Loading...
HomeMy WebLinkAbout2019-06-26 Meeting Minutes (EMC) ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF HAWAIʻI MEETING MINUTES Wednesday, June 26, 2019 9:03 a.m. to 11:05 a.m. West Hawaiʻi Civic Center 74-5044 Ane Keohokalole Highway Building G Kailua-Kona, Hawaiʻi Commissioners present: Richard Bennett, Ph.D., Chair Jon Olson, Vice Chair John Burns, Ph.D. James Fritz Dee Fulton Rick Gaffney Justin Pequeño Staff present: William Kucharski, Director Diana Mellon-Lacey, Deputy Corporation Counsel Mary Fujio, Secretary Also present: Jerome Warren, Sandra Demoruelle, and several other members of the public 1. CALL TO ORDER Chair Bennett called the meeting to order at 9:03 a.m. 2. APPROVAL OF MINUTES OF MAY 22, 2019 Motion and second: Vice Chair Olson moved to approve the minutes and Commissioner Gaffney seconded the motion. Discussion: Commissioner Pequeño noted that the word “area” was missing on page 4, second to the last paragraph, following the word “Kona.” Motion and second: Commissioner Pequeño moved to approve the minutes as corrected, Vice Chair Olson seconded the motion, and all commissioners voted aye. 3. STATEMENTS FROM THE PUBLIC Two people had signed up to testify. Jerome Warren: The wastewater treatment plant being planned for Nāālehu is an ʻ expensive facility. The Council’s Finance Committee approved it on June 3, and it was not sent to the EMC for review and comment. Instead it went to the full County Council and was approved at the first reading. All the debt will be an unnecessary burden on Nāālehu. ʻ The lagoons will breed mosquitos and attract feral pigs. It will be the residents who are affected, not the commissioners. The debt will affect all property owners who live at moderate levels, and it will not affect the commissioners. The EPA enforcement division called him yesterday, and he told them the same thing. He asked them about Mayor Kim’s deadline and the EPA fines, and he gave them examples on the veracity of Director Kucharski’s and Dora Beck’s statements made to the Council and to the EMC. The enforcement staff at EPA District 9 will look at the videos from the June 3 and June 19 meetings, and they can look at the EMC minutes. They are to call him again next week. Director Kucharski has been out of compliance with his federal administrative order of consent, and his excuses to the EPA have avoided fines so far. The EPA took him at his word, but now the EPA’s integrity is at stake if they continue to believe Dora Beck and Director Kucharski. If the EPA loses integrity, Trump gains more votes. Sandra Demoruelle: She appreciates the opportunity to speak on the sewer systems in Kaū. She is very upset, because going back to the original plan of septic conversioʻn is not ever considered. They are looking at millions of dollars in SRF loans. The written testimony she provided shows how the cost has increased over the years. The original plan was accepted by everyone. There was a variance to use the well. Then the big lie came. The Fujioka report does not say the well is failing, but that it is in good condition. It is a big lie to say that the well is failing. Every PER has this lie, and there have been three since the original FEA. They all point to the fact that the well is failing, and that is the only excuse basically given for not doing the original septic conversion. There is no need to go through an EA, and there is nothing to stop the county from spending a few hundred thousand dollars to just put in the septic conversion or a package plant, if it is really decided the septic is not enough. The package plant would cost $4 million of taxpayer money rather than $108 million. 4. UNFINISHED BUSINESS a. Continued discussion and brainstorming of ideas related to the functions of the Department of Environmental Management to share with Councilmember Tim Richards in response to his request for a dialog. Chair Bennett said a tentative meeting is scheduled with Councilmember Richards on July 23, 2019, at 8:00 a.m. here at the West Hawaiʻi Civic Center. The purpose is to have a dialog about what the commission and department can do in this day and age relative to the challenges they are confronted with. One of Councilmember Richard’s concerns was how to have a more equitable distribution of the costs of wastewater management, rather than being shouldered more by those connected to the sewer. He asked for suggestions from the commissioners on other items to discuss. Vice Chair Olson said he is in a zero waste group, and they are trying to figure out how to capture solid waste disposal costs at the point of purchase and make the purchaser responsible for it. If the disposal cost is paid at the point of purchase, people will be paying their fair share of the load. He would like this concept brought to Councilmember Richards, as it would take the cost of the waste stream off the property tax rolls. Commissioner Gaffney said he felt the starting point of the meeting should be to get a better sense of how much Councilmember Richards understands about the issues the EMC grapples with. He feels it should be more of a two-way street, where they can get a sense of what Councilmember Richards understands, and he in turn can learn about the issues the EMC feels are important. Part of the discussion would be more philosophical and economically oriented, to get a sense of whether or not he is up to speed or has unique views. The first meeting should be for both sides to understand where the other side is. Chair Bennett said he can conceptualize this and list it as an agenda item. They will probably have less than an hour to meet, as the Council meeting starts at 9:00 a.m. Commissioner Gaffney said it should not be a one-time meeting, as Councilmember Richards is head of the Agriculture, Water, Energy, and Environmental Management Committee. Another possible agenda item is what the current hot spots are that should be dealt with sooner rather than later, such as Puakō, Queen Kalama to Keauhou, and Hilo Bay. Director Kucharski reminded the commissioners that DEM is not a regulatory organization, and many of the issues they were talking about are regulated by the state. DEM is an operating agency, and that is a core issue and conflict. DEM does not regulate, but rather is regulated. After further discussion, Chair Bennett said the purpose of the meeting with Councilmember Richards is to open a conversation, and they will see where it goes. b. Subcommittee’s status report