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HomeMy WebLinkAboutMIN EMC 2018/02/20 2016-2018Committee on Environmental Management 1Oth Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii February 20, 2018 CALL TO The regular meeting of the Committee on Environmental Management was called ORDER: to order at 1:14 p.m. in the Council Chambers, Kona, by Ms. Eileen O'Hara, Chair. ROLL CALL: Present: Ms. Eileen O'Hara, Chair Mr. Herbert M. "Tim" Richards, III, Vice Chair (came in later) Mr. Aaron S. Y. Chung, Member (via videoconference from Hilo) (came in later) Ms. Maile Medeiros David, Member Ms. Karen Eoff, Member Mr. Dru Mamo Kanuha, Member Ms. Susan L. K. Lee Loy, Member (came in later) Ms. Valerie T. Poindexter, Member Ms. Jennifer Ruggles, Member STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS The Chair directed the Committee to proceed to the next order of business, Statements from the Public on Agenda Items. The following individual registered to speak and came forward when called by the Chair: Jon Olson: Comm. 678, comment. COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 678: REQUESTS A PRESENTATION BY RICK BENNETT, PH.D., ENVIRONMENTAL MANAGEMENT COMMISSION CHAIR, REGARDING THE COMMISSION'S POLICY PROPOSALS FOR WATER RESOURCE MANAGEMENT From Council Member Karen Eoff, dated December 28, 2017. Postponed: January 23, 2018 (Note: There is a motion by Ms. Eoff, seconded by Ms. Poindexter, to close file on Comm. 678.) EMC -10 February 20, 2018 CHR. O'HARA: Thank you, Deputy Clerk. And for everyone's information, Keith Okamoto (Water Supply Manager) and Kawika Uyehara (Deputy Water Supply Manager) are in the Hilo Chambers, should we have any questions after the presentation by Dr. Bennett. So Dr. Bennett, you ready to go there? Okay, thank you. (Note: At this time, Rick Bennett Ph.D., Environmental Management Commission Chair, came forward and gave a PowerPoint presentation to the members of the Committee. For viewing of the subject presentation, see the DVD copy of the meeting proceedings on file in the Clerk's Office. A copy of the PowerPoint presentation is made a part of the record, see Comm. 678.1) CHR. O'HARA: Thank you very much, Dr. Bennett. That was a great presentation. And I'm glad we waited. I'm sorry to make you come back, but I'm glad we were able to accommodate and have time to do discussion. Okay, Ms. Eoff. MS. EOFF: I want to thank you, Dr. Bennett for coming here today and for your really great presentation. And so just a little bit of background, protection of our water resources and our ocean water quality, our eco systems, it is imperative, and it is a priority of mine. So when a lot of discussion came last year regarding the Kea`au aquifer, and the progress being made in Kealakehe Wastewater Treatment Plan, and everything kind of came into a bigger picture of the complete need for a better water conservation measures, I started attending Environmental Management Commission meetings where you were having these discussions. So I found that really enlightening and also a little bit overwhelming, the amount of—well, the critical situation that we find our self in, as well as the amount of information out there and how we are going to implement it. So I did ask the question at the meeting I attended from the commission if they could help me to determine how to move forward or help us as a legislative branch, how to move forward. Which priorities would be the easiest to accomplish and in what order, and those were that kind of questions I had. I never really expected the formal letter that came back but when I got it, I thought well maybe there is some way I can share it with the rest of the Council. So the idea for this presentation came forward. And I really hope you will continue to work closely with us so that we can accomplish some of the goals, the small ones and the larger ones here. And I know, that we have the Department of Water Supply in Hilo and we have the Director of Environmental Management here and I believe Mr. Tanaka is from Public Works. And actually, you know, no one's here from Parks but eventually I realized all four of those departments are going to need to be in communication as we move forward with the projected 2020 goal of creating the reusable water out of the Kealakehe Wastewater Treatment Plant. Because as you noted, we are planning Page 2 EMC -10 February 20, 2018 to develop the regional park at Kealakehe where some of the green space and wetlands could be constructed or will be constructed but that takes Parks as well as Public Works. And then the problem of Environmental Management is in charge of the plant, yet Department of Water Supply has to play a role in the distribution of the water, I think. You know, I think that's still something that the two departments need to get together on. So I'm going to yield and let my fellow Council Members who probably still would like to participant in the discussion, ask you some questions too, but I just want to thank you and I will continue to be in touch with you and your colleagues