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HomeMy WebLinkAboutPD Background Report (PL-SPP-2025-000112)-1- B.KLINE.SPP COUNTY OF HAWAI‘I PLANNING DEPARTMENT BACKGROUND REPORT KRUA & BRET KLINE SPECIAL PERMIT APPLICATION (PL-SPP-2025-000112) KRUA & BRET KLINE are requesting a Special Permit to allow the establishment of food vendors, agricultural training classes and the sale of fresh produce on an approximately 1.06-acre parcel of land in the State Land Use Agricultural District. The subject property is located at 15-1839 Keaau Pahoa Road, approximately 3,050 feet northwest of its intersection with Makuʻu Drive, Hawaiian Paradise Park, Puna, Hawaiʻi, TMK: (3) 1-5- 017:162. APPLICANTS’ REQUEST 1. Request: The applicants are requesting a Special Permit to establish a vendor market comprised of food vendors, agricultural training classes and produce vendors. There are 5 proposed vendor stalls approximately 120 square feet each in size. Three of the vendor stalls will be for food service, one stall will be selling produce, and the last stall will be used to cultivate mushrooms. A storage structure is also proposed to the northwest side of the property that is 240 square feet. A future restroom structure is proposed to be 600 square feet located in proximity to the 33rd Ave entrance. 2. Hours of Operation: The vendor market will operate daily between 11:00 am and 7:00 pm. The agricultural classes will take place once or twice per month between the hours of 9:00 am and 4:00 pm with approximately 20 attendees. 3. Staffing/Employees: The proposed business activities will employ between 8 and 12 people to operate the multiple vendor booths and provide the agricultural classes. 4. Parking: Off-street parking is available as the applicant has designated a cindered clear and graded area for up to 18 parking stalls for guests of the vendor market. 5. Reason for Request: According to the applicants, they would like to provide a venue to offer produce for sale and provide agricultural classes for mushroom cultivation and hydroponics. -2- 6. Landowners: Krua and Bret Kline. 7. Supportive Information: A Special Permit is required for a vendor market establishment in the State Land Use Agricultural District. The applicant has submitted the attached in support of the request. (Planning Department Exhibit 1 – Special Permit Application dated November 19, 2025) BACKGROUND INFORMATION 8. Zoning Code violations: There has been one Zoning Code violation for operating a commercial business on the property. The violation has been closed, and the Department has not received any further complaints as of the time of this writing. • Planning Code Violation No. PL-PCV-2025-01035: Closed by letter dated November 3, 2025 for operating business in non-conforming structures (Planning Department Exhibit 2 – PCV closure letter dated November 3, 2025). STATE & COUNTY PLANS 9. State Land Use District: Agricultural. 10. General Plan Land Use Pattern Allocation (LUPAG) Map: The General Plan LUPAG map classifies the subject property as Rural (RUR) which includes existing subdivisions in the State Land Use Agricultural and Rural districts within this particular section of Puna that have a significant residential component. Typical lot sizes vary from 9,000-square feet to two acres. These subdivisions may contain small farms, wooded areas, and open fields as well as residences. 11. County Zoning: Agricultural-1 acre (A-1a). 12. Puna Community Development Plan (PCDP): The PCDP was adopted by the Hawaiʻi County Council, Ordinance 08 116, on September 10, 2008. The subject property is not located within the proposed Hawaiian Paradise Park Regional Town Center area, which is identified along Kaloli Drive between 22nd and 28th Avenues within the Puna CDP. However, it is located in an area of 33rd Avenue identified by the PCDP as a potential area for light industrial development. 13. Special Management Area (SMA): The property is not within the County’s Special Management Area. The subject property is more than 4 miles from the closest coastline. -3- 14. Coastal Zone Management: The entire State of Hawai‘i lies within the Coastal Zone Management area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 15. Subject Property: According to records on file with the Building Division, there have not been any Building Permits applied for or approved on this subject property. The subject, 1.06-acre property is improved with the proposed vendor structures, and the site has been graded with gravel and/or cinder. The applicant states that proposed agricultural uses on the property will be the sale of produce and providing mushroom and hydroponic cultivation classes. 