HomeMy WebLinkAboutCOM 0636.007 1996-1998 ~ r
AtV,OF y,~
tJeu., Donna Fay K. Kiyosaki
Stephen K. Yamashiro Chief engineer
Mayor ,
~'•'a, Jiro A. Sumada
~riiE os•N~O~ Deputy Chie(Engineer
RECEIVED
1LI11I1Tt~1 11~ ~~~~jj Ilme_ tic By_t c n.
DEPARTMENT OF PUBLIC WORKS Cou
~ Council
25 Aupuni Street, Room 202 Hilo, Hawaii 96720-4252
(808)961-8321. Fax (808)961-8630
February ] 3, 1998
I
TO: CONNIE KIRIU, LEGISLATIVE AUDITOR /
FROM: DONNA FAY K. KIYOSAKI, CHIEF ENGINEER `
SUBJECT: BILL 180 RELATING TO ISSUANCE OF $40 MILLION GENERAL
OBLIGATION BONDS
This is in response to questions raised under item B. of your January 23, 1998 memo to Harry
Takahashi, Finance Director, regarding the $40 million bond float.
East Hawaii Landfill Closure, Hilo Transfer Station - $12 million
1 a. Should this project no[ be funded, the County would not be able to comply with
EPA/DOH mandated closure of the site and the responsible transfer of municipal solid
waste to the West Hawaii Landfill
lb. Delaying the approval of the bond issue could force the County to miss deadlines, which
may subject the County to fines and other punitive actions. The County is currently
developing a bird study which, if approved by FAA, could allow continued operation at
the Hilo Landfill for another year or two. While we are optimistic that we will obtain
FAA approval, we still need to work towards closure of the site.
1 c. Attached, for your review, are relevant sections of 40 CFR Part 258. Subpart B, Section
258.10 discusses criteria for location near airport. Subpart B, Section 258.16 discusses
closure deadlines and extensions of these deadlines. For your information, the County
requested and received DOH approval to extend, as provided under Section 258.76,
operations at the Hilo Landfill to October 9, 1998. Extension past this date is subject to
the bird study mentioned above. The implementation schedule is subject to the final
mandated closure date.
2. The County has applied for CDBG funds to perform planning and design of the transfer
station and long haul improvements. State ClP funds have also been requested for
closure and transfer station improvements in the past, however the legislature has not
appropriated any monies for this project.
3. Authorizing the $40 million bond at this time would provide the County with the
available cash to design and consuvct the closure and transfer station improvements in a
timely manner.
.l.8~r, Aia ~o3V •O~
~ ~ Tla.--_,_, FND lJ 1~
Presenteet. FG
, FEH I T 1998
Memorandum to Connie Kiriu
February 13, 1998
Page 2
Lako Street Connector- $1 million
la. Without the funding to construct this connector road, traffic congestion and safety
concerns along Hualalai Road would continue with no relief. This connector would
provide a much needed mauka/makai roadway in this area of Kona.
1 b. Delaying the bond authorization would result in further congestion as the are becomes
more populated.
lc. While we feel the project is needed for this area, there is no documentation which would
mandate the project. The implementation schedule would depend upon an agreement
being executed between the County and the private landowner.
2. The private landowner is required to construct this connector road at a later date. Due to
public benefit, the County wishes to expedite this road construction, with an executed
agreement that the private landowner will reimburse the County when they are ready to
develop this future phase of their project.
3. Positive impacts of this project will be immediate traffic relief and increased vehicle
safety in this area of Kona.
Kealakehe Effluent Disposal
1 a. Without the funding to construct an effluent disposal system, the County could face
violation notices and sanctions from the State DOH. The County is also being watched
by environmental groups to determine our compliance with near shore water quality
concerns. Any perception that we are violating could result in civil litigation.
1 b. Delaying the bond authorization would increase the County's exposure to violation
notices or litigation.
] c. Attached is a consent agreement between the County and the State outlining a notice of
violation issued for the old Kailua Treatment Facility and the requirement to construct an
initial phase of the effluent reuse system. The construction of the Honokohau system, as
stated in the consent agreement, must be finalized by October 1998.
