2018-02-28 Meeting Minutes (EMC)

Home

Chair Bennett referred to a handout he had provided the commissioners on what constitutes an NPDES permit, when it is required, and what the process is to obtain one. It is rather expensive, so much so that the remediation of the discharge might be cheaper than the permit process itself. He would like to see an economic cost analysis on that. Commissioner Osborne said the county has a responsibility for a portion of it, but the matter is much bigger than the EMC’s purview. The issue is huge and requires a larger discussion at the state level. She suggested Chair Bennett provide options and pathways for discussion. Chair Bennett said he has been tracking the matter since 1999, and it is now maturing. If they wait for the state to pass laws and adopt administrative rules, it will take another 20 years. He and many others are concerned that the ocean is degrading. The economic life of this island and community is inextricably connected to the quality of the ocean. When the ocean starts to turn people off because of its color or odor or other negative qualities, it will hurt us all. His view is that prevention is more cost effective, and the county and Department of Environmental Management should become proactive and not wait for the state. When the county knows that waters will be flowing downhill to the ocean, it should obtain an NPDES permit rather than wait for instruction from the state. The EPA is reluctant to force the state, and it gets kicked down the road. Millions of gallons of wastewater are pouring into the ground. There is a need to have a greater conversation, with the ultimate goal of recommending to the county that it become proactive when it is fairly obvious that an NPDES permit is required, or remediate the discharge such that a permit is not necessary. He suggested the EMC ponder this for another month before acting. Commissioner Fear asked who is to say whether or not a permit is necessary, and Chair Bennett said the law is clear that if the constituents of a wastewater discharge have the potential to degrade the quality of the receiving water, then a permit is required. Commissioner Fear said they know it is already happening, and they need to start pushing it forward and force whoever is responsible to move on it. Commissioner Osborne asked whether a blanket permit could be issued, and Chair Bennett said a permit would be needed for each discharge. Director Kucharski said there is a misconception on what happens if there is no NPDES permit. He clarified that all DEM’s facilities have discharge standards that must be met, regardless of whether or not they have NPDES permits. The only difference between what is currently required in an NPDES permit and a normal discharge permit is a recent increase in the amount of nitrogen and phosphorous that needs to be removed. Before the Kealakehe R-1 system goes to the sump for discharge, it will have to go through denitrification and some phosphorous removal. Other than that, none of the constituents of that water are essentially different from the R-1. There are standards for all their discharges, whether from injection wells or sumps. The NPDES permits have other administrative and treatment requirements, but the state could impose those on discharge permits whether they be NPDES or state discharge