WASTEWATER SYSTEMS
NOTICE OF
VARIANCE APPLICATION NO. W W 216
DOCKET NO. 06 – V W W – 05

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. Chris Moore, owner of Poipu Plantation Resort, LLC, 1792 Pee Road, Koloa, Kauai, Hawaii has applied for a five (5) year variance, from Hawaii Administrative Rules (HAR) from Section 11-62-31.1(b)(1) to connect more than two dwelling units to a single septic tank.
Mr. Moore states the project involves two buildings. One building contains three 1-bedroom dwellings and the other building contains four 1-bedroom dwellings. Each building is served by a cesspool and historically been without problem. New septic tanks for each building will use the cesspool as a seepage pit. There is insufficient land to add more systems.
The applicant has made the following comments.
1. Each proposed IWS will serve more than two dwelling units.
2. The existing large capacity cesspool(s) must be closed and replaced with a new treatment individual wastewater system by April 5, 2005 in order to comply with federal requirements.
3. The current State requirement of a wastewater treatment plant would significantly add to the construction cost as well as require a much greater ongoing maintenance cost.
4. The facility has been in operation for 20 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.
5. There is insufficient land to add more septic systems than proposed.
6. 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.
7. Prevent loss of jobs. The LCC serving my facility has been in operation for 20 years. The current State requirements of a wastewater treatment plant would significantly add to the construction cost, as well as require a much greater ongoing maintenance cost. I (owner) may be forced to close my existing business and lay off my employees.
8. 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.
9. 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.
10. The owner of the facilty 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.
11. The existing location of the facility is severely restrictive. There is simply no space to construct a wastewater treatment plant.
12. The variance is requested for the maximum of five (5) years.
If you would like to review the full 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 L. FUKINO, M.D.
Director of Health (SB05522809 5/9/06)