2018-02-28 Meeting Minutes (EMC)

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requirements. Essentially, you have to go through the same requirements if you do not have an NPDES permit. Chair Bennett said that was a good clarification, but they are talking about taking it the next step, which is the removal of the nitrogen and phosphorous which degrade the quality of the water. Both are nutrients, which farmers like himself use. The best thing would be to figure out how to put those nutrients to better use and keep them from the water. Vice Chair Olson said the matter was litigated, and he assumes there are environmental organizations which will litigate it further if the state or county does not act to correct the violations. The litigation resulted in a big pay day for the law firm handling it. The law has been settled, and the state and county will be compelled to act as well as pick up the tab for the litigation and the needed repairs. Commissioner Osborne asked if the ruling was specific to Maui, and Chair Bennett explained it applies to anybody living in the entire Ninth Circuit of the United States. An injection well is nothing elaborate, just a hole deeper than it is wide. Chair Bennett asked Director Kucharski whether it was his view that an NPDES permit would not be necessary if the County removes the nitrogen and phosphorous in the wastewater. Director Kucharski said an NPDES permit will always be necessary if there is a discharge to U.S. waters. However, there are alternative disposal methods, such as surface disposal using vegetative uptake, or a diffuse discharge into a soil-aquifer treatment, or SAT. There are some areas where only a discharge permit is issued, such as Kealakehe. It has only a discharge permit because it is not a physical injection well. In Kaloko, however, they have a treatment system for a housing unit, and it has a direct injection well. Honokaʻa also has a direct injection well. The biggest problem is in removing the nitrates, which is physically and chemically very difficult to do. In Kealakehe, they are putting constructed wetlands to denitrify, but on the rainy side of the island it would not work well because of the saturation and overflow due to large rainfall events. The county is facing fiscal constraints and examining ways to make things work. DEM anticipates they will be addressing their injection wells because of the Maui decision. However, advanced treatment will double costs, and the budget is being cut. DEM does not have an answer, and these are very difficult technical issues. Chair Bennett said the point is to try to get ahead of the ball instead of behind it. He asked about whether anaerobic fluidized beds would be viable; and Director Kucharski explained they would not be able to get down to the required nitrogen levels, and there is a current contested hearing coming up on this. Commissioner Fritz asked why DEM’s costs would double, and Director Kucharski said it would cost a significant amount of money to upgrade the treatment systems. The Kealakehe R-1 system cost $54 million. DEM is using effective low-tech systems now because the climate is perfect for them. If they need to go through NPDES permitting, it will cost significantly more because it will require people, equipment, and capital.