Loading...
HomeMy WebLinkAbout2019-05-22 Meeting Minutes (EMC) ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF HAWAIʻI MEETING MINUTES Wednesday, May 22, 2019 9:07 a.m. to 11:39 a.m. Aging and Disability Resource Center 1055 Kinoʻole Street, Suite 101 (Training Room) Hilo, Hawaiʻi 96720 Commissioners present: Richard Bennett, Ph.D., Chair John Burns, Ph.D. James Fritz Dee Fulton (arrived 9:35 a.m.) Rick Gaffney (arrived 9:35 a.m.) Jon Olson, Vice Chair Justin Pequeño Staff present: William Kucharski, Director Diana Mellon-Lacey, Deputy Corporation Counsel Mary Fujio, Secretary Also present: Cory Harden, Roy Kadota, and Steve Holmes 1. CALL TO ORDER Chair Bennett called the meeting to order at 9:07 a.m. and said he was informed that Commissioners Gaffney and Fulton would be late due to a detour on the highway caused by an accident. He said he was changing the agenda to start with his presentation on the R-1 upgrade. 5. NEW BUSINESS b. Presentation by Chair Bennett entitled “The R-1 Upgrade: Good News with Caveats.” Some highlights from Chair Bennett’s PowerPoint presentation: • These are his opinions on the project, and he never represented the EMC when making the presentation. • With flushing toilets, the contents are largely out of sight and out of mind. • An estimated 20% to 30% of the homes in Kona are in front of the sewer line and may or may not be connected. • In 1990 the EPA granted the county $23 million to build the Kealakehe WWTP, with reclamation of wastewater as part of the contract. Users did not line up to use it. In 2007 Mayor Kim instructed that the project move forward. In 2019, at last, the EIS was published and the project is moving forward. • The Kealakehe WWTP sump deals with almost 2 million gallons per day. It is economically attractive compared to a reclamation project, but the microbiological quality of the water is largely unknown. The water goes into a hole, which makes it behave like an injection well. • The R-1 upgrade is a step toward resource recovery. It is a big issue around the world, as fresh water is getting increasingly scarce. • The upgrade proposes constructed wetlands, and the expectation is a 90% reduction in nitrogen. He has questions about this. Disinfection will be by UV, which is a major step forward. • Reuse by irrigation is an objective. When the water is not reused, it is proposed to be disposed of by the SAT ponds, and it is anticipated that 90% of the phosphorus will be removed. The question is whether the 10% left will be significant when where it is going is already over-nourished. • Constructed wetlands are well studied and documented and should work without much potential for error. But he questions how they will be monitored and controlled. • The SAT ponds appear to be special percolation ponds rather than SAT ponds. There is a lot of iron in the blue rock sand which should chemically absorb phosphates. The EIS author calls the area underneath the ponds “basal groundwater lens.” However, there is no basal groundwater lens, as the whole Kona Coast is laced with subterranean estuaries. The water is cool in these estuaries, and the level rises and falls with the tides, which means they are connected to the ocean. • SAT ponds are used all over the world, but the operative is there has to be soil. There is no soil here for the SAT ponds—there is fractured blue rock and lava rock. • The SAT ponds will be in the relatively near shore area, and the leachate from them will move into brackish water and from the tide get discharged into the 2 ocean. This raises issues relative to the court decision about Maui’s injection wells. Maui County is considering pulling out of the appeal, so the issue will not go to the Supreme Court. - Director Kucharski said he believes that even if Maui County pulls out of the case, there are other parties with standing and an appeal would go forward. Chair Bennett said the Ninth Circuit Court ruling is the law today. • The state DOH has no experience regulating SAT ponds, and the monitoring details are not provided in the EIS. It is his view they need to talk about how to best monitor something that is largely an experiment. • The waters off the Kona Coast are listed as impaired, which means they need special management. The EPA requires this, but the state is not doing it. • There are several potential users for the R-1 water irrigation plan. However, the users will have to do the math to account for the nutrients in the reclaimed water so they do not add fertilizer when it is not needed. Irrigation requires professional management. • Salty wastewater is a threat, as most sewers leak, and salty water will harm the plants irrigated with it. Sewer lines based on the