PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 259
DOCKET NO. 07 – VWW – 17
Pursuant to H.R.S. §342D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Mr. Paul C. Hartsough of San Francisco, California, owner of Hale Kalani Apartments has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62-03 Definitions which states an 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. and from Section 11-62-31. 1(b)(1) which states Whenever an individual wastewater system is allowed under subsection (a) the following shall apply; (1) The director may allow an individual wastewater system other than a cesspool to be used for two dwelling units which may or may not be within the same building provided: (A) Both of the dwelling units are located on the same single family residential lot; and (B) The individual wastewater system used shall meet the current requirements of this chapter.
Mr. Stephen J. Herbert of Stephen J. Herbert, engineer from Kailua-Kona, Hawaii is the individual authorized to act for the applicant. The applicant has stated the existing (5) unit building has one (1) bedroom per unit is served by a single large cesspool. Subchapter 3, Individual Wastewater Systems (IWS), does not include any rule for IWS installments for multiple units other than section 11-62-31. 1(b)(1) which refers to two dwelling units.
The applicant has made the following comments.
1. More than two (2) dwelling units are served by one (1) wastewater system
2. 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.
3. 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
4. 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 wll be designed and constructed to meet
the Department of Health standards. The impact to
the environment will be minimized conpared to the
current wastewater disposal.
5. 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.
6. The variance is requested for the maximum of
five (5) years.
If you would like to review the 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.
CHIYOME LEINAALA. FUKINO, M.D.
Director of Health (SB05531947 9/20/07)
Notice #: 05531947