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HomeMy WebLinkAboutCOM 0422.001 2002-2004 ~ l .;,f J~ZV OF Nq~ T ~ , Harry Kim ~ nBlalr~bara Bell 1 A Mayor ~ C St U ~c~o~` '~,,itY H , d'A.af ~P~ f OF~N O` DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 208 • Hilo, Hawaii 96720-4252 (808) 961-8083 • Fax (808) 961-8086 December 2, 2003 THE HONORABLE CURTIS TYLER MEMBER, HAWAII COUNTY COUNCIL 25 AUPUNI STREET HILO, HI 96720 SUBJECT: BILL 188: AN ORDINANCE TO AMEND ORDINANCE NO. 03-91, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2004 (by appropriating $312,215 to the Landfills OCE account) Dear Mr. Tyler, I am attaching a copy of the State of Hawaii, Department of Health, South Hilo Sanitary Landfill Consent Agreement per your request at the December 2, 2003 Committee on Finance meeting. If I can be of any further assistance, please don't hesitate to contact me. Barbara Bell DIRECTOR attachment Rif. T~• ~re~~tmad ~ ' ~ def. ~~~e ~1F~ ~ sic ~ HRZRP.DOU5 WRSTE ID:586?509 P1RK 0?'0'. 10:40 No .005 P.Ot • ugr;waLE ckraa ~ gnma, ro. oawnwoF wwy l ! wcc~wa,ui,H ~.~.i''r STATE OF HAWAII DEPARTMENT Of HEALTH ENVIRONMENTAL MANAGEMENT DIVISION ""M'•~~+~^~o SOLID AND RALVi0005 W0.STE BRANCH nuauudv+~e~w.. n, z ~aNOtuu. ruw~x oenu Telephone No. (808) 586-4226 Facaimlle No. {608) 566-7509 FACSIMILE REQUEST AND COVER SHEET {Uss Black or Blue Ink pniy) DATE: s/)/os ~ No. of pages (incl. cover sheet) lD TO; Barbarn Bell Office/Phone/MaU Stop: (sos) 561-8086 Steven Chung OfficefPhone/Ntatl Stop: SUBJECTRviESSAGE: South Hiio Sanitary Landfill Canaeni Agrccnent SIGNATURE OF SENDER: NOTE: If this transmittal was Incomplete or ilteglble, please call tha sender's office. Rev. 17/95 , / , :-1RZRRDOUS WRS7E `U:586~509 MRR ~J 10:40 !+~.OOS P.02 • a "s~~ ~ ~t~...\ LWOL L41GLE 7~ CHIEONF L FUKMO, M.O. xr.Fnror w "waE nrac,on0: ~xle~ ~w~ a* STATE OF HAWAII DEPARTMENT OF HEALTH nare'.wwwxn' PA.6Jr 5578 EYry9pNe MDNOU1WrkAWAN Bfi80t337a March 5, 20D3 502t7A8 CERTIFIED MAIL N0. 7002 0460 0001 3938 9545 RETURN RECEIPT REQUESTED Ms. Barbara Bell, Director Department of Environmental Management County of Hawaii 25 Aupuni Sireat, Room 206 Hilo, Hawaii 96720 Fqe: South Hilo Sanitary Landfill) Dear Ms. Belt: SUBJECT: South HOo Sanitary Landfill Consent Agreement Enclosed is an executed copy of the South Hilo Sanitary Landfill Consent Agreement. As stated in Part V, Penalty, item numbers 14 and 15, the penalty fine in the amount of S43,Ot37.50 shall be due and owing within 90 days, and a detailed Supplemental Env&onmental Pfoject (SEP) proposal shall be submtted within six months of the signing of the agreement. To address the storm water management violation, the department is prepared to assist the county in clarifying the solid waste and the federal rules regarding this issue. The department is proposing to conduct a workshop at your site in July 2003, which will include a walk-through at the landfill and a classroom session. We hope that this workshop will clarrfy any misinterpretation of any appticaWe rules regarding the storm water management system. From your list of possible SEPs in your correspondence dated January 27, 2003, "EducaUorYuaining tot transfer station guards tpRvate contractor)" and "Public Education on Illegal Dumping` are the two projects that we would consider approving. In addition, we recommend that you consider expanding your recycling programs at the convenience canters to increase waste diversion. Examples include (1) the inclusion of recycling bins at additional convenience centers, (2) recyclable materials (i.e. electronics) coilectlon events, and (3) backyard green waste composting workshops. These SEP ideas cannot be fully approved unto a detailed proposal is submitted. riRZRF.,UOI!