16. Surrounding Zoning/Land Uses: Properties surrounding the subject property are also zoned Agricultural-1 acres (A-1a), with uses consisting of agriculture, farm dwellings, vacant lots and various Special Permits that allow for base yarding and an automotive repairs shop. The closest residence to the subject property is located approximately 50 feet to the southeast. 17. U.S.D.A. Soil Type: Pahoehoe (rLW), a miscellaneous land type. Pahoehoe lava has no soil covering and is typically bare of vegetation except for mosses and lichens. 18. Land Study Bureau’s Detailed Land Classification System: Soils within the project site are classified as “E” or “Very Poor” for agricultural productivity. 19. Agricultural Lands of Importance to the State of Hawai’i (ALISH): Soils within the project site are not classified by the Agricultural Lands of Importance to the State of Hawaiʻi. 20. Flood Insurance Rate Map (FIRM): The property is classified as Flood Zone “X,” (Area of Minimal Flood Hazard) according to the FEMA Flood Insurance Rate Mapping system. 21. Flora/Fauna Resources: Although there was no professional survey conducted for floral and faunal resources, the applicant believes that there are no rare or endangered floral or faunal resources likely to be found on the subject parcel. Based on a site visit, there appears to be no native, threatened, or endangered vegetation on the subject property. The site has been recently graded and is denuded of any vegetation. The surrounding vegetation includes primarily non- -4- native species such as guava, and wild orchids and few small Ohia; however, none of the species listed are considered endangered or threatened. 22. Archaeological/Cultural/Historical Resources: No archaeological and cultural study was conducted of the property as the subject property has been previously impacted by ground-disturbing activities associated with previous agricultural development. According to the applicant, there are no known customary or Native Hawaiian cultural rights exercised within the subject property. 23. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses through the subject property. PUBLIC UTILITIES AND SERVICES 24. Access/Parking/Traffic: Access to the subject property is by two separate proposed driveways; one from Keaʻau-Pāhoa Road (Highway 130), a two-lane State highway, the second access point is from Keaʻau-Pāhoa Road (Highway 130) onto Makuʻu Drive and 33rd Avenue. Uluhe Street (33rd Avenue) is a private roadway that is partially paved by the nearby permittees as a condition of their special permits. From the north end of parcel (3) 1-5-016:147 to the north end of 33rd Ave is constructed of compacted gravel. The driveway apron, parking area and roadway fronting the property along 33rd Avenue is an existing compact gravel and red cinder surface. The State Department of Transportation (HDOT) reviewed the proposed Special Permit application and indicated that it has no objection to the request, however several conditions were included to require coordination with the HDOT Hawaii District office. 25. Water: The subject property, as with most of the lots within this subdivision, is not serviced by the County' s water system. However, DWS has stated that water can be made available from a 12-inch waterline within Keaʻau-Pāhoa Road fronting the property, subject to the applicant meeting DWS conditions including submittal of water calculations, a water commitment deposit, installation of a reduced pressure backflow prevention assembly and relocation of affected DWS water system facilities, among other possible requirements. 26. Wastewater: The subject property is not served by the existing county sewer system; thus, the applicant shall follow Department of Health (DOH) regulations -5- for wastewater. The application states that the project will utilize portable toilet facilities temporarily until a permanent restroom facility is built. 27. Solid Waste: Any solid waste generated by the proposed operation will be disposed of daily for cleanliness and sanitation practice. 28. Other Essential Utilities and Services: The project site has electricity, internet, telephone, and cellular service available. The nearest fire station is less than 1.5- miles away on ʻĀinaloa Blvd and the police station is located in Kea‘au and Pāhoa which is approximately 3.5 miles from the subject property. AGENCY COMMENTS 29. Department of Water Supply: (Planning Department Exhibit 3 – May 14, 2026). 