2019-04-24 Meeting Minutes (EMC)

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Chair Bennett wanted to know who has the obligation to ensure R-1 water is being used appropriately and not constituting a hazard, once DEM has it ready and contracts with a user, such as a golf course. Director Kucharski said the rules state that a provider of R-1 water cannot provide it to someone who does not have an active DOH permit to use the water. Therefore, the user of the water has the responsibility to be permitted by the state DOH; and the county has the obligation to make sure the user is permitted and the permit conditions are being met. It is his understanding that the methodology and use of the water is also the county’s responsibility. He will go back and re-read the rules to be sure and provide a copy to the commissioners for the next meeting. Commissioner Gaffney asked whether contractors for large projects such as the planned regional park will be required to use R-1 water for things like dust control. Director Kucharski said it would be up to the contract, not the contractor. However, he can see no reason why a contractor would use potable water when there is a non-potable water source available. Commissioner Gaffney said contractors will need to know a DOH permit is required so they can include it in their costs. He has observed a phenomenal number of trucks using potable water for dust control on the Queen Kaʻahumanu Highway project, and they surely would have used R-1 water if they had access to it. Brief discussions were held on: - how the cost to bring water to the R-1 standards is passed along - whether the Mauna Lani golf course uses R-1 for irrigation - how the nutrients in human waste that currently go into the sump will need to go elsewhere - how the wetlands will work - how an ultraviolet system will be used to disinfect discharge if it goes to the SAT ponds Chair Bennett expressed concerns about the relocation of the nutrients to locations that sit on near shore waters. The waters are impaired today because of nitrogen, and someone needs to be accountable to ensure that additional nitrogen does not leak into the ponds and ocean. Director Kucharski said impaired waters are a state function, not county. Chair Bennett said the state is not doing its job in this area, and the EMC can make a recommendation about this when the time comes. He is very concerned about the nutrients being moved from the sump to the coast Commissioner Gaffney mentioned that for the Kohanaiki development, discussions were held with the community over a period of years and commitments were made. Councilmember Eoff and former Councilmember Pilago headed those community discussions and may be able to access documents that suggest the county required Kohanaiki to commit to protecting the anchialine ponds. Chair Bennett said all the EMC can do now is keep their index of suspicion elevated and see if an agreement can be found.