2. The County initially relied on the development of the Kealakehe Golf Course to perform
additional treatment and to utilize the effluent. However, the golf course was never
developed.
3. Positive impacts would include the development of an effluent disposal system which
could provide irrigation water to additional landscaping along Queen Kaahumanu
Highway as well as a source of water for dust control and other construction activities in
Kona. Kona's potable water sources are very limited and the effluent resource will
someday become a valuable commodity.
Memorandum to Connie Kiriu
February 13, 1998
Page 3
ADA Compliance
1 a. Without the funding to construct required ADA improvements, the County would be in
violation of Federal laws. The County is currently involved in litigation regarding
different areas of the ADA law. The Council should contact Mr. Norman Olesen,
Executive Assistant to the Mayor, to request a status of the ADA lawsuits. Mc Olesen
has been designated as the County ADA Coordinator.
1 b. Delaying these projects could mean additional legal and compliance costs in the future.
1 c. See Mr. Olesen for relevant court orders and implementation schedule.
2. The Building Division and Parks and Recreation have been applying for CDBG monies
to perform some of the projects. However, the CDBG funds are not adequate to cover all
improvements.
3. Obtaining the required funding would assure the County's compliance with the ADA
law.
Puainako Street- $7 milllion
la. Should the monies not be available for this project, the County would stand to lose $30
million is Federal 1STEA funding. This project would provide a much needed roadway
to relieve congestion and improve safety along Kaumana Drive. This road would also
connect to the proposed Saddle Road improvements to provide an efficient cross-island
road network.
16. Delaying the bond authorization could mean a delay in the project which may jeopardize
the Federal matching portion.
1 c. Construction of the Puainako Street project, which consists of improvements to existing
Puainako Street and the extension from Komohana to Saddle Road, is scheduled for
phased implementation from 1999 to 2002.
2. We have requested State CIP monies but have not received any.
3. Authorizing the bond float will greatly enhance traffic circulation and provide a
connection to the Saddle Road project.
Alii Highwav - $6 million
]a. Again, the County is planning to utilize ISTEA monies as a match and, if no local match
is provided, approximate]y $30 million in Federal monies would be lost. The project
would relieve existing congestion on Alii Drive and Kuakini Highway and provide an
emergency evacuation route for the Alii Drive residents and businesses.
16. Delaying authorization could result in losing Federal monies.
lc. The project is currently undergoing archaeological review and final design should be
completed this year, followed by construction.
2. State CIP monies have been requested although no monies have been appropriated.
3. The positive impacts of the bond authorization are stated in 1 a.
Memorandum to Connie Kiriu
February 13, 1998
Page 4
ISTEA
1 a. Should the bond authorization not be approved, the County would not be able to provide
matching funds for road projects and would lose Federal monies. New road construction
and improvements to existing major roadways would be very difficult to accomplish
without the ISTEA program.
lb. If funding availability is delayed, monies would shifr to other Counties or to State
projects.
1 c. ISTEA projects are part of the State Transportation Improvement program which
undergoes periodic review and update.
2. Fuel tax is utilized to some degree as matching funds for resurfacing projects, however
these monies are not enough. Also, fuel tax cannot be used for new road construction.
3. Authorizing the bond float would allow the County to better plan and manage projects
under the ISTEA program.
Should you have any questions, please contact me.
cc: Harry Takahashi, Finance Director
Russell Kokubun, Deputy Planning Director
P
51018 Federal Register / V ~6, No. 196 /Wednesday, October 9, : /Rules and Regulations
generation; fertilizer/agricultural Sludge means any solid, semi-solid, or by only piston-type aircraft must
chemicals; food and related products/ liquid waste generated from a demonstrate that the units are designed
by-products; inorganic chemicals: iron municipal, commercial, or industrial and operated so that the MSWLF unit
and steel manufacturing; leather and wastewater treatment plant, water does not pose a bird hazard [o aircraft.
