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By memorandum dated January 29, 2007, the State of Hawaii Department of Health <br /> provided the following comments in response to the Director's request for agency review and <br /> comments regarding the Variance Application: <br /> Recommend the subdivision lots be connected to an existing public water <br /> system. <br /> Concerns on water quality for lead, copper, algae and microbiological and <br /> chemical contaminations in private water systems have identified the need <br /> for self monitoring. The Department of Health does not support the use of <br /> these private rain catchment systems for drinking purposes since the <br /> quality may not meet potable water standards. <br /> (ROA at 00106-00107.) <br /> By letter dated February 12, 2007, the Director denied Jin and Lu's Water Variance <br /> Application, which stated in part: <br /> INTENT AND PURPOSE-WATER VARIANCE <br /> Section 23-84 of the Subdivision Code requires that all new subdivisions have a <br /> water system meeting with the minimum requirements of the Department of <br /> Water Supply. The State Department of Health has no specific rules or <br /> regulations relating to the utilization, construction or inspection of private roof or <br /> rain catchment water systems for potable or emergency uses. <br /> The alternative to a water system proposed by the applicant"private residential <br /> catchment systems"by the individual lot owner(s) would not meet the intent and <br /> purpose of the Subdivision Code; and is not allowed pursuant to Planning <br /> Department Rule 22-Water Variance, effective February 25, 2006. Generally, <br /> Rule 22 is both a rule and statement of criteria to be used so that consistent <br /> decisions can be made on water variance requests. <br /> Section 23-84 of the Subdivision Code requires a water system, and Rule 22 <br /> limits subdivisions requesting a variance from water supply to six (6) lots, and, <br /> requires that a proposed subdivision(limited to 6 lots)requesting a variance to <br /> allow individual rainwater catchment systems for potable and emergency needs <br /> must receive a minimum 60 inches of annual rainfall for each lot served by <br /> catchment. Rule 22, states in part: <br /> "22-4 Minimum rainfall. <br /> Except as provided in Rule 22-6, all lots to be served <br /> by catchment shall [] have an average annual rainfall <br /> 4 <br />