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HomeMy WebLinkAboutCOM 0808.002 2002-2004 ,V 0 Barbara Bell Harry Kim Director Mayor Nelson Ho o7'n 'n~ Deputy Director (~~aun#~r of ~txftrttii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Hawaii 96720-4252 (808) 961-8083 • Fax (808) 961-8086 co8dem0a.interpac.net November 16, 2004 The Honorable James Y. Arakaki, Council Chair And Council Members Hawaii County Council - 25 Aupuni Street Hilo, HI 96720 SUBJECT: BILL 352 RELATING TO SEWER SERVICE CHARGES COMMUNICATION 808.1 Dear Council Chair Arakaki and Councilmembers, The enclosed attachments were not included with our letter of October 28, 2004, Communication 808.1 on the November 10, 2004 Council Agenda. We are resubmitting these enclosures as referenced in paragraph 2 of the October 281h letter for your further information. These documents provide the substance of the Environmental Management Commission's detailed review and discussion of metering wastewater not going into the County sewer system. We ask that this communication and enclosures be agendized for the November 23, 2004 Council meeting. Sincerely, Barbara Bell DIRECTOR cc: Harry Kim, Mayor DEM Deputy Director Wastewater Division enclosures: October 28, 2004 correspondence to Council with attachments: Proposed Ordinance- May, 2003 EMC; Minutes- May, 2003 Environmental Management CoTpission 808.2. Comm. o._ Hnwni 'i County is an equal opportunity provider and employer. Co Ref. To: Ref. Dote JHjY OF ry,~ ~b~"'w• Barbara Bell Harry Kim Director Mayor Nelson Iio ` rF"J Deputy Director C~>xutTf r Lif 'plttf lair DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street, Room 210 • Hilo, Rawari 967204252 (808) 961-8083 • Fax (808) 961-8086 cohdem@inlerpac.net October 28, 2004 The Honorable James Y. Arakaki, Council Chair And Council Members Hawaii County Council 25 Aupuni Street Hilo, HI 96720 SUBJECT: BILL 352 RELATING TO SEWER SERVICE CHARGES Dear Council Chair Arakaki and Councilmembers, The Department of Environmental Management and the Department of Water Supply have serious concerns about Bill 352 as written. In reviewing this issue, the Environmental Management Commission studied and voted on a proposed ordinance with somewhat similar language. At their April 29, 2003 meeting they deferred action. At their May 28, 2003 meeting, they voted to take no action on the proposed ordinance on the basis that there was no public benefit. (Proposed Bill and minutes from May 28 meeting attached.) Department of Water Supply (DWS) requires that meters are installed in the public right-of-way so they can read the meters accurately, efficiently, and in a timely manner. Relevant sections of DWS rules are Section 3-5, (6) and (7). It may be possible to add the concept behind this bill to our existing County Code with some additional language. If the bill was amended in Section 21-29 to read: "No sewer charges shall be levied on water used for irrigation or other uses [only when separate water meters are installed for such purposes and the water drawn through such meters is not discharged into the sanitary sewage system.] when the water is not discharged into the sewer system and a separate metering system, acceptable to the County and in accordance with Rules and Regulations set forth by the Department of Water Supply, is installed to provide a method of accounting for the amount of water which is or is not subiect to the sewer use charges as the case may be I0 ` HawaCi County is an equal opportunity provider and employer. We ask for your assistance in this matter, and to not pass the bill as written. Sincerely, Barbara Bell Milton Pavao DIRECTOR DIRECTOR Department of Environmental Management Department of Water Supply cc: Harry Kim, Mayor Environmental Management Commission Wastewater Division enclosures: Proposed Bill Minutes, May, 2003 Environmental Management Commission PROPOSED ORDINANCE MAY, 2003 EMC_. COUNTY OF HAWAII, :P- , TATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 21-29 OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO WASTEWATER SEWER USER CHANGES FOR NONRESIDENTIAL CUSTOMERS BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 21, Article 4, Section 21-29 of the Hawaii County Code 1983 (1995 Edition) be amended as follows: Section 21-29. Sewer user charges for nonresidential