~ WF3STE '`&6?509 MfiP.. G?' 10:4'- Nc~.0p5 P.03 Ms. Barbara Bell March 5, 2003 Page 2 The proposal shall include, but not limited to the following: • deiai;ed descript'ron of the project • implementation schedule • estimate of expenses • copy of printed material that wilt distributed to the public All projects shall be reviewed and approved by the department prior to commencement. The department also requires the county to state In alt printed material or presentation that the project is being undertaken as part of the seiNement of an enforcement action with the Department of Health. The county shall submit a report within thirty days upon the completion of the project(s). The report shall indude the follovring: • project performed • start and end date • record and or receipts of expenses • project evaluation • copies of distriputed material • sign-in sheet or Iisf of personnel participated in the project. As stated in the agreement, N the county chooses to provide in-kind support to carry out the SEP, this support shall not be conducted with staff resources that are otherwise providing normal sorvices for the solid waste management within the county. Also, the project shall not indude any actbns that will merely correct the violation and bring noncompliant issues back into compliance with legal requiramenls. Please address ail correspondence to Steven Y.K. Chang, P.E., Chlet, Sdid and Hazardous Waste Branch, Environmental Management Division, Hawaii State Department of Health, 919 Ala Moans Boulevard, Room 212, Honolulu, Hawaii 9B8t4. Should you have any questions, please call Lene Ichinotsubo or Apollo Benito of the Solid and Hazardous Waste Branch at (808) 566.4226. Sincerely, STEVEN K AN _ E7= Solid and Hazardous ast ra h Enclosures: Consent Agreement c: Mayor Harry Kim, County of Hawaii Kathleen Ho, Doputy Attorney General IiRZRP.000S WRSTE Dc5'~&?509 t1RP ( ?3 10~A1 h1o.GU5 P.04 CONSENT AGREEMENT BETl4'EEN THE HAWAII STATE DEPARTMENT OF HEALTH ANb THE COUNTY OF HAWAII, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, SOLID WASTE DIVISION Thia is a Consent Agreement (Agreement) between the Department of Health, Stote of Hawall (DOH} and tfie County of Hawaii, Department of Environmental Management. Solid Waste Division (County}, to ensure the Implementation of corrective action regarding current and prior oporatlonal issues for the South-Hilo Sanitary Landfiit, and to quantify the county's responsibility relating to tho payment of penalties and the implementation of supplemental environmental actNities. L P Tl BOUNp This Agreement shall apply to and be binding upon the State and the County, its agents, successors, assigned officers, directors, and principals. The county is responsible for carrying out all acticns required by this Agreement. The signatories to this Agreement certity that they are authorized to execute and legally birxf the parties they represent to this Agreement. 'the county shall give notice of this Agreement to any successors in interest before transfer of ownership and to any contractor performing activities contemplated by this Agreement and shall submit a copy of each such notice to the DOH. No change in ownership or status of South Hilo Sanitary Landfill shah aRer the countys responsibilities under this Agreement vrithout written consent by the DOH. il, TI Ut~TEb FACTS AND FINDING It fs agreed that: 1. Section 17.58.1-01, Hawraii Administrative Rule (HAR), provides: The purpose of this chapter is to establish minimum standards govemirtg the design, construction, instaltalion, operation, and maintenance of solid waste d~sposaf, recycling, reclamation, and transfer systems. Such standards are intended to; (7) Prevent pollution of the drinking water supply or waters al the state; (2) Prevent air polution; (3) Prevent the spread of disease and tfie creation of nuisances; (4) Protect the public health and salety,• (5) Conserve natural resources; and (6) Preserve artd enhance the beauty and quality of the env,~onment. 2. On April 26, 2t~1, staff from DOH's Office of Solid Waste Management,(OSWM) contluMed a compliance inspection at the South Hilo Sanitary Landfill. The observations made by OSWM staff are fisted in an inspection report dated June 8, 2001. (Exhibit 7). 3. Based on the observations matle during the inspection, OSWM idontified several operational tlefirioncies. We found that the facility had been noncompliant in several major operational areas: CulserA Aprc-rmvnl •1- --~aaf;soa tfRP n.' to~a~ Il~.o~s P.os HHLHKllOUS' WR`:;TE a. Failure to provido storm water management control (run-oNrun-off control system). This is a violation of HAR 11-56.1-15(g). As stated in EPA's technical guidance manual, storm water that contacts waste, including areas that have received daily cover and have contacted waste materials, becomes Yeachaie anri must be managed as leachate. Run-off control systems should be designed