leather products; nonferrous metals supply treatment plant, or air pollution (b) Owners or operators proposing to
manufacturing/foundries: organic control facility exclusive of the treated site new MSWLF units and lateral
chemicals; plastics and resins effluent from a wastewater treatment expansions within alive-mile radius of
manufacturing; pulp end paper industry; plant. any airport runway end used 6y turbojet
rubber and miscellaneous plastic Solid waste means any garbage, or or piston-type aircraft must notify the '
products; stone, glass, clay, and refuse, sludge from a wastewater affected airport and the Federal
concrete products; textile treatment plant, water supply treatment Aviation Administration (FAA).
manufacturing; transportation plant, or air pollution control facility (c) The owner or operator must place
equipment; and water treatment. This and other discarded material, including the demonstration in paragraph (a) o[
term does not include mining waste or solid, liquid, semi-solid, or contained this section in the operating record and
oi] and gas waste. gaseous material resulting from notify the State Director that it has been
Lateral expansion means a horizontal industrial, commercial, mining, and placed in the operating record.
expansion of the waste boundaries of an agricultural operations, and from (d) For purposes of this section:
existing MSWLF unit. community activities, but does not (1) Airport means public-use airport
Leachale means a liquid that has include solid or dissolved materials in
passed through or emerged from solid domestic sewage, or solid or dissolved open to the public without prior
waste and contains soluble, suspended, materials fn irrigation return flaws or Permission and without restrictions ~
r or miscible materials removed from such industrial discharges that are point within the physical capacities of
waste. sources subject to permit under 33 available facilities.
Municipal solid waste landfil! unit U.S.C. 1342, or source, special nuclear, l2) Bird hazard means an increase in ,
' means a discrete area of land or an or by-product material as defined by the the likelihood of bird/aircraft collisions '
excavation that receives household Atomic Energy Act of 1954, as amended that may cause damage to the aircraft or
waste, and that is not a land application (58 Stat. 923). injury to its occupants.
unit, surface impoundment, injection State means any of the several States, § 25g,tt Floodplalns.
well, or waste pile, as those terms are the District of Columbia, the (a) Owners or operators of new
defined under $ 257.2. A MSWLF unit Commonwealth of Puerto Rico, the MSWLF units, existi
also may receive other types of RCRA Virgin islands, Guam, American Samoa, ng MSWLF units,
subtitle D wastes, such as commercial and the Commonwealth of the Northern end lateral expansions located in 10Q
solid waste, nonhazardous sludge, small Mariana Islands. year floodplains must demonstrate that
quantity generator waste and industrial State Director means the chief the unit-will not restrict the flow o[ the
s? solid waste. Such a landfill may be administrative officer of the State 100-year flood, reduce the temporary
4 publicly or privately owned. A MSWLF agency responsible for implementing the water storage capacity of the floodplain,
unit may be a new MSW[.F unit, an State municipal solid waste permit or result in washout of solid waste so ay
existing MSWLF unit or a lateral program or other system of prior to pose a hazard to human health and
expansion. approval. the environment. The owner or operator
i~ New MSWLF unit means any Uppermost aquifer means the geologic must place the demonstration in the
municipal solid waste landfill unit that formation nearest the natural ground operating record and notify the State
has not received waste prior to the surface that is an aquifer, as well as, Director that it has been placed in the
effective date of this part (October 9, lower aquifers that are hydraulically operating record.
1993). interconnected with this aqui[er within (b) For purposes of this section:
Open burning means the combustion the facility's property boundary. (1) Floodplain means the lowland and
~j, o[ solid waste without: Waste management unit boundary relatively flat areas adjoining inland and
(IJ Control of combustion air to means a vertical surface located at the coastal waters, including flood-prone
maintain adequate temperature for hydraulically downgradient limit of [he areas of offshore islands, that are
i efficient combustion, unit Thia vertical surface extends down inundated by the 100-year flood.
(2) Containment of the combustion into the uppermost aquifer. (2) 100-year flood means a flood that
reaction in an enclosed device to has a 1-percent or greater chance of
provide sufficient residence time and 3 258.3 Conalderatlon of other Federal recurring in any given year or a flood of
mixing far complete combustion, and tat"a' a magnitude equalled or exceeded once
(3) Control of the emission of the The owner or operator of a municipal in 100 years on the average over a
combustion products. solid waste landfill unit must comply significantly long period.
