PUBLIC NOTICE OF
VARIANCE APPLICATION NO. WW 269
DOCKET NO. 07 – VWW – 27
Pursuant to H.R.S. \u2019342D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following: The County Of Maui, Department of Environmental Management has applied for a five (5) year variance from Hawaii Administrative Rules (HAR), Section 11-62-26 (b) which requires weekly composite sampling.
The applicant has stated that the Lanai Facility uses facultative ponds to treat the incoming wastewater flows. The County of Maui desires to continue the practice of daily grab samples to monitor the wastewater quality.
The applicant has made the following comments.
1. The bases for the COM=s request for a variance are:
(A) There is minimal change in the diurnal flow the Wastewater Reclamation
(B) The ponds are a very stable process, with very little change in effluent
quality from day to day.
(C) All the flow to the Lanai WWRF is residential, with the exception of
one commercial laundry.
(D) 100% of the secondary effluent is further processed at the Lanai
Auxiliary WWRF to provide R-1 water. The Lanai Auxiliary WWRF
performs lab testing to comply with R-1 regulations.
(E) The COM received permission to collect daily grab samples, instead of
composite samples, in May 1997. The COM would like to continue
2. The present and proposed conditions meet all environmental rules of the
State 11-62-26 with the exception of weekly composite sampling. It should
be noted that 100% of the secondary effluent is further processed at the
Lanai Auxiliary WWRF to provide R-1 water.
3. The COM=s Lanai WWRF could be brought into compliance with the
environmental rules of the State given a reasonable amount of time.
4. The COM=s request for a variance will not have any environmental impact
because all the effluent is treated by the Lanai Auxiliary WWRF to R-1 quality;
ergo the COM has no discharge to the environment.
5. The granting of the variance will not endanger human health or safety.
At the present time 100% of the effluent for the Lanai WWRF is treated by
the Lanai Auxiliary WWRF to R-1 quality standards. The granting of the
variance will not change this.
6. Compliance to HAR 11-62-26 (b) can only be accomplished by installing
over 4500 feet of electrical conduit and cable, sampling machinery, and a
change in the operational procedures for the Lanai WWRF. There would
be no change in the benefit realized by the public – only a greater
operational cost for the same service provided.
7. The COM is requesting the maximum period of time possible, five (5) years.
We are doing this for the following reasons:
(A) The stability of the process at the Lanai WWRF. The Lanai WWRF has been
in operation since the >70\u2019s, with an upgrade in 1988. There has been no
plant upsets since this time.
(B) The proposed population growth in the Lanai WWRF service are,
minimal. Approximately 1.6% according to COM Planning Department
Socio-Economic Forecast, June 2006.
(C) The amount of time required by DOH and COM to file and review the
8. Exhibit I-1 Resident Population table, can not be displayed here but is
available for review.
9. Section 342D-5 Permits; procedures for (a) – (f), (h) have been provided.
(g) has been highlighted: AIn determining the public interest regarding
permit issuance of renewal, the director shall consider the environmental
impact of the proposed action, any adverse environmental effects which
cannot be provided should the action be implemented, the alternatives to
the proposed action, the relationship between local short-term uses of the
environment and the maintenance and enhancement of long-term productivity,
and irreversible and irretrievable commitments of resources which would be
involved in the proposed action should it be implemented, and any other
factors which the director, by rule, may prescribe; provided that any
determination of public interest shall promote the optimum balance
between economic development and environmental quality.
10. A letter dated October 1, 2007 from Mr. Thomas E. Arizumi, P.E., Chief,
Environmental Management Division to Ms. Cheryl K. Okuma, Esq., Director,
Department of Environmental Management, County of Maui can not be
displayed here but is available for review.
The variance is requested for the maximum of five (5) years.
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 separate related documents, written comments and the public hearing, if any.
Chiyome Leinaala Fukino, M.D.
Director of Health