WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 250
DOCKET NO. 07 – VWW – 08

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. Neil H. Waldow of Kula, Maui, Hawaii 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.”
Ms. Linda Taylor, P.E., of Linda Taylor Engineering, Makawao, Maui, Hawaii is the individual authorized to act for the applicant. The applicant has stated that the subject property is 15,899 square feet and has a permitted six (6) bedroom duplex discharging wastewater into one (1) cesspool and a permitted one (1) bedroom cottage discharging into a second cesspool. This variance is being requested to allow the cesspool serving the six (6) bedroom duplex to be converted into a new individual wastewater system (IWS). Wastewater from the one (1) bedroom cottage would remain continue to be disposed of into its own existing cesspool. The property is located at 265 Ainakula Road, Kula, Maui and is identified as TMK (2) 2-3-022: 086.
The applicant has made the following comments.
1. The area of the lot is 15,899 square feet. This is insufficient to meet the minimum land area requirements for IWS utilization which is one IWS per 10,000 square feet of lot area.
2. Six (6) bedrooms to be served by a new IWS to be reviewed and approved by the State Department of Health.
3. The existing large capacity cesspool(s) must be closed and replaced with a new treatment individual wastewater system by April 5, 2005 to comply with federal requirements.
4. The six (6) bedroom duplex does not meet Federal EPA compliance rules, the cesspool is failing. The cesspool needs to be abandoned and replaced by a new IWS.
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. 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. 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.
9. The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant.
10. The variance is requested for the maximum of five (5) years.
A plot map and photo 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 fax (808) 586-4300 to obtain a 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 (SB05529810 6/1/07)