Operator means the person(s) with any other applicable Federal rules, (3) Washout means the carrying away
responsible for the overall operation of a laws, regulations, or other requirements. of solid waste by waters of the base
facility or part of a facility. 258.4-258.9 [Reserved] flood.
Owner means the persons] who owns
a [acility or part of a facility. Subpart B-Location Restr(ctions § 258.12 Wetlands.
Run-ofJ means any rainwater, (a) New MSWLF units and lateral
leachate, or other liquid that drains over § 258.10 Airport safety. expansions shall not be located in
]and from any part o£ a facility. (a) Owners or operators of new wetlands, unless the owner or operator
Run-on means any rainwater; 1\15WLF units, existing MSWLF units, can make the following demonstrations
leachate, or other liquid that Brains over and lateral expansions that are located to the Director of an approved State:
land onto any part of a facility. within 10,000 feet (3,048 meters) of any (1) Where applicable under section
Sotu~aled zone means that part of the airport runway end used by turbojet 404 of [he Clean Water Act or applicable
earth's crust in which all voids are filled aircraft or within 5,000 feet (1,524 State wetlands laws, the presumption
with water. meters) of any airport runway end used that practicable alternative to the
~t
51020 Federal Register lot. 56, No. 198 /Wednesday, Octobet 1991 /Rules and Regulations
of mass movement include, but are not (4) Notification of State Director of limit for methane at the facility property
limited to, landslides, avalanches, debris authorized States under Subtitle C of boundary.
slides and flows, soil fluclion, block RCRA or the EPA Regional (b) Owners or operators of all MSWLF
sliding, and rock fall. Administrator if in an unauthorized units must implement a routine methane
(5) Korsl terranes means areas where State if a regulated hazardous waste or monitoring program to ensure that the
karst topography, with its characteristic PCH waste is discovered at the facility. standards of paragraph (a) of this
1 surface and subterranean features, is (b) For purposes of this section, section are met.
developed as the result of dissolution of regulated hazardous waste means a (i] The type and frequency of
limestone, dolomite, or other soluble solid waste that is a hazardous waste,
fl monitoring must be determined based
rock. Characteristic phyaiographic as defined in 40 CFR 281.3, that is not on the following factors:
features present in karat terranes excluded from regulation es a hazardous
~ include, but ere not limited to, sinkholes, waste under 40 CFR 281.4(b) or was not (i) Soil conditions;
sinking streams, caves, large springs, generated by a conditionally exempt (ii) The hydrogeologic conditions
end blind valleys. small quantity generator ae defined in surrounding the facility;
§ 258.76 Closuro of sxlating munlelpal § 261.5 of this chapter. (iii) The hydraulic conditions
solid waste landfill unlh. § 258.21 Cover material requlremanta. surrounding the facility; and
I (a) Existing MSWLF unite that cannot (iv) The location of facility structures
make the demonstration specified m (a) Except ea provided in paragraph and property boundaries.
(b) of this section, the owners or (2) The minimum frequency of
§ 258.30(aJ, pertaining to airports, operators of all MSWLF units must
§ 258.11(a), pertaining to floodplains, or cover disposed solid waste with six monitoring shall be quarterly.
-i § 258.15(a), pertaining to unstable areas, inches of earthen material at the end of (c) If methane gas levels exceeding
must close by October 9,1998, in each operating day, or at more frequent the limits specified fr paragraph (a) of
accordance with § 258.80 of this part this section are detected, the owner or
intervals if necessary, to control disease
and conduct post-closure activities in vectors, fires, odors, blowing litter, end operator must:
accordance with 4 258.61 of this part. scavenging. (I) Immediately take al] necessary
(b) The deadline for closure required (b) Alternative materials of an steps to ensure protection of human
by paragraph (a) of this section may be alternative thickness (other than a[ least health and notify the State Duector,
extended up to two years if the owner or six inches of earthen material) maybe (2) Within seven days of detection.