30. State Department of Health: (Planning Department Exhibit 4 – May 8, 2026, Memo). 31. State Department of Transportation: Planning Department Exhibit 5 – June 15, 2026, Memo). AGENCIES – NO COMMENTS/NO CONCERNS 32. Police Department, Land Use Commission, State Office of Planning. AGENCIES – NO RESPONSE 33. DPW- Engineering Division, DPW- Traffic Division, DPW- Building Division, Department of Environmental Management, Fire Department, Department of Finance - Real Property Tax, Department of Agriculture, Department of Land and Natural Resources- SHPD, Land and Engineering. PUBLIC COMMENTS 34. There are no public comments as of the time of this writing. SPECIAL PERMIT APPLICATION: Krua Kline is requesƟng a Special Permit to recognize and legiƟmize the use of this A-1 lot; TMK: (3) 1-5- 017:162 I am submiƫng a Special Permit applicaƟon to change the use of the subject property to allow a small project of selling food in a food stall/booth, selling Fresh vegetable and special event of agriculture training classes (hydroponic and mushroom) to be hold on the subject parcel. I intend to convert the lot to include structures to accommodate a number of uses, including, but not limited to: Food Stall/booth Services, Fresh produce stall, Mushroom culƟvaƟon, hydroponic growing and outdoor hand on agriculture classes (hydroponic and mushroom) to be conduct at this property. The 1. 06-acre subject parcel is located at 15- 1839 Keaau-Pahoa Rd. Request: I am submiƫng a Special Permit applicaƟon to proposes a small-scale, community oriented mulƟ-cultural food concessions faciliƟes consisƟng of six individual vendor booths (10’x12’) on a 1.06- acre parcel within the agricultural (A1) District on Hawaii island. The project is designed to support local food vendors and small businesses by providing a centralized low-intensity locaƟon for sale of hot food, fresh vegetable and agriculture on site hand on classes. The subject property to allow a small project of food venƟng, Fresh vegetable selling and special event of agriculture training (hydroponic and mushroom) to be hold on the subject parcel. These small structures are to accommodate a number of uses, including, but not limited to: Food VenƟng Services, fresh produce, Mushroom culƟvaƟon, hydroponic growing and hand on agriculture classes (hydroponic and mushroom). This project directly supports: Local entrepreneurship, access to diverse food opƟons, and small-scale economic acƟvity in rural areas. The use is limited in scale and intensity, making it appropriate within the agricultural district as a complementary use. Days/Hours of OperaƟon: Based on the proposed future planned uses for the subject parcel, the following is a guide to the hours of daily operaƟon, proposed events. The operaƟon hours will be Monday to Sunday from 11:00 AM to 7:00 PM. Daily operaƟon personnel will be 8 to 12 people. These operaƟon personnels will be family members and hire staff all together. The agriculture and mushroom training classes shall be conduct from 9:00 am to 4 p.m. for a group of 20 people once a month. Reason for the Request: The primary objecƟve is to legiƟmize the use of the exisƟng A-1 zone lot to accommodate small project of Food VenƟng, selling of fresh produce and agriculture training classes. The goal of the food venƟng and fresh produce selling is to respond to the need of local hot food services and local grown fresh produce to our community. As well as to be an agriculture educaƟon center that people can come take agriculture classes to gain more in-depth knowledge of culƟvaƟon and good agriculture pracƟce. Therefore; by permiƩed a special permit to conduct small project of selling hot food and fresh vegetable in my lot will support local economy, promoƟng food accessibility and preserving rural character. Food VenƟng Details: All foods (hot/cold) that are to be sold in this lot will be abide by the health department’s regulaƟon. Agricultural Program Details: My team and I have for seem that Hawaii is a place for easy agriculture culƟvaƟon. Therefore, my partner Ntzia Cha has an in-depth knowledge of agriculture culƟvaƟon and mushroom culƟvaƟon. She used to own and operate an organic cerƟfied farm in the Oklahoma. She was a good agriculture pracƟce cerƟfied (GAP). She is an agriculture conference speaker and agriculture consultant in culƟvaƟon of produce, mushroom and food safety. We believe that it is important to equip our local people of good agriculture pracƟce so for those that loves to grow produce can grow healthy crops and safe to eat produce. We wanted to empower grower through hand on training classes that will equip them with the understanding of good agriculture pracƟce to include the following topic. 