PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 260
DOCKET NO. 07 – VWW – 18
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. Micah Kane, Chairman of the Hawaiian Homes Commission, Honolulu, Hawaii has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), section 11-62-31.1(a)(1) which states General requirements for individual wastewater systems. (a) Individual wastewater systems may be used as a temporary on-site means of wastewater disposal in lieu of wastewater treatment works under the following conditions: (1) Developments involving dwellings….
Mr. Kane, as the authorized applicant, is requesting a renewal of a five (5) year variance from the above state section. Previously a five (5) year variance extension was granted on July 26, 2002 by the Department with the following conditions:
1. The individual wastewater system to be constructed shall comply with the
wastewater rules at the time the lessee applies for a building permit.
2. The volume of wastewater generated on each lot shall not exceed a design flow
of 1,000 gallons per day.
3. Additional dwelling units or ohana dwellings must be approved by the
Department of Health.
The applicant has maded the following comments.
1. The Kula Residence Lots, Unit 1, TMK: (2)2-2-002:056 and Portion 14, is
being developed by the Department of Hawaiian Home Lands (DHHL).
The original subdivision map consisted of 386 residential lots ranging in size
from 0.5 to 1.0 acre. Approximately 290 lots were previously awarded to
lessees in 1986. Individual Wastewater Systems (IWSs), in lieu of
wastewater treatment works, are being proposed as the means of
wastewater treatment disposal for each lot within proposed development.
The entire project site is within an area designated by the Department of
Health (DOH) as a Non-Critical Wastewater Disposal Area (Non-CWDA).
2. The total development exceeds the fifty (50) dwelling unit allowed in DOHs
HAR 11-62-31.1(a)(1)(B) for utilzation of IWSs.
3. As stated in 11-62-06(b) All buildings generating wastewater and located
within or near proximity of an available public sewer system, as determined
by the Director, shall connect to the public sewer. However, there is no
existing sewer system in the vicinity of the proposed subdivsion. Also, the
cost (capital and operational) associated with an on-site sewerage system
would result in economic hardship to DHHL, as well as the lessees. Compliance
with the requirements of HAR 11-62-06(b) would require the desigh and
construction of onsite sewer laterals, sewer transmission mains, a secondary
wastewater treatment facility, and effluent disposal system, the estimated
total construction for a secondary wastewater treatment facility, and effluent
disposal system., including sewer transmission mains and sewer laterals for
386 lots, is approximately $6 million. In comparison, the estimated total
construction cost for IWSs, consisting of 386 septic tank/leaching field
systems at $8000 each, is approximately $3.1 million.
4. In compliance with HRS 342D-6(C)(4), the public interest shall be served in
a method that will prove to be cost effective, and have minimal impact on the
environment. The use of the IWSs as the means of wastewater treatment disposal
for each lot is deemed prudent because the proposed development site is within
a Non-CWDA as defined in DOHs Summary of the Critical Wastewater Disposal
Areas. Furthermore, the costs associated with the alternative of designing and
constructing a secondary water treatment facility and effluent disposal system,
including sewer transmission mains and sewer laterals for 386 lots, would be
5. As indicateed in the Summary of the Critical Wastewater Disposal Areas,
and by cross-checking TMK: (2) 2-2-002:056 & Portion of 14 with the DOH
Environmental Management Division (EMD) records, the proposed development
site is in a Non-CWDA.
6. Compliance with the requirements of HAR 11-62-06(b) would result in a
significant increase in overall development costs of the subdivision for DHHL
and the lessees.
7. The maximum time period of five (5) years is requested for this renewal.
Requests for the future renewals will be made at five (5) year intervals until a
municipal sewer system becomes available in the project vicinity.
Three (3) plot maps have 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 fax (808) 586-4300 to obtain a facsimilie. 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