2017-09-27 Environmental Management Commission Minutes

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disinfected to our best science information.” Commission Chair Fritz asked Director Kucharski “when these tests are done monthly of the discharge do they meet Department of Health Standards?” Director Kucharski answered “yes, they do.” Commissioner Bennett responded that the Department meets the DOH standards for treatment, but not for disinfection. They are two different processes. o Director Kucharski reminded the Commission that when the R-1system is complete in 2020, it will be using UV which is effective against viruses and is much better than chlorination. Looking at switching all the systems to UV. It’s more expensive but much more reliable. o Director Kucharski stated the purpose of the chlorination process is to “meet our discharge requirements you need to chlorinate and then de-chlorinate. We have a limit as to the amount of chlorine that can be in the discharge. So we chlorinate and de-chlorinate to reduce the contaminant in there.” That requirement is for all of the County systems. o Director Kucharski will provide the Commission with the discharge data. o Kealakehe does not have a disinfection requirement so the Department is exceeding those standards by chlorinating. o Commissioner Olson recalls “when the ponds were originally done…there was supposed to be an after use beyond the ponds.” Director Kucharski’s understanding was the discharge was supposed to be temporary but it’s been going on for years. The R-1 system’s goal will be to re-use all of the water. Commissioner Bennett informed the Commission that when the EPA funded this project there was a contractual requirement in that grant that all of the wastewater would be reused. At the time, the County thought the golf courses would be interested, but they weren’t. Therefore, sumps were built by the police station until the County could figure out how to reuse the water. Commissioner Bennett stated “letters to the Inspector General of the EPA were written saying how come the condition of the grant was not fulfilled. And they basically said we don’t know and we’re not interested. Case closed.” 6. EXECUTIVE SESSION  Deputy Corporation Counsel Wong reported that Commissioner Bennett asked for an executive session to discuss the memo sent to Commissioners regarding their letter addressed to Dr. Pressler of the Department of Health; however, it does not have to be done in executive session.  Corporation Counsel Kamelamela explained the Commission needs to vote if they want to go into executive session.  Commissioner Osbourne moved to go in to executive session to discuss the letter to Dr. Pressler, review rules regarding approval of minutes and discuss memos from Deputy Corporation Counsel Wong regarding the Commissions powers and duties. Commissioner Fear seconded. Commission Chair Fritz asked for a hand count vote. Commissioner Olson asked for further discussion before voting.  Corporation Counsel Kamelamela stated “this particular executive session that was requested initially by Commissioner Bennett is under HRS Section92-5(a)(4), we didn’t request it, but under that particular section, it’s to discuss what your duties and roles are as Commissioners. So it’s up to you as to whether you want to discuss it publicly or do it privately.”  Commissioner Osbourne withdrew her motion. a. Letter to Dr. Pressler of the State of Hawai‘i Department of Health regarding disposal of non-disinfected partially treated wastewater in injection wells, sumps or outfalls o Corporation Counsel Kamelamela explained that the County has a Charter, which is like the Constitution. There is also the County Code which clarifies things that are not clear. The government needs to operate on what is authorized. Otherwise it is going beyond the specified policy that’s been set. Corporation Counsel Kamelamela stated “I see nowhere 4