1. Agriculture Food safety 2. PesƟcide 3. Herbicide 4. Nutrient (ferƟlizer) both in organic and syntheƟc ferƟlizer 5. Mushroom class: The mushroom classes will give people the knowledge and understanding that growing mushroom is not like other crops that you just scaƩered seeds onto the ground. Growing mushroom, you must understand the biologic science of fungus enable to grow. So as a result, a hand on training class is needed enable to understand and grow mushroom successfully. We want to help those who wants to be self-sufficient in growing for themselves and others, therefore; by teaching good agriculture pracƟce classes, will equip them with a good start. There shall be no more than 20 people per class session. Class will be offering once or twice a month as demand, onsite in the grow area. In conclude, the reason for my request for the special permit is to provide for a wide range of community needs and convenient such as local food services, fresh produce, an opportunity to again good agriculture pracƟce knowledge and hand on hydroponic and mushroom training and an opportunity for local small business. Landowner: Krau Kline and Bret Arden Kline (TMK: (3) 1-5-017:162). The 1. 06-acre subject parcel is located at 15- 1839 Keaau-Pahoa Rd. STATE AND COUNTY PLANS State Land Use District: Agricultural General Plan DesignaƟon: Rural County Zoning: Agriculture 1-acre (A-1a) Puna Community Development Plan (PCDP): The Puna CDP was adopted by the Hawaii County Council, Ordinance 08 116, on September 10, 2008. The subject property is not located within the proposed Hawaiian Paradise Park Regional Town Center area, which is idenƟfied along Kaloli Drive between 22nd and 28th Avenues within the Puna CDP. Special Management Area (SMA): The property is not situated within the Special Management Area (SMA). DESCRIPTION OF PROPERTY AND SURROUNDING AREAS Subject Property: The subject property is 1.06 acres in size and is rectangular in shape and is relaƟvely level. The subject property is located at 15- 1839 Keaau-Pahoa Rd. and currently zone AG-1. Currently has been clear and gently sloped. Surrounding Zoning/Land Uses: This property is located within the top porƟon of the Hawaiian Paradise Park (HPP) Subdivision. All properƟes surrounding the subject parcel are similarly zoned Agricultural 1- acre(A-1a). The surrounding properƟes are in mix usage. Parcel to the east is using for agriculture (green house). Others are such as automoƟve services and auto parts. So, in our block of neighboring lots there are mix of business and residenƟal. USDA Soil Survey Report: Soils on the subject property are classified the soil type as LV or " Lava Flows, which consists of rough broken lava with no significant soil cover. Agricultural Lands of Significance to the State of Hawaii (ALISH) Map: Unclassified. Flood Zone: The Flood Insurance Rate map (FIRM) designates the subject parcel to be within Zone X—or areas of minimal flood hazard. Flora/Fauna Resources: Although there was no professional survey conducted for floral and faunal resources, the applicant believes that there are no rare or endangered floral or faunal resources likely to be found on the subject parcel. Based on site photos, there appears to be no naƟve, threatened, or endangered vegetaƟon on the subject property. The site has been recently graded and is denuded of any vegetaƟon. The surrounding vegetaƟon includes primarily non-naƟve species such as guava, and wild orchids and few small Ohia; however, none of the species listed are considered endangered or threatened. Archaeological/Historical Resources: No commissioned archeological survey of the site has been made as the developed nature of the property makes new archeological finds unlikely. Culture and Resources: The subject site is not adjacent and/or proximate to the shoreline, as such, fishing and/or coastal access gathering is not conducted on the parcel. It is not known if the subject parcel, or immediate area have ever been used for the gathering or other historic uses by naƟve Hawaiians. However, it would appear every unlikely that the site would provide resources as it is within a developed community. And from our site walked there are no known archeological features or sites on the subject parcel. Public Access: There is no known public access to the mountains or the shoreline that runs through the property. Traffic Impacts: The proposed project is located