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SidneyFltke, Planning Consultant <br /> P.O.Box 1345 •Hilo,Hawaii 96720 •Planning•Variance•Zoning <br /> Cell:(808)989-0540 •Environmental <br /> Subdivision•Land Use Permits <br /> E-mail:sidneyfuke@gmail.com •Environmental Reports <br /> May 15,2023 <br /> Mr. Zendo Kern.Director <br /> Planning Department <br /> COUNTY OF HAWAFI <br /> 101 Pauahi Street,Room 103 <br /> Hilo, Hawai'i 96720 <br /> Dear Mr. Kern: <br /> SUBJECT: Proposed Condition 6—PL-SPP-2023-000036 <br /> Applicant-Joan Hunziker <br /> TMK: 3/7-5-012: 091 <br /> Thank you very much for forwarding us the staff s background report and favorable <br /> recommendation regarding the subject application. In reviewing both with the applicant,the <br /> applicant concurs with the findings and proposed condition,with one exception. That exception <br /> relates to proposed Condition 6,which currently reads as follows: "The Applicant shall <br /> implement water conservation methods to permanently reduce water use to a maximum of one I <br /> unit of water with a maximum usage of 600 gallons per day meeting with the requirements of <br /> the DWS. " <br /> While the Applicant generally agrees with the concept of finding ways to reduce the use of <br /> potable water, she has concerns over the proposed language for a number of reasons. <br /> For one,the Department of Water Supply("DWS")already has the ability per its rules to address <br /> excess water use by taking steps to terminating water service, subject to following appropriate due <br /> process procedures. In that regard,here are the pertinent provisions of DWS's Rule,with my underscores <br /> in bold state: <br /> "Section 3-2. Conservation Measures and Interruption of Water Supply <br /> 122 Whenever, in the Department's opinion,special conservation measures are <br /> advisable in order to forestall water shortage and a consequent emergency, the <br /> Department may restrict the use of water by any reasonable method of control. The <br /> Department shall also have the right to limit the quantity of water taken from any of its <br /> facilities, including but not limited to temporary standpipes, outlets and hose bibbs. In <br /> determining the priorities in restricting the use of water, the health and safety o f the <br /> public shall be given first consideration over other uses.... <br /> "Section 3-11. Discontinuation of Water Service A. Department of Water Supply <br /> Reasons for Discontinuation <br />