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GRAHAM:Thank you.
<br />GALDONES:Commissioners, any further questions of the Applicants?
<br />TYLER:Mr. Chair, may I just clarify this, you went off, item tha
<br />referring to, just for the record?
<br />GALDONES:Yes, Mr. Tyler.
<br />TYLER:Very briefly. As you know, Mr. Chairman, members of the
<br />Commission, IÓve come -. Curtis Tyler, here again, sir. IÓve come before you speaking
<br />about the Findings of Facts, Conclusions of Law, Decision and Order, which is in excess
<br />of a 100-page document. I have before me today, as I have, I ca
<br />Decision and Order in this case. And Commissioner Springer was asking some questions
<br />and I would refer you to page 107, paragraph, the section titled, ÐStorm and Surface
<br />Water Runoff.Ñ It begins with paragraph No. 2-A and continues through paragraph No.
<br />2-H; and then thereÓs another section and thatÓs on page 110. ThereÓs another one called
<br />ÐPollution Prevention.Ñ Indeed, this Decision and Order applies to an industrial area,
<br />quite removed from the shoreline. However, Director Yuen talked about oil. ItÓs not oil
<br />thatÓs the concern so much as it is the phosphates and the nitrogen dissolved in the water
<br />that creates significant problems for traditional and customary gathering, because of the
<br />damage to the eco-system.
<br />So I would suggest that if you donÓt do anything else, that you put some language to the,
<br />somewhat like this, and IÓm reading from No. 2-B, from a Decision and Order. ÐPrior to
<br />the occupancy of any part of the petitionary, the petitionary shall engineer, construct or
<br />acquire to be constructed and maintain surface water/storm water
<br />that ensure no State water quality standards will be violated.Ñ And 2-C, ÐNo injection
<br />wells shall be constructed as an element of a surface water/storm water containment
<br />system in the petitionary, unless prior to the start of any construction appropriate
<br />requirements of HAR, Hawaii Administrative Rules, Chapter 11-23, are satisfied and the
<br />Hawaii State Department of Health issues a UICÑ (thatÓs an Underground Injection
<br />Control) ÐPermit. Contaminants shall be monitored and removed with the best efforts
<br />prior to entering the injection wells.Ñ No. 2-D says, ÐIf a large void, such as a lava tube
<br />or solution cavity is encountered during drawing where the drill rod drops more than
<br />three feet, measures shall be taken to prevent migration of the injected fluids,Ñ in this
<br />case, the Koloko-Honokohau National Park, in this case, the shoreline, Ðto the
<br />satisfaction of the Hawaii State Department of Health.Ñ As Mr. Emler pointed out,
<br />indeed, theyÓre the enforcing body. And then thereÓs a 2-E further on and F regarding
<br />injection wells; I wonÓt, you can look those up yourself.
<br />The reason IÓm continually bringing this before you with respect to projects near the
<br />shoreline is because the County of HawaiÒi does not have any rules and regulations with
<br />respect to, and policies with respect to non-point source pollution. They have only and
<br />former Director, Mr. Lee, so indicated to the Council when he was queried by me during
<br />an open session. I spoke of this to Mr. McClure at his confirmation hearing, Director
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