2008-08-22 TSTANFORDCARR - Laserfiche WebLink

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on that whether it can, if you have a sewage treatment plant, can you release effluent that’s any worse than R-2? IWASHITA: Mr. Chair, can I, I’d like the applicant to address my concern. WATANABE: Sure. Mr. -. CARR: Mr. Chair, may I interject, please. By way of background we approached Hawaii American Water Corporation to see what we could do to take the excess effluent; and through the course of our conversations with Hawaii American Water Corporation this is a win- win for both entities of interest, and that I feel very confident that we’re going to be able to work the logistics out to implement the use, meaning the project being accommodating and accepting the effluent for irrigation and vice versa. This has been a proactive approach on both parties, ourselves as the developers here as well as with Hawaii American Water. WATANABE: Thank you. IWASHITA: Follow-up? WATANABE: Sure, Mr. Iwashita. IWASHITA: Thank you, Mr. Chair. I guess the way the language is written my concern is that, you know, if this marriage, if you will, right now, you know, looks good and everybody has a rosy picture about how it’s going to go forward, but if for whatever reason in the future it ends up like 50 percent of marriages and you end up wanting a divorce from each other, right, and now the way the condition is written, you know, if they tell you we don’t want to do, we’re not going to incur any more cost of filter or, etc., or do whatever you need, right, then you can come back to the Department and to the County and say, well, we’re not doing this any more cause we don’t have any control over it. All right, that’s my concern, is that the way the language is written only one of the parties, right, is within the control right now of the condition; and if that nonparty decides not to comply, you can come back and say, well, we did our best and we can’t force them to filter it, and we can’t use it. LIM: Right. We can only control the things that we can control. And in terms of enforcement, this is a condition that was specifically negotiated with both the Villages and the Mauna Lani Resort Association. So they also recognize the control issue. But I think everybody believes that both Stanford Carr with Mauna Lani Resort Association and working with Hawaii American Water, that there will be a solution that’s reached. We just can’t tie it because it is like Commissioner Woodward recognizes, it is a third party that we can’t control through this. We have through the settlement agreements a specific contractual undertaking to do this with Mauna Resort Association. WATANABE: Mr. Iwashita, I think the point I was trying to drive at is if the sewage plant continues to process sewer there are other laws that regulate the sewage plant which means what are they going to do with the effluent. If they’re not going to take it because they can’t use it they have to dump it somewhere else; and it’s still subject to the regulations, which means EXHIBIT C 19