too. Better understand how best to move forward as a Legislative body. Thank you. MR. BENNETT: Thank you. And as long as I'm on this island and still vertical, I would be more than happy to assist anyway I can. MS. EOFF: I know you are. CHR. O'HARA: Thank you, Ms. Eoff. Others who have questions, anyone? I can't see the lights from down here. Okay. Ms. Ruggles. MS. RUGGLES: Thank you, Mr. Bennett that was a very quality presentation. I'm really grateful for the ideas that you presented, I think that they were common sense and it's refreshing to see someone who cares who much and has—that brings that awareness and expertise to this issue. I wanted to ask youI have been talking a lot about looking into things like tiny homes, and according to different building codes, greywater management has been one of the biggest concerns around that, as well as wastewater with the toilet systems. And so I did some research, it was brought to my attention that the last legislative session, Senator Kalani English on Maui had past a bill, I don't have it on hand with me, I don't know the number, but it reads that all counties shall authorize or shall provide a way for residents not connected to a municipal wastewater system to have composting toilets. And considering, according to your presentation that toilets are almost a quarter of our water use, I think that it provides us with a very big opportunity for water conservation. So I just wanted to get your thoughts on that. MR. BENNETT: I have a cottage on my farm that has a composting toilet and it has a greywater reuse system for the bananas there. In fact, the cottage is completely off the grid, it has a potable tank system. Since I'm the one who cleans the composting toilet, I have intimate experience with it. And I have to be honest, it's not going to be popular. But there is hope, the Gates Foundation recently sponsored a Reinvent The Toilet Competition. And if you go on line, you can see this. I made the information available to the Environmental Management Commissioners. And Stanford University and MIT participated, and the intent was to bring toilets to the lesser developed countries, where 10,000 children die every day from dysentery, because the drinking water is Page 3 EMC -10 February 20, 2018 contaminated with human waste. And so what can we do? What impressed me about the winners of that competition, this is a simple appropriate technology, it's even portable, you can set these things up in the public and it takes human wastewater and turns it into a resource, while making that resource safe. And they have clearly been thinking way outside of the box. And so the menu of choices we have for a small home or a large home for that matter, is very limited and its limited because of what I consider the institutional nearsightedness of the public health institutions in this country. I have often said, it would be nice if they got in to the 21st century microbiology. It's like what they learned in college back in the 50's, is still the mantra today, and it's not. We can do it well, we can do it safely. One of the greatest problems with toilet waste is we add so much water to it. And it gets combined and the aggregate must be managed as blackwater because blackwater is potentially dangerous. It can be done. MS. RUGGLES: Thank you. Yeah, I'm curious, the Department of Health and guidelines on composting toilets are extremely stringent and expensive, completely unrealistic and at the end, you have to dispose of the compost in a wastewater treatment facility or the landfill. So it ruins the whole purpose of even using a composting toilet. But I'm excited that ideas like this are at least being brought to us from really incredible and trustworthy commissions that we're working with. So I just wanted to mention that and appreciate you. Thank you. MR. BENNETT: Yeah, if it's any consolation, there is some very contemporary science, like last year where microbiologist using DNA technology, it looked at all the microbes in human waste, and there are over a thousand -different specie. What they couldn't find as they surveyed hundreds of people in many locations around the globe, were pathogens. They're not present when people are shealty. They are present when people are sick. And so I understand that the goal of the public health regulations—but in this day and age, it is complete as you say, overkill. MS. RUGGLES: Yeah, thank you. I have one last question. You said that we're looking at four to six thousand new homes in Kona. MR. BENNETT: That was an estimate that the planners in the Queen Lili`uokalani Trust shared in a meeting that my friend was at. MS. RUGGLES: Okay. That's all the questions I have for now. Thank you. CHR. O'HARA: Thank you, Ms. Ruggles. And I'm just reminding the Council that Keith Okamoto is present in Hilo, if you have any questions for him, too. Anyone else with questions? Mr. Kanuha. Page 4 EMC -10 February 20, 2018 MR. KANUHA: Thank you. And mahalo for your presentation. One of the questions I had was, I know you provided some action items