to collect aril control this run-off from the lantltill. Our inspection revealed heavy flagging and exposed waste, and surface water wthin the waste footprint of the landfill. The evidence of ponding within the landfill, where heavy flayging and exposed waste were observed, suggested that leachate was generated. However, surface water run-oft controls for the collection and management of this leachate were not observed. The purpose of a run-on contrd system is to collect and redirect surface waters to minimize the amount of surface water from coming onto the landfill and minimize leachate generatbn. Ponding was found at the base of the landfill (within the landfill footprint) without intercepting ditches, swages, berms, or other ways to redirect the water to storm water control structures. b. Lack of dailylintermediaterover. This is a violation of HAR 11-58.1-15(b) arKi Permit Condition Part II, Special Conditions 6. Inspection revealed heavy flagging and exposed waste in the inactive areas. c. Failure to control wirxl-blown litter through inadequate Cover of the workfare, either daily or more frequently as needed. This is a violation of HAR 11-58.1-1b(b}(1). Lhter was found outside the IandfGl boundary, There was no litter control near and/or around the workfare. d. lack of hazardous waste screening at the workfare and/or at the scale house. This is a Notation of HAR t 1-56.1-t5(a), Permit Condition Part 11, Special Condition 11(C}(2). and the facility's Operations Manual. Inspection revealed unmanned dumping et the workfare. 4. On August 7, 2001, a warning letter was sent to Mr. Laurence Capellas, Chlet of the Solid Waste Division, Department of Environmental Management, County of Hawaii, specifying the violations and requesting a written response within thirty (30) calendar days from the receipt of the letter. 5. On September 17, 2001, the county responded to DOH's warning letter dated August 7, 2001. The letter included the county's response to eaoh violation stated in the DOH warning letter. 6. On October 25, 2001, DON responded to the county's letter of September 6, 2001, addressing stormwater management. Additionally, the letter asked whether the county wanted to address the violations through a consent agreement or a notice o1 violation. 7. On November 15, 2001, the county responded to pOH's letter dated Ortobor 25, 2001. in the fetter the county requested a meeting to discuss the aneged violation regarding stormwater run-off and run-on at the South Hilo [.andiiil. Consent Aprcariard •ri HRZRRDOUS k~RSTE r~53;7509 t1RP, C t0:d3 tdo.G05 P.Ou 8. On January 28, 2002, a meeting was held between C~H and Hawaii County. The county agreed to enter into a negotiated consent agreement to address the violations. 9. A fouow-up inspection was conducted on February 13, 2002. The inspection revealed multiple days worth of workfaces wtth heavy flagging and exposed waste (no cover). (Exhibit 2), 10. On March 25, 2002, a cortitied yarning letter eras sent to Mr. Galen Kuba, Acting Director for the Department of Environmental Management, County of Hawaii. The warning letter stated that violatlon of the lade of dailyfintermediate Dover which was a violation of HAR 11-58.1-15(b) and Permit Condition Part II, Special Conditions s; and that the violation was a repeat violation and wifl be added to violations cited in our Apri12001 inspect"bn. III. CQ$)?EC71VE ACTIONS The county shall provide corrective actions for the following: a. Storm water management requirements (run-oNrunoff control system}; b. Cover material requirements; a Control of wind-blown litter; and d. Hazardous waste screening requrements, In rider to assist the county in acli~eving compliance, the following documents described to paragraphs 11 through 15 shall be provided within sixty (60) calendar days of the signing of this Agreement. The documents shall become part of the South Hilo Sanitary Landfill Operations Manual after review and acceptance by the DOH. At which lime, the accepted procedures shall be fully Implemented immediately. 11. Provide DOH with the following information based on daily and intermediate cover planning: a. All workshoels of past and future waste tonnage estimates and dailyr" intermediate cover needs with the planning time scale the county office used from t 998 to this fiscal year (2001.2002). b. Alt planning documents for total waste in place, remaining waste capacity, and the rate of consumption at the South Hllo Sanitary Landfill Irom 1998 to the estimated closure date. Provide the information in tabular and graphical format. 