WASTEWATER SYSTEMS
PUBLIC NOTICE OF
VARIANCE APPLICATION NO. W W 231
DOCKET NO. 06 – V W W – 20

Pursuant to H.R.S. §342-D-7(i), Hawaii Revised Statutes, the State Department of Health (DOH) seeks written comments from interested persons regarding the following. Starr Equities, Inc., c/o Clark Realty Corporation of Kailua-Kona, 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.”
Mr. Theodore Baldau of RT Engineers, Inc. of Kailua-Kona, Hawaii is the individual authorized to act for the applicant. The applicant is requesting the continued use of individual wastewater systems (IWSs) such as a septic tank system for the commercial building – retail business. The commercial building has multiple tenant spaces and currently has 12 separate tenants. Wastewater volume fluctuateswith tenant mix and may exceed 1,000 gpd on a regular basis. The estimated maximum wastewater flow for the facility is 2,000 gpd. The building is located at 64-1067 Mamalahoa Highway, Kamuela, Hawaii, and is identified as TMK (3) 6-4-006: 004.
The applicant has made the following comments.
1. The large capacity septic system proposed to serve the facility would not comply with HAR Section 11-62-03 because the IWS would receive more than 1,000 gallons per day of wastewater. The estimated flow into the system would be 2,000 gallons per day.
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 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.
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 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.
5. The proposed treatment individual wastewater systems will provide greater protection than the large capacity cesspool. 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.
6. 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.
7. The variance is requested for the maximum of five (5) years.
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 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 (SB05525367 10/20/06)