operator demonstrates to the Director of approved by the Director of an approved place in the operating record the
~ an approved State that: State ff the owner or operator methane gas levels detected and a
~ (1) There is ao available alternative demonafratea that the alternative description of the steps taken to protect
disposal capacity; material end thickness control disease human health; and
(2) There is no immediate threat fo vectors, fires, odors, blowing litter, and (3j Within 80 days of detection,
human health and the environment. scave without resent'
nging p mg a threat implement a remediation plan for the
Note to Subpart B: Ownere or operators of to human health and the environment. methane gas releases, place a copy of
MSWLFa should be aware that a State in (c) The Director of an approved State the plan in the operating record, and
which their landfill is located or is to be may grant a temporary waiver from the notify the State Director that the plan
located, may have adopted a state wellhead requirement of paragraph (a) and (b] of has been implemented. The plan shall
protection program N accordance with
section 14ze of the Sate thinking Water Act. this section if the owner or operator describe the nature and extent of the
Such state wellhead protection programs may demonstrates that there are extreme problem and the proposed remedy.
impose additional requirements on owners or seasonal climatic conditions that make (4) The Director of an approved State
operators of MSWLFa than those set forth In meeting such requirements impractical. may establish alternative schedules for
' Ihia part.
~ § 258.22 Disease vector control. demonstrating compliance with
§ 258.17-258.19 1Reservedl (a) Owners or operators of all MSWLF Paragraphs (c) (2) and (3) of this section.
~ Subpart C-Operating Criteria units must prevent or control on-site (d) For purposes of this section, lower
i populations of disease vectors using explosive limit means the lowest
§ 258.20 Proeedurea for axbluding the techniques appropriate for the percent by volume of a mixture of
' receipt of hazardous waste. protection of human health end the explosive gases in air that will
I (a) Owners or operators of all MSWLF environment. propagate a flame at 2~ C and
atmospheric pressure.
units must implement a program at the (b) For purposes of this section,
facility for detecting and preventing the disease vectors means any rodents, g 258.za Alr criteria.
disposal of regulated hazardous wastes flies, mosquitoes, or other animals. (a) Owners or operators of all
as defined in part 281 of this chapter and including insects, capable of
polychlorinated biphenyla (PCB) wastes transmitting disease to humans. R15WLFs must ensure that the units not
~ as defined in part 781 of this chapter. violate any applicable requirements
This program must include, at a § 258.23 Explosive gases control. developed under a State Implementation
- minimum: (a] Owrrers or oparatots of all MSWLF Plan (SIP) approved or promulgated by
(1) Random inspections of incoming unite moat ensure that: the Administrator pursuant to section
loads unless the owner or operator takes (1) The concentration of methane gas 110 of the Clean Air Act, as amended.
+i ether steps to ensure that incoming generated by the facility does not (b) Open burning of solid waste,
i loads do not contain regulated exceed 25 percent of the lower explosive. except for the infrequent burning of
hazardous wastes or PCBlwastes; limit for methane in facility structures agricultural wastes, silvicultural wastes.
(2J Records of any inspections; (excluding gas control or recovery landclearing debris, diseased trees, or
(3) Training of facility personnel to system components); and debris from emergency cleanup
- - recognize regulated hazardous waste (2) The concentration of methane gas operations, is prohibited at all MSWLF
and PCB wastes; and does not exceed the lower explosive units.
_ 02;1x:"9A FRI 12:20 FAX 8089818844 DpW-WASTEWATER DIVISION DPW C~oo2
t~
KARGERY 5. HRONSTER 4750
Attorney General
State of Hawaii
HEIDI RIAN 3473
LAURENCE K. LAU 1466
Deputy Aktozneys General
465 South King Street, Room 200
Honolulu, Hawaii 96813
Telephone: 587-3050
Telefax: 587-3077
AttorAeys for Complainant
DEPARTMENT OF HEALTH
STATE OF HAWAII
DEPARTMENT OF HEALTH, ) DOCKET NO. 9(:1-WW-EO-10
STATE OF HAWAII, )
Kailua-Kona «astewater
Complainant, ) Treatment Plant
yg, ) CONSENT ORDER;
EXHIBIT A
COUNTY OF HAWAII, )
Respondent. )
1010+
CONSENT ORDER
The Department of Health ("DOH"), State of Hawaii, and the
County of Hawaii ("Respondent") enter into this Consent order
pursuant to Hawaii Revised Statutes ("HRS") chapters 321, 322,
and 342D; and Hawaii Administrative Rules ("HAR") chapter
11-62, entitled Wastewater Systems.