12. Provide pOH with ail operations documents and a description or drawing of ho~a• the county operates its workface. The document, at a minimum, shall include items such as how the receipt of waste is coi;trollod at the workface, the placement of waste into the workface, cell size determination for daily incoming waste, commercial!residontiat waste management, and posftioning of daily!intermediate cover material. r.016Pp1 Agrayn~nl -q !iRZRP.pUUS IJR~TE T"'~3b?509 MRR 0?'-' 10:43 No.00`_P.0? 13. Litter control. Define the methotls and equipment that will be used to control litter. Explain how the county will determine the need for and effectiveness of control actions. Explain what information will be included in the facility s records antl horf it will be used to evaluate the effectiveness of litter cantrof methods In meeting regulatory requirements. 14. Hazardous waste screening program. How the program is implemented and the validation of the program. Provide recordkeeping of random load checks. List of identified targetod scurces of potential hazardous waste generators. Provide training records and outline content of the training. 15. Sequencing plan. Develop and submit to DOH a cell sequencing plan. Among the items that the plan should include are traffic flows to the active workface, cover material usage, call sequencing, stormwater management, potential leachate generation, and visuaUlitter impacts. Explain what intormatien will be Included in the facility's records and how k will be used to evaluate the effectiveness of cell sequencing plan In meeting regulatory requirements. IV. STIPULATED PENALTIES 16. Failure by the South HAo Sanitary Landfill to achieve fuN compliance as required by section III unless excused pursuant to section VII ftarein (Delay or Impediments to Compliance), shall cbtigate iho county to pay a stipulated penalty of $2,000.00 per day for each day that such failure continues. 12. The county shall pay stipulated penalties withrcr seven (7) days of demand as set forth in section VI (Form of Payment). 13. The provisions of this section shall not be construed to limit any other romedies including, but not limited to, institution of proceedings for civil or criminal liability avalable to 1ha complainant for violations of this Agreement, or any other provision of law, V. PENALTY 14. The penalty for the violations described in section il, Stiputaled Facts and Findings, shall result in a penalty in tho sum of $57,450.00. However, part of this penalty may . be reduced at the Director's discretion by accepting, In lieu, supplemental environmental projects (SEP) as outlined in Paragraph 15, and a fine of $43,G87.50 which shall be due and owing within 90 days of the signing of this Agreement. 15. The county shaA provide donations of furtding andJor In-kind support to nonprofit organizations approved by the Office of Solid Waste Management equivalent to $14,362.50 to carry out one or more of the following projects: a. Special Waste Management. Expansion of your existing special waste program to address waste management beyond the hazardous waste soreening requirements to include wastes that require special rnanagemem or harxlling due to its physical and chemical nature. The process of screening COnsoM Aprecmenl .y. 14Rk ~ n~ 1044 1ao.b05 P.t)8 HRZRP.DDUS I~IP.STE Tr}~SF>57599 shall include pre-manifestation as neer:ed for certain categories, and procedures for managing discovered special waste. The county shall klentify the special waste categories. The county shall identify the person(s) at the County solid waste division who will be knowledgeable of special waste, its management, and be responsible for plan implementation. Explain haw technical know{edge will be provided to the designated technical person(s). b. Waste Diversion Activities. Expansion of your existing recycling programs to increase waste diversion. Examples would include the inciusian of recycling bins a1 additional convenience centers, recydable materials (i.e. electronics) collections events, backyard greenwaste composting