RES 702 Draft 01 2006-2008 - Laserfiche WebLink

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WHEREAS, 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 ("SEP") to cost at least $184,400 intended to provide significant environmental or public health protection and improvements at the Old Closed Kailua-Kona Landfill, as set forth in the proposed CAFO set forth as Attachment "A"; and WHEREAS, the SEP will consist of (1) investigation of landfill subsurface conditions to find hotspots that probably mark subsurface fires by infrared imagery, mapping thermal and topographic changes using shallow temperature probes, photoionization detectors and methane meters; and (2) a Fire Suppression Demonstration Project using fire retardant Class -A fire suppression foam to suppress an existing subsurface fire at the landfill. This will involve excavation of burning material 10 feet deep in about a 65 -foot square demonstration area, suppression of burning material with foam on an adjacent crushed rock suppression deck before replacement, and trial of an innovative in-situ foam extinguishment, mixing foam into infiltration trenches dug another 10-20 feet into the underlying burning material, to allow the foam to penetrate and extinguish underlying burning waste; and (3) ongoing air and temperature monitoring; and WHEREAS, WMH is willing to pay the $101,500 SEP amount, and the Department of Environmental Management has funding available for the additional minimum of $82,900 to comprise the $184,400 which EPA requires to be spent on the SEP; and WHEREAS, the County is ultimately responsible for environmentally responsible management and closure of the Closed Kailua-Kona Landfill, in compliance with EPA requirements, and this CAFO and SEP provides the County with a great EPA -approved opportunity to try an innovative fire -suppression demonstration project at this site, with most of the financing coming from WMH in lieu of a penalty paid to EPA; and WHEREAS, the Department of Environmental Management views the SEP as a cost- effective and beneficial alternative to litigating the violation issues, or installing a GCCS, and is willing to take responsibility for implementing the SEP and fulfilling SEP completion and certification terms of the CAFO, and paying any additional fines that may arise from failure to comply with said terms, all as set forth in the proposed Settlement and SEP funding Agreement ("Funding Agreement") attached as Attachment `B"; and WHEREAS, the CAFO is an agreement with the federal government which settles a claim against the County in excess of $1,500 and requires Council approval pursuant to Hawaii Revised Statutes Section 46-7, as an agreement for the County to take action, furnish, and expend funds or other assistance in undertaking the SEP, and may possibly require payment of funds of more than one fiscal year, if the County fails to timely complete and certify the SEP in compliance with the CAFO; and WHEREAS, the Funding Agreement requires Council approval for the receipt of funds from WMH pursuant to Hawaii County Charter section 13-12, and may possibly require the payment of funds from more than one fiscal year, if the County fails to timely complete and certify the SEP in compliance with the CAFO; 2