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Notice #: 05528814
Public Notices

WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 246
DOCKET NO. 07 – VWW – 04

Pursuant to H.R.S. §342-D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Kona Housing Corporation of Kamuela, Hawaii has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62-31.1(b)(2) which states “A building may use more than one individual wastewater system where each individual wastewater system shall connect to a single dwelling unit.”
Mr. Theodore Baldau, Vice President of RT Engineers, Inc., Kailua-Kona, Hawaii is the individual authorized to act for the applicant. The applicant is requesting the use of septic systems in place of existing large capacity cesspools (LCCs) stating that four (4) of the proposed septic systems would receive flow from four dwelling units a piece. One (1) septic system would receive flow from three (3) dwelling units and one septic system would receive flow from two (2) dwelling units. The property is known as the Captain Cook Elderly Housing and is located at 82-1040 Kiloa Road, Captain Cook, Hawaii, and further identified as TMK: (3) 8-2-001: 154.
The applicant has made the following comments.
1. The proposed septic systems would not comply with HAR Section 11-62-31.1(b)(2). Four (4) of the proposed septic systems would receive flow from four (4) dwelling units a piece. One (1) septic system would receive flow from three (3) dwelling units and one (1) septic system would receive flow from two (2) dwelling units.
2. The existing large capacity cesspool(s) must be closed and replaced with a new treatment individual wastewater system by April 5, 2005 in order to comply with federal requirements.
3. The current State requirement of a wastewater treatment plant would significantly add to the construction cost as well as require a much greater ongoing maintenance cost.
4. The cost of providing an individual wastewater system for each dwelling unit would be cost prohibitive.
5. The applicant believes this variance request is in the public interest because the LCC will be upgraded to an IWS (septic system). The IWS plans will be designed by an engineer and will be submitted to DOH for review and approval. The new IWS will provide a better wastewater treatment system compared to the existing LCC. Therefore minimizes impact to the environment.
6. Prevent loss of affordable housing, the cost of providing individual wastewater systems to each dwelling unit would cause an increase in the cost of the affordable housing currently available at the facility.
7. The existing LCC will be upgraded to an IWS (septic system). The IWS will provide a better treatment system prior to effluent disposal. The IWS will be designed and constructed to meet the Department of Health standards. The impact to the environment will be minimized compared to the current wastewater disposal.
8. The proposed treatment individual wastewater systems will provide greater protection than the large capacity cesspool. The proposed IWS is an improvement to the existing cesspool in terms of wastewater treatment. The septic tank will provide pretreatment and sludge removal prior to effluent disposal.
9. The residents of the Captain Cook Elderly Housing are essentially economically depressed.
10. The owner of the facility simply cannot afford to build and operate wastewater systems meeting all the requirements of HAR Chapter 11-62 such as small aerobic wastewater treatment plants.
11. The variance is requested for the maximum of five (5) years.
A plot map is attached to this application for variance but can not be shown here. If you would like to review the complete application, please call or write to the Wastewater Branch, 919 Ala Moana Boulevard, Room 309, Honolulu, Hawaii 96814-4920, telephone (808) 586-4294 or fax (808) 586-4300 to obtain a copy or facsimile. DOH will consider all written comments received within thirty days of this notice. If DOH determines that there is significant public interest, a public hearing may be held after a separate 30 day public notification.

CHIYOME LEINAALA FUKINO, M.D.
Director of Health (SB05528814 4/19/07)