workshops. c. Other environmental projects within the County of Hawaii, as approved by DOH. The county's submission of the proposed SEP shall be within six (6) months of the signing of this Agreement. The completion of one or more of the shove SEPs shall be within a reasonable period of time as agreed to In the proposed SEP. If the county chooses to provide in-kind support to carry out the SEP, this support shall not be conducted with stall resources that are otherwise providng normal services for solid waste managemetu within the county. The project also shall not include any actions that will merely correct the violation and bring noncompliant issues bade Into emrnpliance with legal requirements. VI. FORM OP PAYMENT The penahy payable under section III (Stipulated Penalties; or section V (Penalty) shat) be paid by cashier's check, made payable to the State Department ofi Health, and shall be received at the DOH as set forth in section IX (NotrfiCalior). VIh BELAYS b~ IMPEDIMENTS TQ COMPLIANCE The county shall notify the DOH orally, as soon as feasible, and in writing within ten (10) days of any delay or anticipated delay which does or may affect Compliance with the Agreement. Tha notice shall describe, in detaR, the anticipated length of the delay, the precise cause(s) of the delay, the measures taken and to be taken by the county to prevent or minimize the delay, the lima table by which those measures wdi be implemented, and the expected efiect on the environment oT the dalayr The county shall take al! reasonable measures to avoid or minimize any such delay. The burden of providing that any delay is caused by circumstances entirely beyond the control of the county shall rest with the county. VlN. NTR AND WSPECTION Any authorized representative of the DOH, upon presentation of credentials, may enter the premises and/or inspect the records of South Hilo Sanitary Landfill at any time for the purpose of monitoring compliance with the provisions of this Agreement. This provision shall not be deemed to limit any authority the DOH otherwise has to enter and inspect. Coruent Rg~eemm~ ~5~ HAZRRDfR1S IrIgSTE ''`'S857P,G9 MRR 07 + 10=45 No .005 P.09 IX. NOTIFICA71ON Whenever, under the terms of this Agreement, a notice, repoR, or payment is required to be given by one party io another, such notice, report, or payment shall be directed to the individuals specified below, at the addresses given, unless a party gives notice in writing to the other party that another individual has been designated to receive such communications: Steven Y.K. Chang, P.E., Ghiet Solid and Hazardous Waste Branch Environmentalldanagement Division Hawaii State Department of Health 919 Aia Moana Boulevard, Room 212 Honolulu, Hawaii 96814 Telephone: (803) 586-4240 Teletax: (808) 586-7509 Laurance Capellas, P.E.: Chief Solid Waste Division Department of Environmental Management County of Hawaii i06 Railroad Avenue Hilo, Hawaii 96720 X. AUTO ITY OF SIGNA RIES Each undersigned teprasantative of a party to this Agreement certifies that he or she has full authority to enter into the terms of this Agreement and legally io bind the party which ha or she represents. XI. ENTIRE AGREEMENT The Agreement sets forth the entire agreement between the parties with respect to this matter. XII. ~FFEC VE DATE This Agreement shall become effective when it has been signed by both parties. XIII. M IFICATIONS This Agreement shalt not be modified, except in writing, and signed by both parties. XIV. TERMINATION The South Hilo Sanitary Landfill must prove to the DOH's satisfaction that it has complied ta~ith art of the terms of this Agreement. Within thirty (30) working days after such a showing by the county, the DOH shall Issue a latter to South Hilo Sanitary Landfill certifying satisfactory compliance, wrhich shall terminate this Agreement. Consent Aproeman! In:;gi,?50y h1RP. C n; 1d~45 JJD.OdS F.ld HR~RRDOUS !JR~TE XV. CASTS Each party shat! bear its own costs and attorneys' 'ees. DATED: Honolulu, Hawaii, ~ ` 5 ~ STATE OF HAWAII DEPARTMENT OF HEALTH DTRL•'I:TOR OF• IJj~:AJ:TM APPROVAL~RjE_C-OMME~N~D~E~ID: COU`/NTYp~OF HAWAII BARBARA BELL, Director p~ ,.,Kr. Department of Environmental Management #eyer Manaat~a Di~.clor. r~,.d County of Hawali APPRO- VfED AS TO FORM AND LEGALITY; ~ i - ~1-os Deputy r oraJl6tl Counsel County of Hawaii