vacuum system should be built, as leaks are detected almost instantly. • The price for healthy oceans is eternal vigilance. Chair Bennett finished his presentation at 9:43 a.m. 2. APPROVAL OF MINUTES OF APRIL 24, 2019 Motion and second: Commissioner Gaffney moved to approve the minutes, and Vice Chair Olson seconded the motion. Discussion: Commissioner Pequeño said he wanted a change made on page 2, in the last sentence under item 4a, to add the word “likely” regarding HB 444, so that it would read: “It is likely being used as a bargaining chip.” Motion, second, and vote: Commissioner Gaffney moved to approve the minutes as amended, Vice Chair Olson seconded the motion, and all commissioners voted aye. 3. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS There were no statements from the public. 3 4. UNFINISHED BUSINESS a. Continued discussion on progress and future efforts to identify and control brackish water infiltration in coastal sewer lines, including Commissioner Fritz’s report on whether the Roto Rooter business has the ability to check laterals. Commissioner Fritz apologized that he had not checked with the Roto Rooter business. Director Kucharski said the Wastewater Division has a CCTV mobile camera that is used to check lines, and they also take salinity tests of conductivity between manholes. There is 2017 legislation that gives the county authority to check private laterals going into the public sewer system for infiltration and to require the owner to complete repairs if so. The county will need to create an ordinance to do this, and then administrative rules will be needed. The biggest issue DEM has is not technological but the lack of manpower. The EPA has funded an asset management program for DEM, and part of it requires and gives DEM the ability to track and systematize how their systems are checked. Once their data is documented, they will have an enhanced ability to identify infiltration areas. Things are moving, but slowly. The commissioners asked, and Director Kucharski answered, questions about: • whether the CCTV probe does only visual testing or will include other kinds of testing, • whether manholes are opened on a regular basis to check chloride levels, • whether infiltration causes the liquid level inside sewage lines to increase • how the department finds out there is a sewer problem, • whether an influent monitoring program at the treatment plant would be valuable for detecting elevated chlorides, and • whether a chloride conductivity monitor on the influent would be feasible. Director Kucharski said some areas still have cast iron sewer mains and pump station force mains which need replacing, and the department is being challenged by a lack of personnel to manage and get this done. It is disheartening. They have ten new positions that have been approved, but it is very difficult, especially in the Kona area, to hire people with the necessary level of experience. For example, two currently open positions have had only one applicant in the past six months. The department has a problem attracting and keeping people. Chair Bennett asked Steve Holmes if he was aware of the influent monitoring activities in Honolulu. Mr. Holmes said he has been trying to hook Director Kucharski up with Tim Houghton, the Deputy Director of Environmental Services in Honolulu. Honolulu is in a different situation from the Big Island in that there are multi-billion dollar federal consent decrees governing a lot of what is being done. Many resources are being directed towards solutions related to the collection system, and much of the work is being 4 contracted out to private entities. He would encourage the EMC to look at those types of solutions, given the hiring problems on the Big Island. With modern technology, fairly small sensor systems could be put in key places to actively monitor flows and provide an idea of infiltration and inflow. The director could explore those technologies with the Honolulu people and then lobby the council for the needed funds. Director Kucharski said he would check on TDS (total dissolved solids) monitoring systems that might be useful and report back on it. Mr. Holmes said they generally are a good investment, and focusing a lot of effort on the collection system is very cost-effective. Chair Bennett said he was not comfortable with just looking at TDS, and Director Kucharski said he was not certain he could afford to get effective TDS monitors, let alone high level analyses. Chair Bennett said they could both check into simple conductivity. He has been an advocate for reclaimed water use for many years and is concerned that if the Kealakehe reclaimed water is used on plants, the chloride in it will