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<br />but administrative rule changes. However, the code regarding private laterals could be done as <br />an individual piece. Commissioner Fulton said it would be worthwhile to prioritize it. <br /> <br />• He does not have an update on a tracer/dye study, but it will be a tracer <br />study, as dye is more visual than a tracer in his opinion. They have checked <br />on prices, and it will cost hundreds of thousands of dollars, so a budget will be <br />needed. No progress has been made other than checking with available <br />contractors who have done it before. He said Dr. Bennett may want to <br />provide his testimony at this point. <br /> <br /> Rick Bennett: The standard for this type of investigation has been created by what was <br />done in Maui County by the University of Hawaiʻi. And I take a little pause in requiring that this <br />test be visual to the human eye. The assessment of these tracers in Maui was done with <br />spectrophotometry, because at these lower concentrations it’s not detectable to the human eye. <br />I’m reminded of a tracer study that was done by DOH in the early 2000s, when they poured <br />some dye in there and sent staff out to the coast, and they were looking for dye. They <br />concluded they didn’t see any, and from that they concluded there was no connection. This is <br />not science. We have the scientific methodology to put tracers into the groundwater and <br />measure their flow and dilution scientifically. So my request is twofold. Number one, there are <br />about a dozen peer reviewed scientific reports that talk about this hydrologic connection <br />between the wastewater disposal and the ocean. I would encourage the County of Hawaiʻi to <br />independently review those reports. I have collected them over the last 20 years, starting in <br />2006 with a study that was done by the USGS. I’m very happy to provide the full PDFs of those <br />reports to the county so they don’t have to take the many, many hours and scouring the search <br />engines to pull them down and download them. I’ve written up a review of some of the major <br />findings. I’d be happy to provide that review. And on the basis of that review, then a <br />scientifically designed study could be done to determine how best to use a dye tracer to <br />establish or to refute the hydrologic connection between the sump and the ocean. My third <br />request is that the protocol for that study be made public and put out for review, at least to the <br />commission, so that we can comment on its appropriateness. In addition, you’ve got experts in <br />our state—Bob Whittier with the Department of Health and Dr. Craig Glenn at UH-Mānoa—who <br />have done these types of studies and could provide guidance. Done right, it will be expensive. <br />And I am concerned that if done on the cheap, the experimental design will pretty much suggest <br />the result. And that’s not science. So whatever is done will be scrutinized, so I encourage the <br />county to do it right. That’s my comment. <br /> <br /> Dr. Kucharski said he has no disagreement with anything Dr. Bennett said, and he fully <br />agrees and concurs with his comments. <br /> <br /> Commissioner Gaffney said a standard has been set from a legal perspective on the kind <br />of study Maui County used, such that the U.S. Supreme Court ruled on nearshore pollution <br />caused by Maui’s injection wells. If the standards of the studies that Hawaiʻi County uses are <br />anything less, they will not pass scrutiny. Director Kucharski said he agreed. <br /> <br />13 <br /> <br />