that the County could implement, you know, you talked about adopting all chapters of the Uniform Plumbing Code 2015 and the green supplement. I'm just wondering within those chapters—or why haven't—you know, maybe it's something I can ask the County about within those what is stopping us or the County from maybe adopting some of those standards or you know, the greywater. Does it have to do with the State, some State laws or I have no idea what the issues are with that. Is there a political, is there not a political wheel to adopt some of these standards, or is there some push back from I don't know, government agencies and maybe I can bring up Public Works? MR. BENNETT: Yeah, I think that would be best. I don't want to speak for them. (Note: At this time, Mechanical Engineer III Neil Tanaka came forward to address the members of the Committee.) MR. TANAKA: Good morning Council. My name is Neil Tanaka, I represent DPW (Department of Public Works) the Building Division and specifically the plumbing section. I'm the Mechanical Engineer III for DPW. And regards to Building Code, Plumbing Code adoption. Right now, we are mandated by the HRS (Hawai`i Revised Statutes) which governs the State Building Code Council and the State Building Code Council essentially adopts their version of the Plumbing Code. From there as a County, we have two years to amend it specific to our County requirements and or needs, and adopt it at our level. So currently the 2015 is not even on their radar. Currently they're looking at 2012 code and they're still about six months out, and as I said, upon their adoption of that code then as a County at the DPW level, we have two years from there. So we're looking at 2020 for the adoption of a 2012 code. MR. KANUHA: That's kind of—doesn't that seem kind of shocking that we would adopt something that the standards would be in 2012. I know that's the process of this now, but it seems kind of—thinking like ten—in eight years, a lot of things change. MR. TANAKA: Absolutely, I mean, I believe that there is, at the State Building Council level, a new legislation that says that upon publication of the new code the State has I believe 18 months, to adopt it. And then at our County level we're still two years. So if we're in 2018—the codes come out every three years, so there should be a new 2018 plumbing code published and now the State has to go and do their assessment of that code, apply their amendments and then from there we take their code. MR. KANUHA: So that's how the process has to go through that. Page 5 EMC -10 February 20, 2018 MR. TANAKA: Yes. MR. KANUHA: Or the County can you know, see certain things within the 2018 code that we could implement without the State or without this—that organization. MR. TANAKA: I believe one of challenges with regards to a code adoption is that specifically, we are mandated by HRS and the State Building Council to adopt according to what they adopt prior to us. MR. KANUHA: Okay. I can go and check maybe talk about—later on at a different time about that process but MR. TANAKA: Sure. MR. KANUHA: It seems kind of outdated I guess especially if we're trying to implement a lot of these WaterSense guidelines and MR. TANAKA: Please don't get me wrong, the current code with regards to low -flow toilet flushes, and water conservation, metered faucets, is in the code currently. I mean, there are provisions for greywater in the 2000 code, excuse me, the 2006 code that we are using currently; but again, that's regulated by the State because typically for the individual wastewater system septic and cesspools, that whole process goes to them. But it is limited with regards to only subsurface irrigation. So I'm not sure what the 2015 code even says with regards to above surface irrigation. But that's, again, when we get the chance to assess it, that's when we would implement it. MR. KANUHA: Oh, and thank you. And you know, you guys are the experts in looking at these plumbing codes, and you know, we're just the lay people you know, trying to understand how we move forward in, you know, the water conservation and, you know, even the cesspool—you know, trying to get rid of all the cesspools by a certain time, reduce the amount of nitrates and phosphorus going in to our waters. I can understand that it's how we implement these policies to get us off of what we're doing now, that are hurting our, you know, our near -shore environment, our water quality within our subdivisions, that is something that, you know, we want to be pushing for. And I just hate to see bureaucracy get in the way of these high standards that we need to have in our communities. MR. TANAKA: You know, enforcing the plumbing codes essentially is water conservation but above most—above all, is public health and safety. MR. KANUHA: Yeah. Page 6 EMC -10 February 20, 2018 MR. TANAKA: And so giving us a chance to assess what the codes actually say for that implementation is I think, due process. MR. KANUHA: Got you. Okay, I know there's a lot of things happening, you know, in terms of infrastructure for