on 15- 1839 Keaau-Pahoa Rd., Hawaii Paradise Park subdivision. Traffic in this area made up primarily of residents. The proposed use should not generate an increase in traffic to the subject site, because our goal is to serve the local resident. The proposed food concession use is expected to generate low traffic, consisƟng primarily of short-duraƟon customer visits. Due to the small number of vendor stalls traffic volumes will remain minimal. The exisƟng roadways are adequate to accommodate this level of use without congesƟon or safety concerns. PUBLIC UTILITIES AND SERVICES ACCESS: The subject parcel is accessed via Keaau-Pahoa Rd. and Uluhe Avenue (33rd). Vehicles will have an ingress and egress to the property from drive way easement on Keaau-Pahoa Rd or via Uluhe Avenue (33rd) access driveway on the property. The proposed project includes the creaƟon of dedicated parking stall areas. Because of the limited impact of traffic generated by this project, no Traffic Impact Analysis Report (TIAR) was created or required. Water: There is county water that the applicants can tap into by Keaau-Pahoa Rd. EssenƟal UƟliƟes and Services: Electric, internet, and telephone is currently available to the lot upon request. Waste will be haul to the transfer staƟon daily for cleanliness and sanitaƟon pracƟce. Portable toilets will be installed unƟl permanent restroom is build. Reason for granƟng the Special Permit The reason I am seeking for granƟng of the Special Permit for my lot is that the plan I have for Food VenƟng and farm to table usage of my land would be one of the most unique effecƟveness to the Chapter 205, HRS. In Hawaii Paradise Park subdivision, we are lack of restaurant and convenience store; therefore, I believe that by seƫng this lot for small scale food venƟng, fresh vegetable and agriculture training classes center will be a convenient to this community. AŌer taken the agriculture classes I am counƟng on that it will inspire and give people the knowledge and tools to understand that a small plot of land can sustain much of daily needs of vegetable and herbs which they can culƟvate a small growing area in their backyard. The usage of my lot for producing vegetable, mushroom and food venƟng shall not be unreasonable burden to public agencies because I am just using the current roads, streets, police and fire protecƟon as the current infrastructure was set for Hawaii Paradise Park subdivision. The unusual condiƟons or trends and needs that is known since the district boundaries and regulaƟons was established is that people’s lively hood has change. People have need for local conveniences without travel far. Now that traffic to Hilo has increase tremendously; it is more of a hassle to drive to Hilo to buy fresh produce or food for carry out. But to have a place within the community where you can purchase fresh produce and hot food for carry out is a major conveniences . I ask that a special permit be granted for me so that I could uƟlize the current agriculture zone to maximize its agriculture uƟlizaƟon, such as my farm to table program; stall for selling hot food for carry out and an agriculture training center. My farm to table program will not substanƟally alter or change the essenƟal character of the land and the present usage, because I am sƟll using within the agriculture pracƟce. Crops will be grown in raise bed, or container growing and as well as hydroponic. Therefore, there will not be any nausea to the neighbor or neighborhood. The propose of farm to table and food venƟng business in my lot will not be contrary to the goals, policies and standards of the general plan and other applicable documents such as community development plans and design plans, because my propose usage of my lot sƟll operate within the design and development plan. Inconclusion of my request for approval for the special permit is to provide for our community needs and convenient such as local food services, fresh produce, an opportunity to again good agriculture pracƟce knowledge and hand on hydroponic and mushroom training classes as I have stated in the above reason for apply for a special permit. I ask that you grant me this special permit so that my team and I can provide the much-needed local hot food services, local produce and a center where people can go seek hand on agriculture training. C.Kimo Alameda,Ph.D. o°"T;FM!,Jeffrey W.Darrow4 Mayor i-' litig Director William V.Brilhante,Jr. Michelle S. Alm Managing Director Deputy Director West Hawai'i Office East Hawaii Office 74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai'i 