kill them and create a hard-to-heal scar in peoples’ minds about reclaimed water. Vice Chair Olson said he could not miss pointing out that the county may be throwing a lot of money into a system that will be inundated with the rise in sea level. Chair Bennett said that issue will need to go into the planning horizon at some point. He has been looking into having Josh Stanbro and some of his staff hold some public meetings in Hilo and Kona to raise awareness on this. b. Continued discussion on the options and procedure to update the Commission’s scope in order to be more aligned with the Department of Environmental Management’s functions in the foreseeable future. Includes the status of Chair Bennett taking this matter to Councilmember Tim Richards. Chair Bennett said the first step on this is to send a letter to Councilmember Tim Richards and meet with him to see what input he would like from the EMC, and also to specifically address the issue of encouraging the county to adopt the new Uniform Plumbing Code and Green Supplement. From his point of view, there is nothing to stop the county from doing so, as the Hawaiʻi Revised Statutes say the counties can adopt the rules they see fit. The commissioners were provided with a draft letter to Councilmember Richards for review. Motion and second: Commissioner Gaffney moved to accept and send the letter, and Commissioner Fulton seconded the motion. Discussion: The commissioners discussed the appropriate title for Councilmember Richards and decided to use “Dr.” instead of “D.V.M.” Chair Bennett said he and Commissioner Gaffney would follow up on the letter with an invitation to meet with Councilmember Richards to discuss this and other things he may like from the EMC, and that it is possible through this relationship that the EMC’s scope may change and shift a little. 5 Vote: All commissioners voted aye. 5. NEW BUSINESS a. Begin discussion about the proper monitoring of the R-1 treatment process, SAT pond function, wetlands performance, and the recommendation for a written plan and reporting. Chair Bennett said the EIS on the R-1 project did not spell out the details of how things will be monitored. Director Kucharski said that DEM will comply with the requirements that are put forth by the entity that issues the permit. The designers were mandated to provide a way to monitor post-SAT effluent so a determination could be made that the SAT functions. The DOH will be consulted to determine the number and location. If the EMC wants to put together a recommendation or position on the monitoring, it can be examined and discussed with the DOH. Chair Bennett said he knows the DOH has requirements, but they gloss over issues such as nitrogen and phosphorus. Director Kucharski explained that DEM has not yet applied for a discharge permit for the R-1 and SAT ponds, and he would note the goal is to not have to use the SAT ponds. DEM is prepared to monitor the R-1 post-treatment and comply with whatever the DOH says to do, as the EPA has delegated the DOH to utilize and administer the Clean Water Act. Chair Bennett said the DOH chooses not to require things they should, and the EMC has an opportunity to say we can do better than that. He asked if any of the commissioners would be interested in formulating a monitoring program to address the unique needs of the Kona coast, including what should be monitored, how frequently, and who should do it. Commissioner Fulton volunteered. Commissioner Burns said he would be happy to provide input, but in his experience, coastal monitoring is very difficult, and no one plan fits all. Chair Bennett clarified that the focus should be on what is coming into and going out of the wetlands and SAT ponds. Chair Bennett said they would form a subcommittee to work on this project and report back to the EMC. Director Kucharski said he would request that if there is monitoring, it should be done up gradient of the discharge and down gradient of the discharge, because everything that is brought down from mauka groundwater flows needs to be taken into account. Motion and second: Vice Chair Olson moved to “have a subcommittee to look at the details and monitoring of the wastewater stream in Kealakehe.” Commissioner Pequeño seconded. Commissioner Gaffney pointed out the motion was not correct, as they were discussing proper monitoring of the R-1 treatment process, which is different from monitoring the waste stream. Vice Chair Olson concurred. 