1. PARTIES
1.1. Complainank is the Department of Health, State of
Hawaii.
1.2. Respondent is an entity created by statute which may
sue and be sued in irs corporate. name.
I
02.1.1,98 FRI 12:21 FAX 9089818844 DPW-WASTEWATER DIVISION DPW ~oo~
ENVIRONMENTALLY BENEFICIAL PROJECTS
A. RECITALS
1. .The Department of Health (DOH) and the County of
Hawaii (County) commit to the reuse of properly treated
effluent from the County's Kealakehe Wastewater Treatment Plant
(WWTP).
2. In 1991 the County signed agreements c~~ith a private
party (developer) for the future reuse of treated effluent from
the Kealakehe WWTP to irrigate a future golf course beginning
August 15, 1992.
3. Construction of the Kealakehe t~'WTP started in 1990
and was completed in 1992- The Kealakehe WWTP e5tarted
receiving raw wastewater to treat beginning in :L993. The
County notified the developer that effluent was available for
disposal on August 1, 1993.
4. To date, the golf course has nat been built, and the
treated effluent is disposed of underground in a sump and is
not reused.
5. The County estimates that it has lost approximately
$440,000 to date in expected revenue because it has been unable
to sell treated effluent for the irrigation of the golf course,
contrary to plans.
6. The County contracted for and submitted to DOH an
effluent reuse plan: "Final Progress (March 1996) Report on
Effluent Discharge, Reuse, and Quality, Kealakehe WWTP Effluent
Reuse and Management Project," Waimea Water Services, Inc.,
EXHP,BIT A, page 1 90-WW-EO-10
02;19.98 FRI 12:21 FAX 8089818844 DPW-WASTEWATER DIVISION DPW ~ pp4
March 1996 (the report).
B. HONOI(OHAU HARBOR LANDSCAPE IRRIGATION
1. The County shall construct a system to use properly
treated effluent to irrigate landscaping at Honcakohau Harbor
and along the access road between Kaahumanu Higtcway and
b
Honokohau Harbor.
2. This project shall be completed by October 31, 1998. u
3. The County shall supply properly treated effluent for
irrigation by the system constructed in this pr~:~ject. Effluent
quality shall be to R-2 standards under the "Guidelines for the
Treatment and Use of Reclaimed Water," DOH, Novamber 22, 1993.
4. The quantity and rate of supply of effluent shall be
sufficient for application at the appropriate agronomic rate(s)
and shall be billed at a rate of $0.50 per 1,000 gallons for a
period of five years, after which the rate shall be
renegotiated.
5. The construction of the system for thi.is project is
estimated to cost $175,000. If the construction cost is less
than this, water supply charges covered in sect::ion B.4, above,
shall be waived until the balance of the 5175,(?00 is depleted.
6. Construction expenses shall be subject to review by
DOH for reasonableness.
7. This project, including design, is subject to
necessary approvals from private and non_County government
agencies.
8. Requests for extensions are governed by section 9 of
EXH~IBTT A, page 2 90-WW-EO-10
02119%98 FRI 12:21 FA% 8089818844 DPW-WASTEWATER DIVISION DPW ,f~0a5
r ~
the consent order.
9. Delays in meeting the project deadline specified in
section 8.2, above, subject the County of a penal,.ty of $10,000
per month, pro rated.
10. Failure to supply properly treated effluent as
required by section B.a subjects the County to a penalty equal
v
to three times the value of the effluent not supplied plus the
costs of replacing any landscaping which dies because of the
supply failure.
11. Determination of what is "properly treated effluent"
shall be guided by the design criteria for the existing
wastewater treatment plant, the effluent requirements of Hawaii
Administrative Rules (HAR) chapter 11-62, and the "Guidelines
for the Treatment and Use of Reclaimed Water," C~oH, November
22, 1993. This project shall not be construed t.o require the
County to upgrade its treatment beyond that needed to meet
present R-2 water requirements, and in particular shall not be
construed to require the County to make capital improvements
necessary to supply R-1 water without compensation.
EXHIBIT A, page 3 90-WW-EO-10