COM 1334.000 2006-2008 - Laserfiche WebLink

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V OF Harty Kim N William Takaba Mayor Director Nancy E. Crawford Deputy Director ••~•OF •N?il County of Hawaii Finance Department 25 Aupuni Street, Room 118 • Hilo, Hawaii 96720 (808) 961-8234 • Fax(808)961-8248 r•.~ July 9, 2008 Pete Hoffmann, Chairman and Members of the Hawaii County Council Hawai'i County Council 25 Aupuni Street 3 Hilo, Hawai'i 96720 Re: Contribution From Waste Management of Hawaii, Inc. The County of Hawaii contracted Waste Management of Hawai'i, Inc. (WMH) to construct and manage the West Hawai'i Landfill and under that contract, WMH was responsible for compliance with all environmental laws in its management of the Landfill, and to indemnify the County against fines or penalties that might arise from violation of such laws. Under the Clean Air Act, including 42 U.S.C. sections 7401-7617q, WMH was required to calculate the landfill's nonmethane organic compounds (NMOC) emissions potential and report this to the Environmental Protection Agency (EPA) annually. However, WMH failed to comply with the Clean Air Act requirements to timely submit Annual Emission Rate Reports with the EPA for the West Hawaii Landfill, for the years 2001, 2002, 2003, 2004, and 2005. Also, WMH failed to comply with Clean Air Act requirements, based on the NMOC emissions potential for 2002, to submit to EPA a gas collection and control plan within one year, and install a gas collection and control system (GCCS) within 30 months, or in the alternative to provide a revised report within 180 days, based on Tier 2 NMOC sampling and analysis that shows emission rates below the threshold requirement for a GCCS. In lieu of the EPA's demand for a civil penalty of $135,000, the EPA is willing to settle the foregoing violations for a civil penalty of $33,500, with the remaining $101,500 to be used by the County and WMH to complete a Supplemental Environmental Project to cost at least $184,40Q intended to provide significant environmental or public health protection and improvements at the Old Closed Kailua-Kona Landfill. The funds will be used to combat the underground fire that has continued since the early 1990's and the project will demonstrate that foam injected will displace the oxygen and reduce the temperature, thereby reducing the conditions that a fire needs to exist. Comm. No. QtS. -1ta-0,1. 131,t11 3a3 Ref. To, Hawaii ounty is an Equal Opportunity Provider and Employer Ref t Dae J% Q_ zuubl