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regulations like a seepage pit, so turning the existing cesspool, pumping it out, cleaning it out, <br /> and using that as the disposal system for the effluent coming out of the septic system; that's an <br /> option maybe, I haven't spoken with the engineer about it, I'm not an engineer myself. There <br /> may be options. I just really not like to put the applicant in a tough situation in agreeing to a <br /> condition to upgrade to septic system, but then not being able to due to the shoreline. <br /> VITOUSEK: Commissioner Kealoha. <br /> KEALOHA: I'm wondering if this application doesn't put you in a position of a large-capacity <br /> cesspool and require that transition anyway? <br /> PIPAN: So we had wastewater, water and wastewater calculations prepared by a licensed <br /> engineer, Island Engineering, and the expected water use and therefore water effluent from the <br /> property is under the Department of Health limits for, you know, cesspool, septic systems; it's <br /> not a large-capacity cesspool. <br /> KEALOHA: I'm thinking about use being the commercial capacity, if that doesn't change it to a <br /> large capacity and require those changes. <br /> PIPAN: Yeah, I'm not sure if this would kick it over in that respect. And again, we are not at all <br /> opposed to doing a septic upgrade. We think, you know, that is a worthwhile avenue, but it's <br /> tricky because we may not be able to just based on the shoreline setback, recent changes Act 16, <br /> the 205A; there is no more 20-foot shoreline setback, which this parcel originally was built <br /> within that framework. So this is coming up a lot, and you will probably see a lot more projects <br /> where this little wrinkle gets exposed where if a parcel is built up with the 20-foot setback, but <br /> now the setback is 40 feet. So anything going forward and anything not fully permitted, which <br /> this place is fully permitted, would have to adhere to that 40-foot setback. <br /> VITOUSEK: Yeah, I just wonder—maybe this is a question that would be better suited to the <br /> architect, on design for a cesspool and how we are going to accomplish that. Bryan, would you <br /> mind giving us your perspective on that? <br /> LINDSEY: Yeah, again, a bit out of my expertise, but, yeah, going back to John's comments, <br /> yeah, there is no, no area, obviously, on the ocean side for installing anything. I do know a full <br /> septic system also has a five-foot setback from property lines, so looking on the, you know, Alii <br /> Drive side, again, there is, you know, there is no, not much room to put it. I, I'd have to talk to <br /> my civil engineer to see if it could be done, but it's, the feasibility doesn't look great. <br /> VITOUSEK: And then maybe someone from the county could address the statement about not <br /> being able to do it for different codes and regulations. Because it seems to me like putting in a <br /> septic system would be a pretty big benefit for the environment, and we should probably look at <br /> all avenues possibly make that happen. Is there any restrictions from a regulatory perspective <br /> that would prevent them from converting? <br /> ROY: There is the 40-foot setbackI'm going to go ahead and share my screen and put up this <br /> plan here, I think that'll help us be able to discuss this a little better. So right now you can see <br /> 11 <br /> EXHIBIT B <br />