6 Motion amended and seconded: Vice Chair Olson moved to create a subcommittee to formulate a monitoring program for the R-1 treatment process, and Commissioner Pequeño seconded the motion. Discussion: Chair Bennett said the subcommittee could study whether the plans are congruent with the EMC’s hopes. The public assertion has been made that the two components are going to reduce the nutrients by 90%, and a monitoring system should be developed that will track that to make sure they’re in the ballpark. If they’re not in the ballpark, adjustments will be needed. He wants to make sure there is a mechanism in place to detect if the system is not functioning properly. He called for a vote. Vote: All commissioners voted aye. 6. REPORTS/CORRESPONDENCE a. Chair’s report on pharmaceutical and personal care products (PPCPs) in wastewater and the effects of treatments for their removal. Chair Bennett said the subject of PPCPs in wastewater has been gaining global attention, as some of the chemicals have potentially profound effects on the environment. At the same time, it is scientifically impossible to look at the vast list of different chemicals and definitively state what is going on. He has been advising people that until such a time as one or two of the chemicals emerge as a significant threat, they need to be patient and not run around saying everything needs to be measured. Encouraging data is showing that most of the chemicals are nearly 100% degraded in the wastewater treatment process. b. Director’s Informational Report. Director Kucharski welcomed Dr. John Burns as a new commissioner and thanked him for answering the call to serve the community. • Status of the proposed Pāhala and Nāālehu Wastewater Treatment Plants: ʻThere have been some changes with the EPA’s cross-cutting requirements that are related to the use of State Revolving Funds. SRF funds are federal funds given to the state, which the state then gives to the counties at a very low interest rate. Most of DEM’s infrastructure projects are funded through SRFs, including the Pāhala and Nāālehu WWTPs. There is a ʻnew requirement that if federal funds are going to be involved, the historical review has to be completed before any intrusive investigations can be done. The State Historical Preservation Division (SHPD) has been taking a long time to do these reviews because they, like DEM, are under a shortage of personnel. The Pāhala EA cannot be completed until the SHPD review is done and approval is given. The project schedules are being pushed back because of this. 7 • Status of the polystyrene ordinance: Yesterday he received a communication from Councilmember Richards on Bill 74, which proposes definitional changes to the polystyrene ordinance. There is be no change in the date when polystyrene is banned. However, when the original bill was written, it was believed a compost facility would be available, and this has not happened. Bill 74 recognizes this and changes some definitions to accommodate new circumstances. He is going to recommend a slight change in the definition of recyclables. Because the polystyrene ban starts on July 1, 2019, there is a time crunch to have two readings of the bill before then. Therefore, he asked the EMC to provide their recommendation on the bill for the record, so it can proceed quickly to the full County Council. Roy Kadota, who was watching the proceedings, asked if he could speak, and Chair Bennett allowed him to do so. Mr. Kadota said he is from Mr. K’s recycling down the street, and his brother has a drive-in business next door. He was told by DEM’s recycling section that the only plastics they can use are #1 and #2, but everybody has been buying #5. Director Kucharski said the purpose of Bill 74 is to fix the problem by deleting that requirement, and the intent is to have it done before July 1, when the polystyrene ban takes effect. He said he could speak with Mr. Kadota after the meeting to fill him in. Chair Bennett said a motion by the commission would give the best support. Motion, second, and vote: Commissioner Gaffney moved that the EMC agrees with the language of the ordinance as modified, Commissioner Pequeño seconded the motion, and all commissioners voted aye. Director Kucharski continued with his report. • Status of the Kealakehe WWTP R-1 Upgrade Project: A grant proposal has been submitted to the U.S. Bureau of Reclamation. The cost of the project is about $90 million, so a grant would be very appreciated. Getting the system online may be delayed, depending on the EIS process and Section 106 review. • Status of proposed bill regarding the EMC’s 45-day review period of legislation: He drafted a bill and forwarded it to Corporation Counsel for review. It has been sent to Councilmember Richards with a request that he sponsor and move it forward. • Authority to require private laterals to correct high inflow and infiltration: State legislation now allows this, but permission for the DEM to do so is not yet in the Hawaiʻi County Code, so County Council action will be needed. His main concern is intrusion from hotels rather than homes. 