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HomeMy WebLinkAboutCOM 0212.467 1996-1998 qrr--,-~; 73 Pu'uhonu Place "97 ~il~ Zv Pf? 1 22 Hilo,HI 96720 August 28, 1997 The Honorable James Arakaki, Chair CC'~i\I ; Hawaii County Council COUti ~ ~ C'= ~ I;,`vV,-~(I 25 Aupuni St. Hilo, HI 96720 Dear Councilman Arakaki: On May 20th, 1997, the Hawaii County Council passed Bi1162, now Ordinance 97-69, appropriating $2 million for a post harvest treatment facility, i.e., an irradiation facility. In response to community concerns about the safety of an irradiator operating on the Big Island, Council members added several provisions to the bill. It now appears that these amendments will not be implemented. Therefore, there will probably be no environmental impact statement, no requirement for an emergency response plan to be prepared in consultation with County Civil Defense, no prohibition against using Cesium-137, no prohibition against building on Hawaiian Home Lands, and no indemnification of the County in case of accidents or personal injury. This is because these "safeguazds," as specified in Section 3 of the bill, will only take effect if the public funds appropriated under Ordinance 97-69 are used to coristruct the irradiator. If the $2 million is used for promotion, crop development, or other purposes permitted by the bill, and if nrivate funds aze used to build the facility. none of the amendments in Section 3 will be implemented. According to a conversation with Mr. John Masefield, President and CEO of Isomedix, Inc., his company is planning on paying for the construction of the facility, thereby bypassing all the requirements that would be triggered if county funds were used. The County Council has an obligation to ensure that the citizens of Hawaii receive the same protection regardless of who provides the money to build the facility. Nor is the Council relieved of its obligation to extend that protection just because there is an ongoing referendum and initiative petition drive that might prohibit construction of the irradiator. Therefore, we request that the Hawaii County Council pass an ordinance stipulating that any and all proposed irradiation facilities in the County of Hawaii meet, but not be limited to, the requirements of Section 3, Paragraphs (C) through (I), of Ordinance 97-69 (Bill 62). To summarize briefly, these aze: • prohibition of construction on Hawaiian Home Lands or ceded lands • requirement for an environmental impact statement according to Chapter 343, H.R.S. • indemnification of the County from any liability, and the obligation of the contractor to maintain an adequate liability insurance policy in case of injury or damage ~ ~ ~ i3a~. Dia~.1~R'-'_~F--~ File 2(0.,` G RaE. To: Rei. ~ 2 g 1997 rt a • limitation of the source material to cobalt-60 or electron beam • prohibition against building the irradiator in a tsunami inundation zone • consultation with the U. S. Geological Survey-Hawaii Volcanoes Observatory • requirement of an emergency response plan prepared in consultation with the Hawaii County Civil Defense and other emergency response agencies The hazards of an irradiator remain the same, regardless of who pays for the construction. Private funds should not exempt a company from public responsibility, nor excuse the Council from its obligation to protect the citizens of Hawaii. We urge the County Council to consider and pass this proposed ordinance as soon as possible. Sincerely, Mark Cohen, M.D. Susan Gilbert, M.D. Co-Chairs, Concerned Physicians of Hawaii