WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 249
DOCKET NO. 07 – VWW – 07

Pursuant to Hawaii Revised Statutes (H.R.S.) §342D-7(i), the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Mr. Robert C. Thurston of Lion Pacific Investments LLC, Laketapps, Washington, has applied for a five (5) year variance from Hawaii Administrative Rules (HAR) Section 11-62-03 Definitions which states “Individual wastewater system means a facility which is designed to receive and dispose of no more than 1000 gallons per day of domestic wastewater. Individual wastewater systems may involve treatment processes and include, but are not limited to, septic tanks and household aerobic units with disposal system and cesspools. Each individual wastewater system shall be an independent system and shall have all of its plumbing, treatment (if any), and disposal components separate from any other wastewater system.”
Mr. Craig Oyadomari of Hida, Okamoto & Associates, of Honolulu, Hawaii is the individual authorized to act for the applicant. The applicant is requesting the he be allowed to upgrade his existing large capacity cesspools to treatment individual wastewater systems (IWSs). The wastewater system will continue to serve the existing Crouching Lion Restaurant located at 51-666 Kamehameha Highway, Kaaawa, Oahu. The property is further identified as TMK (1) 5-1-005: 009 & 010 and is 2.337 acres in size.
The applicant has made the following comments.
1. The large capacity septic system proposed to serve the facility would not comply with HAR Section 11-62-03 because the IWS would receive more than 1,000 gallons per day of wastewater. The estimated flow into the system would be 2572 gallons per day.
2. The current State requirement of wastewater treatment plant would significantly add to the construction cost as well as require a much greater ongoing maintenance cost.
3. The facility has been in operation for 55 years in this location using the existing cesspool. The installation of a wastewater treatment plant in lieu of a septic system will not be possible due to space restrictions and may force the owner to abandon the business operation.
4. 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.
5. Prevent loss of jobs. The LCC serving my facility has been in operation for 55 years. The current State requirements of a wastewater treatment plant would significantly add to the construction cost, as well as require a much great ongoing maintenance cost. I (Owner) may be forced to close my existing business and lay off my employees.
6. 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.
7. The proposed treatment individual wastewater systems will provide greater protection than the large capacity cesspools. 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.
8. A 2500 gallon grease interceptor will be installed as a pre-treatment to the septic system.
9. 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.
10. The variance is requested for the maximum of five (5) years.
An IWS design and plot map has been 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 warranted, DOH may hold a public hearing on the variance application, after a separate thirty-day public notice. The final decision will be made on the basis of the application, related documents, written comments and the public hearing, if any.

Chiyome Leinaala Fukino, M.D.
Director of Health (SB05529465 5/15/07)