8 • Clarification on the sump in Kona, which has discharge limits that act as a permit: Director Kucharski pointed out to Chair Bennett that the sump does not have a discharge permit, but has an authorization to discharge called “approval to discharge.” Standards have to be met to have this approval. • Update on the department’s budget: The first reading on the county budget is today, and no amendments have been received regarding DEM’s budget. Chair Bennett said he wanted timelines on when the R-1 system will be operating, and Director Kucharski said the schedule was to have it available and running in late 2020. However, as he informed them earlier today, the EIS cannot be finalized until the 106 review is done, so it may be pushed back. Chair Bennett said he wanted an update at the next meeting on DEM’s vacant positions and how long they have been open. Director Kucharski said the whole hiring process is lengthy and complicated, and all applicants go through the county’s Human Resources Department for screening on qualifications. There can be multiple applications for a position, with no one actually qualifying. Chair Bennett asked about training opportunities for employees, so they can move up, and Director Kucharski said he can report on that. The process has been changed recently so that if an employee in a lower position gets a license for a higher position, he can receive the pay for the higher position while being in the lower position. Progress is being made. They are also checking on whether they can get third-party professional services contracts to support their operations and have received some sample contracts from Honolulu. In addition, a federal program has been providing training for their wastewater workers through the Hawaiʻi Rural Water Association. 7. FUTURE AGENDA ITEMS Chair Bennett told the commissioners to let him know if they want anything placed on the next agenda. Director Kucharski said he would like to have George Hayducsko, the head of DEM’s recycling section, come and discuss the recycling program and answer questions about what they do and their limitations. Ms. Mellon-Lacey brought up training, as the commission had requested training on the Sunshine Law and appeals. If she is to train the whole commission, it needs to be done at a meeting and perhaps could be done at the end of a regular meeting. If someone wants to appeal a decision by Director Kucharski, the EMC is the entity charged with hearing the appeal. The training should take under two hours. The commissioners decided they wanted the training at their next Hilo meeting, on July 24, 2019. The secretary was instructed to check on extending the reservation for the meeting room into the afternoon. 9 Chair Bennett asked Commissioner Burns to say a little about himself, as he has some unique training and experience. Commissioner Burns said it has been a learning experience sitting through his first EMC meeting. He is a professor at the university, and biology is his primary area of expertise. He is hopeful he can provide insight on the EMC’s issues, as he has worked the past ten years on a range of projects involving groundwater nutrients. He also has a specialty in statistics and can help on that front. He has learned that water issues are highly dynamic and difficult to understand. He is hopeful his background will be of value. Chair Bennett said they are honored he saw an opportunity to serve in the EMC. Commissioner Gaffney asked the Director, as he has been doing each meeting, whether the DOH analyzed the potential sewage leak on Aliʻi Drive that Commissioner Fear used to ask about. Director Kucharski said he sent another email about it but had not heard back. He will ask again. Director Kucharski mentioned that Kealakehe R-1 project was given a $750,000 grant by the state to aid in the purple pipe design for the regional park and other R-1 uses in the area of the R-1 facility. The desire is for R-1 water to go to all the toilets and hose spigots. The county has a 20% match. Chair Bennett asked if they could get an update on the park plan, and Director Kucharski said he would ask about the schedule and report back at the next meeting. 8. ANNOUNCEMENTS Chair Bennett announced the next meeting: June 26, 2019, at the West Hawaiʻi Civic Center, Building G. 9. ADJOURNMENT Motion, vote, and second: Vice Chair Olson moved to adjourn, Commissioner Pequeño seconded the motion, and all commissioners voted aye. The meeting adjourned at 11:39 a.m. Respectfully submitted: Mary E. Fujio, Secretary (with her signature)