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Home My WebLink AboutCOM 0154.001 2022-2024 E-LEL dill N Comments on Bill 34: Hilo Wastewater Treatment Plant upgrade for Finance Committee, 1 PM Tuesday, March 21, 2023, Kona chambers From Cory Harden,Sierra Club, Hawai'i Island Group Aloha Councilmembers, We applaud the efforts of the Department of Environmental Management to address pollution causey our deteriorated wastewater plants. However, please require an Environmental Assessment before approving this bill. c®r Please see below,and the attached letters from Sierra Club and Cory Harden. Mahalo. NRS 343-5 (a) Except as otherwise provided,an environmental assessment shall be required for actions that: (1) Propose the use of state or county lands or the use of state or county funds,other than funds to be used for feasibility or planning studies for possible future programs or projects that the agency has not approved,adopted, or funded,or funds to be used for the acquisition of unimproved real property; provided that the agency shall consider environmental factors and available alternatives in its feasibility or planning studies; provided further that an environmental assessment for proposed uses under section 205-2(d)(11) [agricultural tourism] or 205-4.5(a)(13) [agricultural tourism] shall only be required pursuant to section 205-5(b)...[land uses in agricultural districts] (b) Whenever an agency proposes an action in subsection (a) [which specifies, other than feasibility or planning studies for possible future programs or projects that the agency has not approved, adopted,or funded, or other than the use of state or county funds for the acquisition of unimproved real property that is not a specific type of action declared exempt under section 343-6,the agency shall prepare an environmental assessment for the action at the earliest practicable time to determine whether an environmental impact statement shall be required; provided that if the agency determines,through its judgment and experience,that an environmental impact statement is likely to be required,the agency may choose not to prepare an environmental assessment and instead shall prepare an environmental impact statement that begins with the preparation of an environmental impact statement preparation notice as provided by rules. [underlines added] Comm. Ref.To: Ref. ate . - 2 SIERRA- CLUB AI'I ISLAND GROUP t f r February 27, 2023 I County of Hawaii Environmental Management Commission 345 Kekuanao`a St.. Suite 41 Hilo, Hawaii 96720 Re: February 28,2022 Meeting Agenda Item VII.4.3. Aloha Madame Chair and Members of the Environmental Management Commission, After seeing the February Office of Environmental Quality Control's February 2023 Bulletin, the Sierra Club Hawai'i Island Group became aware tlae Hilo Wastewater Treatment Plant is on the exemption list as shown below: AA ii files.hawaii,gov I In addition,the"23-01-17 Director's Report and Appendix"states: 3. Hilo WWTP upgrades The engineering contractor has conducted a two-day design workshop in Hilo on January 1 I and 12. Phase 1 of the project remains on track for bids to be advertised in February 2023, with bid opening anticipated in April 2023. The Phase I construction contract is anticipated to be awarded in June 2023. Design of Phase 2 has begun. See also Appendix." A large and substantial project that involves tens of millions of dollars, such as the Hilo WWTP, does not meet the guidelines for exemption from an environmental assessment and does not qualify for the exemption list. Exemption lists are limited to things like replacing pumps or broken equipment and are not intended for large rehabilitation projects. Additionally, the project listed as being exempted only represents the first phase and that the Department of Environmental Management is planning and preparing bid documents for another phase. Sierra Club urges the EMC to require compliance with state environmental lay. Without an environmental assessment. the impact of the scope of the work cannot be properly considered beyond the price tag. Does it include much needed sewer line rehabilitation work to address some 400,000 gallons per day of infiltration that includes saltwater that harms the biological treatment process? Will it include new service lines in Hilo to connect homes on cesspools? What measures will be put in place during construction to prevent bypasses?What is the expected capacity? The purpose of our state environment laws is that projects must fully disclose what is being done and what alternatives were considered. as well as the impacts of the action and the how these are being addressed. For many years, the Sierra Club HIG has been in very strong support of efforts to restore compliance and end ongoing violations of the Clean Water Act. However, it does not support the dangerous precedent of improperly listing a project as being exempt when the project does nd't conform to the exemption guidelines and is, therefore, in violation of state environmental laws. Mahalo, .r.. Charles Flaherty Chair Comments on Agenda Item VII Director's Informational Report, #4 Wastewater,#3 Hilo WWTP For Hawai'i County Environmental Management Commission 9 AM Tuesday, February 28, 2023, Puna Conference Room, Hawai'i County Building From Cory Harden Thank you for your volunteer service. I urge that you take action to ensure that an Environmental Assessment(EA) is done for two Department of Environmental Management (DEM) projects.The first is the Hilo Wastewater Treatment Plant (HWWTP) Rehabilitation and Replacement project.The second is sewer system rehabilitation and line extensions to collection pipes. I applaud the efforts of the DEM on these two projects,which are a major step towards addressing the deterioration of the HWWTP and four other County plants that have improperly discharged millions of