HomeMy WebLinkAboutCOM 0853.044 2012-2014 Testimony to Hawaii County Council, November 9`h, 2012
by James Waugh ' 0
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Councilman Yagong, in his closing remarks in support of Resolution 308-12 on October 16`h,
2012, chose to raise two new issues to which we were not allowed to respond at the time, before
the vote was taken. He stated that he had seen a news clip from the site visit in which I had
admitted there was an old trail on the mill site where the present trail is located. He also stated
that he had spoken to the Department of Health earlier that very day and was told that the site
investigation revealed dioxin levels 40 times residential standards and elevated levels of arsenic.
With respect to the first issue, everyone knows that news clips capture one phrase without setting
out any context for it. Those of you who were close enough to me to hear what I actually said on
the site visit on October 10th, 2012, will have heard me say that when we first came on the site in
early 1995, there was no trail evident at the west end of the sugar factory. During the due
diligence phase of our offer to purchase the property, I determined we would need west access
for our equipment in order to demolish the factory buildings, and I set about to find whether it
was possible to build that access. I had not yet seen the 1923 photograph of the slope, nor had I
spoken to Butch Kualii, both of which probably would have dissuaded me from even trying. I
spoke to the wise old men in the community about ways I might try to get down that slope. Some
had seen the slope from above in the old days as they traversed the gulch on the Paukaa high
flume to access what is now Fujiyama's land to the south to go fishing there. They
recommended I "try go" along the pall behind the pig pens or on the other side of the slope, close
to the factory building. In fact, I ended up cutting several "tracks" down the slope with my
machete, all of them precipitously steep and difficult (a 100% slope or above). I pointed out to
those present on the site visit that the route (and actual ground) of one of those tracks or trails I
cut in 1995 was still there to be seen, as it was off to the side of the trail we ended up building.
While I did say something to the effect that the location of the old trail was still there, or the
quote "the trail is over here", the trail I was referring to was one of those I cut myself with a
machete in 1995 on the advice of my kupuna.
I have already said in testimony that there is probably not one square foot of land on this
site that has not seen someone's foot at some time—people actually built the several flumes
shown in the 1923 photograph, after all. However, there is no trail shown in that 1923
photograph. Butch Kualii saw no trail in 1984 when he had to come with two dozers in tandem
to bulldoze a strip of level ground on which to erect a chain-link fence around the factory.
Contrary to what Councilman Yagong stated, that even I knew there was a trail, I saw no trail
when I came in 1995. I had to cut my own. And they were all prohibitively steep.
With respect to the contamination issue, we became aware of possible contamination and
possible locations for it during the due diligence phase of our purchase in 1995. In 2011, we
were one of very few island landowners who welcomed the Department of Health onto their
property when we were approached by Laura Young on June 1", 2011, to investigate chemical
contamination remaining from plantation days.
I attach to this testimony the final letter I had from DOH after their work in 2011 was
complete, an email dated October 8`h, 2011. In it, Laura Young states: "The sample[s] collected
in the vicinity of the poison storage tanks in the middle of the lawn were clean. Elevated hits of
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arsenic and dioxin were found in the soil on the steep slope near the pesticide mixing building
foundation. We are running additional tests [on] one of three samples we collected there. There
is little contact with the soil there because of the grassy cover but a project manager will be
assigned the site and will work with you on maintenance of the grassy cover and any other
decisions regarding this area."
This is not a clean bill of health from DOH, but it is, according to Ms Young, something
which can be managed with their support—particularly since this is an agricultural property, not
a residential property. I confirmed that understanding in an email to her on October 10`h, 2011,
also attached. The schedule of when any further work would be done on the site was left to the
Department of Health to decide.
No further communications were received from DOH until October 17`h, 2012 (one day
after the comments made by Councilman Yagong, comments which cited standards for
residential properties, not agricultural properties). On October 17`h, 2012, I was sent a copy of an
undated report which has an executive summary sign-off sheet attached, with signatures dated
September 30th, 2011, a week prior to Ms Young's email to me. The 33-page report is simple
confirmation of the solid basis of her observations to me made in her 2011 email. We continue
to work with DOH on this issue, according to a schedule set by DOH. Our next meetings are set
for January, 2013.
RE:Old poison sites in Papaikou.
Subject: RE: Old poison sites in Papaikou.
From: "Young, Laura L" <laura.youpg @doh.hawaii.gov>
Date: 2011-10-08 04:54
To: "James Waugh" <waugh.james @gmail.com>
Hi Jim,
We did get results back from the sampling event. The sample collected in the vicinity of the poison storage
tanks in the middle of the lawn were clean. Elevated hits of arsenic and dioxin were found in the soil on the
steep slope near the pesticide mixing building foundation. We are running additional tests one of three
samples we collected there. There is little contact with the soil there because of the grassy cover but a
project manager will be assigned the site and will work with you on maintenance of the grassy cover and
any other decisions regarding this area.
I just returned from a similar sampling trip on Kauai and found your email and wanted to give you a quick
update.
We are still working on getting our Sanborns certified with Environmental Data Resources.
Have a nice weekend,
Laura
From: James Waugh [mailto:waugh.james @gmail.com]
Sent: Friday, October 07, 2011 8:54 AM
To: Young, Laura L
Subject: Old poison sites in Papaikou.
Dear Laura,
I haven't heard anything back from you. Just wondering what sort of results you may have
had from your testing. . . or perhaps you have nothing back yet.
Any word about the old Sanborn maps?
Best, Jim
Re:Old poison sites in Papaikou.
Subject: Re: Old poison sites in Papaikou.
From: James Waugh <waugh.jamgs @gmail.com>
Date: 2011-10-10 03:22
To: "Young, Laura L" <laura.young @doh.hawaii.gov>
Dear Laura,
Thanks for your immediate reply!
I am here on Hawaii for another couple of weeks, then will be away again until
January. I look forward to talking to your project manager as I am uncertain which
slope (of the two or three steep slopes adjacent to the slab) you are referring to. We
will be happy to work with his recommendations for maintaining the the location that is
a concern. . . we want everything to be as safe as possible, and are anxious not to do
anything which might make conditions worse.
Look forward to hearing from you further.
Best, Jim