2019-09-25 Meeting Minutes (EMC)

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Motion and second: Vice Chair Olson moved to approve the minutes as corrected and Commissioner Pequeño seconded the motion. All commissioners voted aye. 3. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Jerome Warren: Regarding injection wells, Mayor Kim made a promise to Nāālehu ʻ homeowners in 2004 to use their gang cesspool as an injection well after septic tanks were installed. There are natural barriers between their cesspool and the ocean, and anyone who wants to test groundwater can take samples from the caves near the shoreline. The ocean is an infinite diluter, and the gang cesspool is not failing. The test done in 2009 proves the concrete ring structure is solid, and it can be used as an injection well as promised. He has seen two of Chair Bennett’s lectures. The scientific principles are sound, but their applications to this island are cost prohibitive, and the examples are from regions with totally different geology. The chair is from the academic world, but a good teacher will explain how principles will be applied in the real world, where costs need to be evaluated and pragmatic decisions made. It is the responsibility of students to apply the principles to the outside world once they leave the ivory tower of a college campus. Chair Bennett is still in his ivory tower, and the commissioners, politicians, and EPA will not help the citizens of Nāālehu with their wastewater situation, which ʻ is affecting all taxpayers. In sum, the present Nāālehu injection well is the pragmatic solution ʻ to Nāālehu’s EPA mandate. The county’s plan to pump wastewater uphill to acreageʻ next to the well is folly. Commissioner Fulton said she would like to respond to Mr. Warren’s statements, and Ms. Mellon-Lacey said the response would need to be placed on the agenda for the next meeting. 4. UNFINISHED BUSINESS There was no unfinished business. 5. NEW BUSINESS a. Clarification of the historic review process and timelines, including Section 106 of the National Historic Preservation Act, for the Kealakehe Wastewater Treatment Plant R-1 Upgrade Project. As Director Kucharski would be out until October 1, 2019, Chair Bennett said discussion on this item could not be completed today. At the previous meeting, the director had informed them there could be up to a two-year delay in getting the final EIS for the upgrade because of the Section 106 requirements. A number of people in the community took the initiative to contact Suzanne Case, the chair of the Department of Land and Natural Resources, to raise their concerns about the process. Ms. Case had the director (note: it was the Archeology Branch Chief who responded) of the State Historic Preservation Division respond, and she responded that nothing is delayed. Therefore, he would like Director