96740 County of Hawal 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 November 3, 2025 Bret and Krua Kline 15-2719 Kala Street Pahoa, HI 96778-9317 Dear Mr. and Mrs. Kline: SUBJECT: Closure Letter Complaint: Unpermitted Vendors Structures and Structures built in the required Property Yard Setback(s) File No:PL-PCV-2025-01035 TMK: 3) 1-5-017:162, 15-1839 Keaau-Pahoa Rd., Pahoa Hawaii Based on the below, this case is closed with no further actions required by the County of Hawaii Planning Department. On September 29, 2025, our Planning Inspector conducted a roadside inspection of the subject property and observed six as-built sheds. Four sheds looked as if built in the required 30-foot front yard setback, and one shed had a food advertisement banner. In addition, the front of a shed had a space for rent signage. On October 28, 2025, our Planning Inspector conducted a follow-up inspection of the subject property and observed that the 4 as-built sheds located in the front yard setback has been relocated to meet the required zoning code 30-foot setback. In addition, we acknowledge receipt of your letter of understanding dated October 9, 2025, stating you will not operate, rent or advertise any vendor's space until you secure the required Special Permit. Please be informed, the 6 as-built sheds may require building permits from the County of Hawaii, Department of Public works, Building Division. www.planning.hawaiicountyyeov Hawaii County is an Equal Opportunity Provider and Employer planning(.dhawaiicounty.eov Bret and Krua Kline Closure Letter PL-PCV-2025-01035 November 3, 2025 Page 2 We appreciate your prompt corrective measures and understanding of the issues listed above. Should you have any questions that pertain to zoning codes, please feel free to contact Planning Inspector, Mark Iwamoto, of this office at(808) 961-8151. Sincerely, Jeffke y w ,Davvow JEFFREY W. DARROW Planning Director MI:sklo V:\PL\PL\planning\public\Enforcement\TMK Files\ZONE 1 Sec. 1-5 to 1-9\1-5-017-162\closureklinepcv-2025-01035.doc JOSH GREEN, M.D. KENNETH S. FINK, M.D, MGA, MPH GOVERNOR OF HAWAII DIRECTOR OF HEALTH KE KIA’AINA O KA MOKU’AINA O HAWAI’I KA LUNA HO’OKELE STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: May 8, 2026 TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Application (PL-SPP-2025-000112) Applicant: Krua Kline and Brett Kline Request: To Legitimize the Establishment of Food Vendors, Agricultural Training Classes, and Sale of Fresh Produce TMK: 1-5-017:162, Hawaiian Paradise Park, Puna, Hawaiʻi In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies, project owners, and their agents should apply Department of Health “Standard Comments” regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. Jeffrey W. Darrow May 8, 2026 Page 2 of 4 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses, public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https://health.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: https://health.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation & Emergency Response Office are at: https://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-502, 11-503, and 11-504. 2. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, “Community Noise Control,” shall not be exceeded unless a noise permit is obtained from the Department of Health. 3. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at https://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch Jeffrey W. Darrow May 8, 2026 Page 3 of 4 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1) Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: https://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://health.hawaii.gov/epo/landuse/. Solid & Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible, waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program – The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid & Hazardous Waste Branch can be found at: https://health.hawaii.gov/epo/landuse/. Wastewater Branch For comments, please email the Wastewater Branch at doh.wwb@doh.hawaii.gov. Sanitation / Local DOH Comments: 1. The establishment of food vendors needs to meet the requirements of H.A.R. Title 11 Chapter 50, Food Safety Code. Please call our office (Ph. 933-0917) for consultation and additional information. Jeffrey W. Darrow May 8, 2026 Page 4 of 4 Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers, planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter, please contact the Department of Health, Hawaii District Health Office, at (808) 933-0917.