the County, especially on the west side that I know about. You know, the switching over to R- 1, I think it's a great thing and hopefully we can provide a lot of that water for the regional park if it ever happens. But I mean, all this comes at a huge cost. Yeah, so it's not something that takes, you know, one year, two years, this takes a long time to get to fruition, so. I mean hopefully we keep on moving forward with that and then, you know, trying to move forward with the lessening of our cesspools. Those are some of the big things and challenges at the same time, that we have to move forward on, but I'll yield at this time to the rest of the Council. But thank you for the presentation and some of the answers. CHR. O'HARA: Alright, anyone else would like to make comment? Okay, seeing none. Mr. Okamoto, you're in Hilo still? MR. OKAMOTO: Hello, can you hear me? CHR. O'HARA: Yes, we can hear you loud and clear. Do you have any comments to make with regards to the presentation and the Q&A here? (Note: At this time, Water Supply Manager Keith Okamoto came forward to address the members of the Committee.) MR. OKAMOTO: To the presentation, no. I think Mr. Bennett has a lot of great points in the presentation. Hopefully you folks all received the copy of our letter dated February 2, indicating some of the efforts that the Department of Water Supply is undertaking at this time regarding conservation. If you didn't get a copy of that, let us know, we'll be happy to forward that to you folks. CHR. O'HARA: Okay. Does anyone need a copy? I remember receiving it. And just fill us in. What is the Board of Water Supply doing to promote WaterSense and appliances that are conserving in water use. MR. OKAMOTO: So in general, maybe not so specifically as far as WaterSense appliances, but our strategies are basically four -fold. Reduce and minimize waste of potable water, reduce demand-side potable water use, protect the quality and integrity of fresh water resources, and use fresh water for the highest beneficial use and use alternate water sources for non -consumptive uses. So our approach at this time, really to wrap it up, is more along the lines of education and engagement. And you know, it is refreshing to see someone like Mr. Bennett with his actual, you know, actual personal actions regarding conserving his water Page 7 EMC -10 February 20, 2018 use and things like that. We don't condone anybody breaking the Department of Health rules or laws or anything like that, but I think the level of awareness is something to be commended. And that's what we're trying to accomplish with some of the efforts that we're doing, as far as educating our customers on those four strategies, as well as doing our part in protecting the water resource, the aquifer quality and quantity. CHR. O'HARA: Alright, thank you. I seem to recall that the utility played some role in, our electric utility, played some role in dispensing—well, they used to dispense the shower heads to conserve water, and other ways to conserve water, because it does translate into higher electric cost or higher consumption on island. So that was part of the demand-side management program for a while. Do you know if that's still happening? MR. OKAMOTO: I think there was a program with Hawaii Energy. But those are other initiatives that we're also looking to implement on our side as well. Some of the other things that we're doing is, in Kona specifically, was at Rain Barrel Rebate Program. We did a pilot project to offer those who qualified a rebate for Rain Barrel use to capture the rain water from the gutters to use for their irrigation. But yeah, I encourage you folks to take a look at our letter, it's five pages long, there's a lot of details on the things and the initiatives that we're currently working on as well as things we're looking to implement in the future. CHR. O'HARA: Alright, thank you very much. And seeing no other comments from the Council, I guess we're ready to vote to --oh wait, Mr. Richards decided he has something here. MR. RICHARDS: Yeah. Thank you, Chair. Mr. Okamoto, does Department of Water Supply have a measurable metric stacking population against total water delivered over the last, say 10 or 20 or 30 years? What I'm looking for is—are we actually making a reduction based upon the population growth and gallonage use per person over time? Do you have that metric? MR. OKAMOTO: We actually do. We haven't really initiated a strong conservation program in the past. This is an effort that we're recently really trying to beef up on our end, so we do have more like a base line metric, I would call it. We have 23 different water systems and each one has unique characteristics and what not. So each one has its own, I guess, baseline on per capita water use per water system, and those are things that we'll be using to gage our success or areas where we need to improve on our conservation efforts. We're really trying to step up our conservation efforts, primarily in the leeward side; Kona, Lalamilo; those areas in particular. So we're definitely