gallons of polluted water for years.As you know,the situation is so serious that senior staff from the Environmental Protection Agency came to Hawai'I Island to meet with County officials. However,when DEM lists the HWWTP project as exempt from HAR 11.200.1— 15(c),this does not seem to be justified. [1] The DEM exemption notice cites exemption Class 2 #7. But this does not apply.The existing HWWTP has NPDES permit#0021377 from Department of Health [2] and presumably the new plant would require a similar permit. Exemption Class 2 Replacement or reconstruction of existing structure and facilities where the new structure will be located generally on the same site and will have substantially the same purpose,capacity, density, height, and dimensions as the structure replaced. #7 Essential utilities, including but not limited to: wastewater systems, drainage systems, water systems, electrical systems, communication systems, SCADA systems [3], and fuel systems, except where a State Department of Health permit is required. [4] [underline added] The DEM exemption notice also cites exemption Class 3 #30, but this only covers fencing, curbing,walls, and gates. Exemption Class 3 Construction and location of single, new,small facilities or structures and the alteration and modification of the same and installation of new, small,equipment and facilities and the alteration and modification of same, including but not limited to... 30. Fencing, curbing,walls, and gates.[5] The DEM exemption list also requires a "program to encourage public input", but I am not aware of any such program.The project has been discussed at the Environmental Management Commission, but these meetings occur on workdays and are not well advertised. The following types of projects will not be exempt... 4. Major projects without a program to encourage public input into the design or siting of the project. [6] [underline added] I Note that any EA must consider the two projects together,to avoid illegal segmentation. Hawai'i Administrative Rules 11-200.1— 10 states: Multiple or phased actions. A group of actions shall be treated as a single action when: (1)the component actions are phases or increments of a larger total program... The Hawai'i Supreme Court ruled that "a project may be improperly segmented from other projects even if it has some independent utility" in Kia'i Wai o Wai'ale'ale vs. the Kaua'I Water Department. [7] i The first project,the HWWTP Rehabilitation and Replacement, will cost$100 million. DEM has already chosen a consultant,written a contract, and prepared a design plan. DEM has also started the design process for the second project,the sewer system rehabilitation and line extensions to collection pipes. [8] All this has been done without an EA to do a thorough analysis of problems, explore alternative solutions, and reveal impacts.The outcome may be millions of dollars of taxpayer money spent for projects that turn out to be seriously flawed, and the County left vulnerable to legal action. Mahalo for your attention to these concerns. Notes [1] exemption notice: https://files.hawaii.gov/dbedt/erp/List_Ex_Notice/2023-02-08-COH-DEM-List-of- Exemptions-Jan-2023.pdf [2] https://drive.google.com/drive/folders/IRRmtMdysSNjcoOA8kdOnuYMSvHjlCsCG [3] A generic name for a computerized system that is capable of gathering and processing data and applying operational controls over long distances.Typical uses include power transmission and distribution and pipeline systems.SCADA was designed for the unique communication challenges (e.g., delays, data integrity) posed by the various media that must be used, such as phone lines, microwave, and satellite. Usually shared rather than dedicated. https:/fcsrc.hist.govjglossary/termjSupervisory—Control and Data Acquisition [4] DEM exemption list, https://files.hawaii.gov/dbedt/erp/Agency_Exemption_Lists/Hawaii-Department- of-Environmental-Manage ment-Exemption-List-2019-01-08.pdf [51Ibid. [6] Ibid. [7] 517 P.3d 725 (2022) KIA'I WAI o Wai'ale`ale, an unincorporated community association, PlaintiffAppellant, v. DEPARTMENT OF WATER, County of Kauai, applicant and accepting agency of the subject environmental assessment, Defendant-Appellee SCAP-20-0000487 September 23, 2022 [8] draft minutes of Environmental Management Commission,January 17, 2023, PDF p. 18, https://records.hawaiicounty.gov/webIink/1/edoc/121743/23-01-17°/o20EMC%20minutes%20draft.pdf PRS 343-5 states: ?34—i 7 r'iP( h,-ahiE t'',1 and ''auirerne lts. Ea E,✓_._pt as ;`7t:ha'rwise, .r�vAej an ednci`rnp_nitr-! a ssessrient SCM! be rerUI"evfor aCi_lor5 that., .. (9) Prolecae any: i"A1 V' ;stevlats r _re atrc'iert iii^„t, emept an individual wpstel,vater system or,a wastewater Ater tredt.l"i Iert unit ser i ig fewer than of,,y single-fair by dwellings or the equivalent. t t_xerrip ion Class 3 Cori str uchont 3l Er" location of single, rew, small Mines or strlJcttires alld the alteration and modification of the Same and installatbrl of nt?v",,t, small, egUipment and facilltles and the all:ration and modification ion of #10 r athadir [21 protection of pi "flies -roil equiorrient, [2i� CaTC3,Jdc=: 3 the, electE ade cif ori electrochemical c.el' at t,hjhicl1 reduction {..}ist;urs. a the egatE e terminal of an, electrolytic cell h: the positive terminal of a galvanic call :th .lee ron-E mittlrlb, electrode of an electron tube C?r oaCil rr . t e negative =lec`rode of a diode t ri', ,/,,,Jwo ;iei-riunn-x/e bs ter.corld,f tionor1•f ritf7F_de NOTICE OF PROPOSED WATER POLLUTION CONTROL PERMIT FOR THE HILO WASTEWATER TREATMENT PLANT HILO, ISLAND OF HAWAII NPDES PERNAT NO. 110021377 DOCKET NO, HI 0021377 February 7, 2020 The State Department of Health (DOH)tentatively proposes to issue a renewal National Pollutant Discharge Elimination System (NPDES) permit to discharge secondary-treated wastewater from the Hilo Wastewater Treatment Plant,