customers. Sewer user chargers for nonresidential customers shall be assessed to all lots accessible to a sewer whether connected or not. User charges for sewer service to nonresidential customers, which include industrial, commercial, agricultural, governmental and miscellaneous services users, hotels, and service stations shall be based on water volume usage based on water meter reading and shall be assessed according to the schedule shown under section 21-36.1; provided that water consumed for the purpose of coolers or swimming pools shall not be included in water consumption totals on which these rates are based. No sewer charges shall be levied on water used for irrigation or other uses only when separate water meters are installed for such purposes, and [water drawn through such meters is not discharged into the sanitary sewage system.] the metering system accurately accounts for the amount of water discharged into the sanitary sewer system. A minimum monthly charge shall be applicable and shall be equal to the schedule under section 21-36.1. Unoccupied units will be assessed a monthly maintenance fee equal to the current minimum monthly charge. Section 21-29.1. Charges for private haulers discharging wastewater into a municipal facility. (a) A minimum charge according to the schedule shown under section 21-36.1 shall be made for the discharging of pumped waste into any municipal system. The hauler shall be responsible for notification of the receiving facility personnel of the type of waste and of the discharge schedule. Preliminary treatment of the wastewater may be required prior to disposing of the waste into the system. (b) "Pumped waste" shall include cesspool septage, chemical toilet waste, sludge, or any other waste not prohibited under section 21-9. (c) Private haulers are required to have a valid permit from the wastewater division to discharge wastewater into any municipal facility and shall maintain the following records and information: (1) The number of cesspools and other types of wastewater facilities pumped; (2) The name and address of the owner of each cesspool or other facility pumped; (3) The date of pumping of each cesspool or other facility; (4) The location of each cesspool or facility pumped; (5) Volume of wastewater pumped at each cesspool or other facility; and (6) Disposal site of each for pumped waste from each cesspool or other facility. (d) Reports containing the tabulated information shall be submitted to the wastewater division no later than thirty days after the last day of the month. Failure to provide the requested information may lead to revocation of the permit. SECTION 2. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 3. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hawai'i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: ENVIRONMENTAL MANAGEMENT COMMISSION Wednesday, May 28, 2003, 9:13 a.m. Hawaii County Council Room, 25 Aupuni Street, Room 201, Hilo, Hawaii COMMISSIONERS Riley Smith ALSO Paula Helfrich, HIEDB PRESENT: David Frankel PRESENT: Nelson Ho, Recycle Hawaii Hugh Ono Eileen O'Hora-Weir, Recycling Coordinator Anne Plack Patricia O'Toole, Corporation Counsel Carolyn Witcher Margaret Pahio Louise Winn Erika Yamamoto, Legislative Assistant to Councilman Safarik EXCUSED: Mack Asato STAFF: Barbara Bell, Director Marjorie Erway Peter Boucher, Wastewater Division Chief Sam Kawamura Bobby Gonsalves, Acting Solid Waste Div.Chief Sharron Henry, Secretary 1. CALL TO ORDER: Commission Chair Smith called the meeting to order at 9:13 a.m. 2. APPROVAL OF MINUTES OF APRIL 29, 2003 MEETING: David Frankel made a motion to approve the April 29, 2003 minutes. Carolyn Witcher seconded the motion. Motion carried unanimously. 3. APPROVAL OF ADDENDUM AND/OR SUPPLEMENTAL AGENDA: None 4. STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON AGENDA: Louise Winn spoke in favor of the proposed changes to Section 20.22 (streamlines the process and provides more accountability), Section 20.23 (having a lien against real property may compel owners to provide signage or fence off their areas) and Section 20.38 (may deter the accumulation of unregistered vehicles) of Hawaii County Code Chapter 20. Frankel suggested Bell work with Chris Yuen, Planning Director, to amend the zoning code relating to abandoned vehicles. (Taken out of order) DISCUSSION AND PRESENTATION OF KEAAU RECYCLING AND REUSE CENTER • Paula Helfrich, President of Hawaii Island Economic Development Board (HIEDB), presented a summary of the $400,000 project that was awarded by EPA (attached to original minutes). • Second year funding of $225,000 is awaiting federal approval and there's a possibility of 3'd year funding. • The project expenditures to-date were discussed. • Director Bell will furnish transfer station tonnage data acquired since the opening of the center. • Discussion will continue at the site visit that will follow this meeting. 