REP AWEEMC 018 2020/10/06 2018-2020

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AWEEMC-18 Page 2 October 20 2020 Based off on an inquiry made by Your Committee on household's being considered `grandfathered', Director Kucharski stated that they are currently reviewing and considering whether or not the County has the authority or ability to grandfather existing exemptions or not. If cannot grant new exemptions based off the current rules, then how could old exemptions be grandfathered? Relating to Department of Hawaiian Home Lands (DHHL) leasehold properties, whose beneficiaries declined participation in the County's sewer systems years back, and the 2050 cesspool removal mandate, the question was posed to Director Kucharski as to how the County DEM will address this matter. Director Kucharski replied that DEM and DHHL are working on the DHHL properties in Keaukaha, and that this has been and will always be a work in progress. Council Members shared varying views, including that of an unfair system wherein those required to be on a wastewater system are doing their part in protecting the environment, yet there are many who are not required to do so; how potentially detrimental it will be for homeowners without the ability for the Director to grant variance/exemption to wastewater connections as many have circumstances beyond their control; and the potential need for a code change that identifies and provides for a parallel regulation process involving Wastewater and the County Department of Water Supply. A motion to refer Bill No. 216 to the Environmental Management Director and the Environmental Management Commission (EMC) for its review and recommendation was made by Council Member Susan Lee Loy, and seconded by Council Member Ashley Kierkiewicz, passing unanimously. The adoption process would include a review by the EMC and a public comment period of 30- days. DEM anticipates the completion of these requirements by end of November 2020. Council Member Richards reminded Your Committee that bills are now allowed to be reviewed by the EMC concurrently with Council, however that a second reading and vote on said bill cannot be made without an EMC reply, or if they so desire, a non-reply. Your Committee on Agriculture, Water, Energy, and Environmental Management is in accord with the purpose and intent of Bill No. 216, and recommends its passage on first reading. db AYES NOES ABS EX Respectfully submitted, CHUNG X DAVID X COMMITTEE ON AGRICULTURE, WATER, EOFF X ENERGY, AND ENVIRONMENTAL KANEALI`I-KLEINFELDER X MANAGEMENT KIERKIEWICZ X a LEE LOY X POINDEXTER X HERBER M. "TIM" RICHARDS, III, CHAIR RICHARDS X AWEEMC REPORT NO.: 18 VILLEGAS X ADOPTED: NOV 1 8 2020