HomeMy WebLinkAboutPL-SPP-2023-000036 05.15.23 APPLICANT'S PROPOSED AMENDMENT TO CONDITION NO. 6 - WATER SidneyFltke, Planning Consultant
P.O.Box 1345 •Hilo,Hawaii 96720 •Planning•Variance•Zoning
Cell:(808)989-0540 •Environmental
Subdivision•Land Use Permits
E-mail:sidneyfuke@gmail.com •Environmental Reports
May 15,2023
Mr. Zendo Kern.Director
Planning Department
COUNTY OF HAWAFI
101 Pauahi Street,Room 103
Hilo, Hawai'i 96720
Dear Mr. Kern:
SUBJECT: Proposed Condition 6—PL-SPP-2023-000036
Applicant-Joan Hunziker
TMK: 3/7-5-012: 091
Thank you very much for forwarding us the staff s background report and favorable
recommendation regarding the subject application. In reviewing both with the applicant,the
applicant concurs with the findings and proposed condition,with one exception. That exception
relates to proposed Condition 6,which currently reads as follows: "The Applicant shall
implement water conservation methods to permanently reduce water use to a maximum of one I
unit of water with a maximum usage of 600 gallons per day meeting with the requirements of
the DWS. "
While the Applicant generally agrees with the concept of finding ways to reduce the use of
potable water, she has concerns over the proposed language for a number of reasons.
For one,the Department of Water Supply("DWS")already has the ability per its rules to address
excess water use by taking steps to terminating water service, subject to following appropriate due
process procedures. In that regard,here are the pertinent provisions of DWS's Rule,with my underscores
in bold state:
"Section 3-2. Conservation Measures and Interruption of Water Supply
122 Whenever, in the Department's opinion,special conservation measures are
advisable in order to forestall water shortage and a consequent emergency, the
Department may restrict the use of water by any reasonable method of control. The
Department shall also have the right to limit the quantity of water taken from any of its
facilities, including but not limited to temporary standpipes, outlets and hose bibbs. In
determining the priorities in restricting the use of water, the health and safety o f the
public shall be given first consideration over other uses....
"Section 3-11. Discontinuation of Water Service A. Department of Water Supply
Reasons for Discontinuation
Mr. Zendo Kern,Director
May 15, 2023
Page 2
(1)Each consumer about to vacate any premises supplied with water by the
Department shall give notice of his intention to vacate, specifying the date service
should be discontinued. Otherwise, the consumer and/or applicant shall be
responsible for all water service furnished to such premises until the Department
has received a notice of discontinuance. The consumer and/or applicant shall be
responsible for all charges resultingfrom non-notification. Before buildings are
demolished, the Department should be notified so the water service can be closed.
(2) Water service may be discontinued for any of the following reasons:
(a)Nonpayment of Bills. Water service may be discontinued for nonpayment of
a bill after written notice is given to the consumer and as provided by these
Rules and Regulations-
_-(d) Waste ul Use of Water.Where ne li ent or wasteful use of water exists
on any premises,the Department may discontinue service if such
conditions are not corrected within a reasonable time after giviniz tine
consumer written notice a said conditions. ...
Based on the above, it should be clear that DWS already has the ability to curtail water
use, including and up to discontinuing service. Thus,the proposed condition is somewhat
redundant.
The other related concern is the requirement to "permanently reduce water consumption".
There are times when water use for any household could inadvertently exceed this 600 gpd
threshold; and in this case,if and when that happens,it would be an infraction of this condition
and the Special Permit.
With or without this condition,please note that proposed Condition 9 already subjects
this Special Permit to comply with all applicable laws, rules, and regulations (which includes
DWS). Given that,the contents of proposed Condition 6 are indirectly covered by proposed
Condition 9.
In my response to DWS' comments, 1 noted that the applicant will"retain the services of an
engineer to do a system-wide review of the residential and irrigation water usage with the objective of
coming up with recommendations to find ways to reduce the site's potable water
consumption. Understandably,once this review is completed,it will take some time to implement the
recommendations. The applicant is committed to having this done and hopefully,the results of this
reduction will become evident in a year from now."
In light of the above,the applicant is willing to accept a condition that acknowledges the
concern and mandates the applicant to take appropriate water conservation measures. We thus would
like to propose the following amended condition_
Mr.Zendo Kern,Director
May 15, 2023
Page 3
"As represented the Applicant shall conduct a system-wide review of the residential and
irrigation water usage with the objective of coming up with ways to reduce the site's potable
water consumption and inform Department of Water Supply_(DW S)of its plan. The Applicant
shall subsequently implement the water conservation measures Lmethods to permanently reduce
water use to a maximum of one unit of water with a maximum usage of 600 gallons per day
meeting with the requirements of the DWS.]" (Underscores reflect new wording;bracketed
reflect deleted wording.)
The clean version would be:
"As represented,the Applicant shall conduct a system-wide review of the residential and
irrigation water usage with the objective of coming up with ways to reduce the site's potable
water consumption and inform the Department of Water Supply(DWS)of its plan. The
Applicant shall subsequently implement the water conservation measures."
We trust that the proposed revision meets with your approval. Thank you very much for
your consideration.
incerely,
SIDNEY M. Fi_TKE
Planning Consultant
Copy—Ms. Joan Hunziker