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RHO:Cause in this report, in thatlast paragraph in the first sentence, it <br />says our primary conclusion in the West Hawaii Coastal Monitoring Task Force Guidelines, <br />which were sound and appropriate for the time, have not been adequately implemented and <br />development monitoring projects have not been scientifically evaluated. So it may be the <br />guidelines thats a problem, but I also think its part of this enforcement. I think the testifier € I <br />cant remember his name € basically says there was no enforcement power. Im not asking you <br />to give me necessarily an answer; I just wanted to know whether or not you had any clarifying <br />statements that could help me understand this. <br />W. YUEN:Well, I think the € and Ill defer to Lisa if she wants to add <br />anything € I think first of all with respect to water quality, that is the kuleana of the State <br />Department of Health as opposed to -. I mean the County Planning Department does not have <br />enforcement powers with respect to the ocean. But the Department of Health does establish <br />standards,andtheDepartmentofHealthdoeshaveenforcementpowers,sothattheDepartment <br />of Health could act in the event it felt that the standards were being exceeded to a degree that <br />caused a potential danger to the public health or safety. <br />GRAHAM:Thank you, Mr. Yuen. Do we have other question from <br />Commissioners? Commissioner Domingo? <br />DOMINGO:Id just like to carry this further than that. Should the Corps of <br />Engineers or the Department of Health find some inadequacies or obtain some negative results <br />from the testing, they would then notify the County Planning Department in that regard? Can <br />somebody answer? <br />GRAHAM:Mr. Yuen? <br />C. YUEN:Yes, and I was going to -. Let me give a broader outline of what <br />the possible enforcement mechanisms are. If there is harm to the environment from one of these <br />SMA permits, there is a condition of the permit that would allow the Planning Department to <br />make the permittee modify their activities, okay? If there was not a condition in the -. If we <br />absolutely didnt have any way to do it, we can also bring a request to modify the permit itself to <br />the Commission, if there was something going on that had not been covered. But in general if <br />you find that there is some harm happening, there is a condition of the permit that allows you to <br />get them to change whats going on. <br />There is not a specific € as weve discussed here € there is not a specific water quality standard, <br />like numerical standard of nutrients for the anchialine ponds. There is a reason for that, and <br />thats that anchialine ponds have a lot of natural variability. Theres some that are naturally very <br />clean that are, say, in open lava; some that have had a lot of leaves drop on them that are mucky <br />and muddy, and there is just a lot of natural variation to the ponds. They are going to have <br />trouble -. You could come up with a standard for a clean pond, but I think you would have <br />trouble across the board. So there is no -. And the reason why having a standard is different is <br />that the Department of Health, if they have a standard thats violated, then they can point to a <br />number and say youve gone over the number. And they can do that in the open ocean; they <br />cant do that in the anchialine pond. So there is enforcement ability on the Planning Department. <br />9EXHIBIT B <br /> <br />