be having some measurables in those two areas to start with. MR. RICHARDS: Okay, thank you. I yield. Page 8 EMC -10 February 20, 2018 CHR. O'HARA: Okay, I guess we do have more questions, now. Ms. Lee Loy. MS. LEE LOY: Actually, if I could call Mr. Tanaka back, because I sat here thinking through this. HRS has to do the code and then Hawaii County has to implement it into its code. What Uniform Plumbing Code are we operating under currently? MR. TANAKA: Currently, we're under the UPC 2006. MS. LEE LOY: 2006. MR. TANAKA: Right. MS. LEE LOY: But you said, a new one comes out every three years. MR. TANAKA: Correct. MS. LEE LOY: Do we have to incrementally adopt them, or can't we just skip over and start looking at the 2018. I mean we're already behind the curve and can't there be a business decision to say, hey, put this one down guys because by the time we adopt it, we're going to have to look at a new one. And I think that's how we take some of the bureaucracy out. MR. TANAKA: Yeah, I understand MS. LEE LOY: And I see Mr. Kucharski, his smile is too big right now. MR. TANAKA: Well, he does have a nice smile butI'm going to have to defer that to my administration with regards to addressing that. I'm fairly certain that this is a statewide concern. It's not only the County's independently. I'm not sure specifically why the State isn't addressing it at their level, but again I did mention that there is legislation as the new publications are published, that they are under a stricter timeline. So this should eventually catch up with regards to us adopting more current version of the code. MS. LEE LOY: Actually, using Dr. Bennett's analogy, I think that is the most low -hanging fruit we should go after, which will accelerate some of the other changes necessary. And I actually see that as a better nexus to change than trying to incrementally make changes in our Plumbing Code and our Building Code and greywater collection. That's just my planning head thought. And maybe you can take it up with others. MR. TANAKA: I would be happy to do so. Page 9 EMC -10 February 20, 2018 MS. LEE LOY: Thank you very much. CHR. O'HARA: Alright, Dr. Bennett you have the last comment. MR. BENNETT: If I'm not mistaken, Maui County has chosen to go ahead of the State. Kauai County is looking at moving ahead of the State. I think the HRS has a minimum set of standards, but nothing precludes the County, and if I'm not mistaken, from adopting more strict standards or more progressive standards. Is that your understanding? MR. TANAKA: I can not speak for the other counties, I'm not aware. But I'll let you know, I'll update the Council. CHR. O'HARA: Yeah, that would be something to look into definitely. It does appear that we've skipped in the past, if we're working on the 2006 code. We never adopted the 2009, so now we're considering the 2012, it does seem like we need to start skipping some steps here to get up to a more progressive code. I see some heads going—nodding in the back so that is something to look in to. MR. BENNETT: If I may, the handout of my presentation, that schematic, that's Maui County and it references some ordinances that they have already adopted that are more strict then what the State is requiring. CHR. O'HARA: Okay, sounds good. Okay, Ms. Lee Loy. MS. LEE LOY: Yeah, thank you and I appreciate that Mr. Bennett, but they also have some other issues where they are under different aquifer issues. So I want to be able to compare apples with apples and oranges with oranges. So I appreciate the forethought that other counties have, but they have—and I still think—the EL aquifer has been designated. So you know, I appreciate what you're putting out there, but I don't want to give false hope that we can actually do what another county is doing because they have other designations going on for them. So if we could just leave it there. Thank you. CHR. O'HARA: Alright, we're all wrapped up. Anybody, last minute comments? Okay, great. Can we call for a vote to file—I'm sorry, I have it in front of me—file Communication 678. It's already moved. We're just taking a vote. All those in favor please say "aye." Page 10 EMC -10 February 20, 2018 Vote on Comm. 678: The motion to close file on Comm. 678 was carried by the Filed following voice vote: Ayes: Committee Members Chung, David, Eoff, Kanuha, Lee Loy, Poindexter, Richards, Ruggles, and Chair O'Hara — 9. Noes: None. Absent: None. Excused: None. CHR. O'HARA: Thank you. ORDER OF The Chair directed the Committee to proceed to the next order of business, order RESOLUTIONS: of Resolutions. (There were none.) BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. (There were none.) ADJOURN- There being no further business, at 2:16 p.m., Ms. David moved to adjourn MENT: the meeting. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Committee Members Chung, David, Eoff, Kanuha, Lee Loy, Poindexter, Richards, Ruggles, and Chair O'Hara — 9. Noes: None. Absent: None. Excused: None. Approved: /-.00 Ms. Eileen O'Hara, Chair Environmental Management Committee EO/vc (Date) Page 1 1