5. CORRESPONDENCEWPORTSIDISCUSSION: Director's Report (attached to original minutes) COUNCIL ACTIONS: • Landfill tipping fee ordinance has been deferred due to some haulers' concerns with privacy versus audit issues. • Bell requested written or verbal testimony at the Council meeting. TIRES: • Whole tires are not accepted at the landfill. • Viable re-use of tires is being investigated. • Disposal fees that are paid at time of purchase were discussed. BIG ISLAND SCRAP METAL. • Contractor started in Kona May 14`h. • The contractor's progress in meeting the agreement obligations is being closely monitored. SORT STATION UPDATE: • Design will be finalized next month. • Working with DLNR to consolidate the designated parcels into county ownership. • Bell will follow up on request to Bob Carn for SORT floor photos. Solid Waste Division Chiefs Report (attached to original minutes) HILO LANDFILL: • It appears that 2003 will be spent on the existing floor without going to the next elevation. GREENWASTE: • Continuing to encourage the public to come and pick up free mulch. Wastewater Division Chiefs Report (attached to original minutes) QUEEN LILIUOKALANI SEWER EXTENSION: • DOH Section Administrator Yee has indicated that installation of septic tanks upstream of gang cesspools will be an acceptable alternative to sewer extension. PUA SPS ODOR CONTROL: • The 12-week pilot study will begin in July. • Monitoring on a weekly basis. KEALAKEHE WETLANDS: • Concern has been raised regarding the 75% County match requirement. 6. UNFINISHED BUSINESS: DISCUSSION AND APPROVAL OF ORDINANCE ADDRESSING ELIMINATING ILLEGAL DUMPING: After discussion and a request from Bell for written comments, this item was filed. No further action will be taken at this time. -2- DISCUSSION AND APPROVAL OF ORDINANCE TO METER WASTEWATER NOT GOING INTO COUNTY SEWER SYSTEM: Ono made a motion to file this item on the basis that there is no public benefit. Frankel seconded the motion and it carried unanimously. ITEMS TO DISCUSS WITH MAYOR KIM AT A FUTURE MEETING: A draft letter, inviting the Mayor to the August 27`h meeting, will be prepared and finalized at the next meeting. 7. NEW BUSINESS: DISCUSSION AND APPROVAL OF ORDINANCE ADDING AUTHORIZATION FOR PAYMENT OF UP TO 30% OF OTHER SCRAP METAL FROM VEHICLE DISPOSAL FUND: Ono made a motion to approve the ordinance. Witcher seconded. Frankel made a motion to support the ordinance with a change to eliminate the 30% limit provided that this go to Corporation Counsel first. Witcher seconded the amended motion and it passed unanimously. A vote was taken on the original motion to approve the ordinance as amended. It passed unanimously. 8. FUTURE AGENDA ITEMS: None 9. ANNOUNCEMENTS • Ono reported that Commissioner Sam Kawamura's recovery is progressing. • He also shared his observations on Vancouver's mandatory recycling program from his recent trip to Canada. • Frankel will be unable to attend the July commission meeting. • Ono will be unable to attend the July and August meetings. • Wednesday, June 25, 2003, 9:00 a.m. -12:00 p.m., Kona Police Department Conference Room, 74-5221 Queen Ka'ahumanu Highway, Kailua-Kona, HI 96740 • Wednesday, July 23, 2003, 9:00 a.m. - 12:00 p.m., Waimea Civic Center, 67-5189 Kamamalu Street, Kamuela, HI 96743 • Wednesday, August 27, 2003, 9:00 a.m. - 12:00 p.m., Hawaii County Council Room, 25 Aupuni Street, Room 201, Hilo, HI 96720 • Wednesday, September 24, 2003, 9:00 a.m. -12:00 p.m., Kona Police Department Conference Room, 74-5221 Queen Ka' ahumanu Highway, Kailua-Kona, HI 96740 10. ADJOURNMENT Witcher moved to adjourn. Ono seconded and motion was carried unanimously. Meeting adjourned at 11:55 a.m. Minutes Respectfully Submitted by: SHARRON HENRY Environmental Management Secretary -3- ENVIRONMENTAL MANAGEMENT COMMISSION MINUTES REGARDING METHODS TO METER WASTEWATER NOT GOING INTO COUNTY SEWER SYSTEM - MAY 28, 2003 Smith: The next item under Unfinished Business, Discussion and approval of ordinance to meter wastewater not going into County sewer system Peter, is this something? Frankel: Is this prompted based on the discussion we had at last meeting? Bell: Yes. Rather than discuss it in concept, I thought it was better to put it down in green and black. Ono: Can someone just kind of summarize what this says? Smith: Barbara, are you going to talk to us about it or is it Peter? Bell: The change is in 21-29. A little background. This was prompted by a citizen who read the existing sewer code and put some water meters on lines that were going into the - the drains were going into the sewer system. The Code is set up for water that would be not going in, so basically irrigation. Because he's an industrial application, it's backwards from the way we were thinking of water that wasn't going in the sewer. We were thinking it was landscaping or ag uses basically. I did a site visit. The property has a lot of car washing and things out in the parking lot and the driveways and parking lots are sloped to two big dry wells. So it doesn't appear to be going into the sewer, into our system. So, I thought that the fair thing to do, for his situation, because it does have some logic to it, was to bring it to this body and see if this body saw fit to move it to the council because it would require an ordinance change. Smith: Barbara, let me make sure I understand what's going on here. So this person has a business and he's on the west side of this island, and the water that goes onto the property goes through a Department of Water Supply meter. Bell: Yes. Smith: And then what he's done is the portion of the potable water that goes through his sewer system and goes into the county wastewater system which Peter sends a bill to, goes through the water supply meter, so that's all metered. What he's then done is the portion of the water that goes into the property that doesn't go into the sewer Ono: Well, my comment would be I agree with Kimo. You don't have control over that, number one. It's a control issue and even if you put two meters outside a property, you still don't have control over how to hook up the interior pipelines. Smith: Do you want to add anything, Peter? Frankel: Do you want a motion? Boucher: I kind of summarized everything. As a general comment, I don't think ordinances should be addressed to individuals. We're spending a lot of time on his drain this and that. It should be a general sort of policy. And also if this was adopted, it would negate the existing exemption which we've allowed for other people which says you meter the other way. So it would need some working. But my real problem with it is there's one way which you've mentioned, I think Kimo and Hugh have mentioned, there's no way to ascertain that this meter or meters are metering all the water, especially when it's behind locked doors. And there's no mechanism to address if additions or modifications are made to.....1 mean, we may go out and inspect - oh, that looks great now but then he goes in for building permit the next month and adds a 6-bedroom wing onto his house. Guess what, there's no way administratively for us to catch that. It doesn't account for prorated infiltration, I&I (infiltration and inflow) which is part of our code. It would subject us to claims from previous customers who've already made significant changes to their plumbing to comply with our existing code. And most importantly, the Department of Water Supply now allows separate irrigation meters for this type of water. So, ,we don't even allow irrigation exemptions anymore. It's a moot point. I mean, if he had agreed back when this process started, and he put in his meters correctly, he would have gotten his exemption. He would have been grandfathered in. But at this point, he hasn't and now the rules have changed and we don't even allow these exemptions anymore. Ono: Can I make a motion? Frankel: Yes, please. Ono: I move to file this thing.... Frankel: Second. Ono: On the basis that there's no public benefit. Smith: All those in favor? All Commissioners: Aye. Smith: Any opposition? None. Motion carried. Thank you.