2018-03-28 Meeting Minutes (EMC)

Home

departments are authorized to hire them. The Council should be made aware of all this money being squandered on wastewater utopia, bus utopia, and the homeless village utopia. There is something wrong with the way things are done, and it should be brought forward to the Council level so the public can see what is happening before being burdened by the unnecessary hiring of consultants. 4. UNFINISHED BUSINESS a. Continued discussion and recommendations on policy considerations for the Department of Environmental Management pursuant to the February 1, 2018, Ninth Circuit Court ruling in Hawaiʻi Wildlife Fund vs. County of Maui, No. 15-17447), regarding wastewater discharges to the sea and NPDES permitting. Chair Bennett said he took the liberty of drafting a resolution for the commissioners to review, and he read it aloud to them. He explained the NPDES is intended to regulate discharges such that they don’t degrade the quality of the receiving waters. Receiving waters are the oceans, lakes, and streams, with the emphasis in Hawaiʻi on the ocean. Large areas of our ocean water is impaired by turbidity due to the levels of nitrogen and sometimes phosphate. Commissioner Fear asked who has the authority to issue permits, and Chair Bennett said the State Department of Health does. The resolution is to try to give the County, at its discretion, the opportunity to rise above the state’s requirements and proactively implement a program like TMDLs (Total Daily Maximum Loads) rather than waiting until it is required. Commissioner Osborne suggested changing the word “may” to “shall” in the final whereas paragraph, since the word “may” did not hold weight, and Chair Bennett and the other commissioners agreed. Commissioner Osborne also suggested including both windward and leeward in the whereas paragraph about where subterranean groundwater discharges are extensive. Motion and second: Commissioner Fritz moved to accept the resolution and send it to the County Council, and Commissioner Fear seconded the motion, as amended by Ms. Osborne’s suggestions. Ms. Wong asked for clarification on the motion, and Mr. Fritz said it is to the correct the wording on the resolution to include Ms. Osborne’s suggestions and then send it to the County Council. Ms. Wong asked what the resolution’s original intent was, and Chair Bennett said that if they follow protocol, it should be forwarded to the DEM director with copies going to the Mayor and County Council. Motion amended and seconded: Commissioner Fritz amended the motion such that the resolution will be forwarded to Director Kucharski, and the Mayor and County Council will be copied on it. Commissioner Fear seconded the amended motion. Discussion: Commissioner Osborne asked Director Kucharski how the resolution sat with him and whether they were taking a proactive stance on pollution elimination. 2