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Murashige, Laura From: fames Weatherford [gardengreen@hawaiiantel.net] Sent: Monday, July 09, 2007 9:02 PM To: counciltestimony@co.hawaii.hi.us Subject: RE: Comm 7.3 -Referral for Executive Session RFP Sofd,W~g4te g~ugtiQp q r tt , RE: WASTE REDUCTION TECHNOLOGY REQUEST FOR PROPOSAL (RFP) NO. 2210 (Referrals for Executive Session, July 10, 2007) In your deliberations regarding the Solid Waste Reduction Request for Proposal (RFP), please consider the following: 1. The Request for Proposal (RFP) process is flawed. 1.1. The basis for the RFP (Integrated Solid Waste Management Plan, 2002 ISWMP) was described by an internal audit last year as "outdated." The state of knowledge, market conditions, and the local situation have changed in five years. An RFP with an outdated basis cannot be expected to produce a good outcome. 1.2. According to the 2006 Environmental Impact Statement Preparation Notice, the 2002 ISwM identified a short list of "technologies" for a "Solid waste Reduction Project", among them Waste to Energy (WTE). According to the 2002 ISWMP, the Solid Waste Advisory Committee (SWAG) was an advisory group from the community appointed by the Mayor with the role of "reviewing" the ISWMP, "making suggestions" and proposing "appropriate changes". Again, according to the 2002 ISWMP, the short list of "technologies" was decided by SWAG, even though making decisions was beyond the scope of SWAC's role. The information provided to the SWAG was biased in that it did not reveal that WTE facilities had been shut down due to extreme and continued violations regarding toxic emissions and ash. Even though the SWAG was not told about WTE environmental violations and closures due to exposure of the environment to toxic substances, they were told that compost facilities had been closed due to odor problems. Clearly, the information provided to the SwAC was skewed to make WTE appear to be the obvious single alternative available. This is fraud. 1.3. The RFP established no requirement that vendors demonstrate their good character through full information regarding criminal convictions and/or adverse civil judgments. Full disclosure was not required and was not provided. 2. The character of the vendors. 2.1. The only two proposals in the final round of the RFP from vendor with a history of felony convictions, adverse civil judgments, and violations of environmental regulations, as well as legal disputes with its customers (local governments). 2.2. As a matter of good government, the County must do business with, and only with, honest and reputable firms and individuals. This cannot be said to be the case with this RFP as matters now stand. 3. The RFP has failed to produce the best alternative available. 3.1. Being a flawed, even fraudulent, process, there should be no surprise at the outcome --proposals for, and only for, WTE - and there should be no expectation that the outcome is a satisfactory one. 3.2. The standard established in the RFP is: "commercially proven." A zero waste policy that focuses on resources rather than waste is commercially proven, yet the Hawaii County Government has shown only token interest in such an approach that empowers the community to resolve its own solid waste problems. A plan with action is needed to protect the land, the air, the water, the people, and the county treasury. This RFP process cannot deliver that protection. It is not necessary to "start over" again with yet another RFP for a "technology." There is a better way. For example, on Monday, July 9, 2007 I will be observing at a Kauai County Council workshop, organized by Zero Waste Kauai. The goal at the workshop is to outline to the Council a proposal for them "to adopt a Zero Waste resolution and send the proposed ISWM Plan update back for modification, expanding the reduction, reuse and recycling elements and removing or delaying any discussion of waste to energy." The people and information in that workshop are also available to the Hawaii County Council. Comm. Na i Ref. To: ~~eetel C~wsi/ Ref. Date .lU~~~-