COM 0583.000 2004-2006 - Laserfiche WebLink

Home

STATE OF DEPARTMENT OF HEALTH In the Matter of the Application ) Docket No. OS-VWW-26 Variance Application No. WW 192 ) for Individual Wastewater System ) Use of a Large Capacity Septic Tank ) at Pualani Terrace AOAO Bldg. D ) Multiple Residential Studios ) 82-6587 Mamalahoa Highway ) Kealakekua, Hawaii ) TMK: (3) 8-1-003: 017 ) FINDINGS OF FACT AND CONCLUSIONS OF LAW An application from the Pualani Terrace AOA, for a five (5) year variance from Hawaii Administrative Rules, Chapter 62 of Title 11, Section 11-62-03 and 11-62-31.1(6)(1) was reviewed by the Department of Health staff, and a public notice of the application was printed in the August 24, 2005 issue of the Honolulu Star Bulletin and the August 17, 2005 issue of the West Hawaii Today publications. Three (3) comments pertaining to the application were received during the 30 days following the publication of the public notice. Findings of Fact The individual authorized to act for the applicant, Mr. Stephen J. Herbert, Civil Engineer, has applied for a variance, for the maximum of five (5) years stated from Hawaii Administrative Rules (HAR), Section 11-62-03 Definitions and Section 11-62-31.1(b)(1)state "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(6)(1) 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 located 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. The applicant, Pualani Terrace AOAO (Bldg D) located at 81-6587 Mamalahoa Highway, Kealakekua, Hawaii TMK (3) 8-1-003: 017 requests the continued use of cesspools for said property where Bldg. D contains multiple residential studios (4), total expected flow is less than 1000 gpd, and lot area is greater than 10,000 sf Pualani Tertacz Variance Applicmion W\V 192, Docket No. OS-VW W-26, Findings ofFart and Conclusions of law, Page 1