on the progress made in formulating a recommendation for a nutrient reduction monitoring program for the R-1 wetlands and SAT ponds. Chair Bennett said he and Commissioner Burns had shared a number of communications, and he concurs with him that that they don’t have specific information on the actual operation of the wetlands and SAT ponds. Designing a highly specific monitoring program is not possible until these components physically exist. Commissioner Burns clarified that a major concern with proposing any kind of monitoring plan would be to know the specific schematic design and attributes of the plant. In his experience, monitoring plans are very complex, and it would be premature to propose one at this point. He does appreciate the direction the EMC wants to take. He asked whether an NPDES permit would be needed at some point, and Director Kucharski said the state’s position is that Kealakehe does not require an NPDES permit. Rather, it has state discharge requirements that act as a permit. Further discussion was held on monitoring the wetlands and SAT ponds. Chair Bennett said he has not found evidence that an SAT pond was ever built in Hawaiʻi, and he is a little uncomfortable with the state’s ability to regulate something about which they know very little. Director Kucharski said the State Department of Health has the regulatory responsibility, and it has been delegated the authority to issue permits in accordance with the Clean Water Act. The counties operate under that authority. The county’s consultant does not have a say in what the monitoring requirements are and will need to set up whatever monitoring system the state obligates them to. Commissioner Gaffney said the EMC could, as a commission, make suggestions which might be positively considered by the state. Chair Bennett agreed and said they could exert conceptual leadership. Commissioner Burns said he agreed with that direction, but it is highly premature at this time. The EIS now is just a conceptual idea. They need to wait until the project gets closer to reality, to where permits and approvals are being initiated. Chair Bennett asked the commissioners if they wanted to go on record as recommending to the department that a monitoring program of sorts be implemented to ensure that the goals of the treatment process are met. Motion and second: Commissioner Gaffney moved that the EMC continue the process of developing a monitoring plan recommendation to the department so that the department develops a plan that will take into consideration all the variables the EMC feels are important. Vice Chair Olson seconded the motion. Discussion: Director Kucharski asked for clarification on the purpose of the monitoring, and Commissioner Gaffney said the purpose was for environmental protection. Director Kucharski said that monitoring in itself does not protect the environment per se, and the basic fact is that the county has 25 million gallons of untreated cesspool waste entering the environment every day. The R-1 system would be dealing with 2.3 million gallons of highly treated, totally disinfected, no TSS water that would be going into the SAT for removal of nutrients. Were they asking him to incur an expensive monitoring bill or program for materials the system cannot treat and that probably exist in every outfall, cesspool, and septic system that is entering the environment? From a regulatory and practical stance, this is something the department will consider because it will be coming from the commission, but he cannot see a real strong use for these data. Commissioner Burns added that it can cost thousands of dollars for one sample, and there is a situation where you pass a point of how much you can be proactive. He would be more in favor of a simple request to have some sort of monitoring plan which the EMC would have an opportunity to review. Chair Bennett said the first order of monitoring may simply be nutrients, and later they could move to other tiers of concern. The public is paying $90 million for the system and should be assured they are getting nutrient reduction. Commissioner Burns agreed they could keep it a simple plan to see how it is going. Chair Bennett said another reason for the monitoring is because they have the opportunity to do so. It cannot be done with the cesspools, and now that Kealakehe has been chosen as the primary wastewater treatment site for West Hawaiʻi, it is incumbent on them to assure that the already degraded waters immediately off shore are not being further degraded. Those waters are critical to the future. They do not want to lose the opportunity to do monitoring. A focal point is being created which is going to create concentrated discharge, and they need to know what the long-term ramifications are. Vote: All commissioners voted aye. Chair Bennett said that on multiple occasions they are told how horrible the cesspool problem is, and no one disputes that. However, the EMC cannot do anything about it, as it is outside their purview. They are going to work on what they can work on, as provided by the Charter. This does not mean the cesspool problem is any less important, however. 5. NEW BUSINESS Discuss possible options for providing sewer service to the non-sewered residences on Aliʻi Drive and in the Keauhou Makai areas. Chair Bennett said a number of people in the community are talking about this, and he does not know all the options. He asked the director about grant funds to hire an engineer to look at the options. Director Kucharski said he does not recall a grant for Aliʻi Drive. Although the legislature spoke about providing such monies, he is not aware that they came through. Puakō also has issues. If sewering could be done, an issue to address is whether the public sewer could be connected to a private treatment system. Either the private system would need to be condemned and turned into a county system, or the county would build and sell a public sewer to a private entity and make people connect. It sounds simple, but the devil is in the details. The technical solution is simple, but the political solution is more difficult. Director Kucharski spoke on a $2.2 million state CIP grant for Puakō, which requires a 20% match from the county, to look at all the engineering issues. As the Mauna Lani system is near, the options on how it can be used will be looked at. It is possible that what happens with Puakō can be applied to Aliʻi Drive, which is in the same situation. DEM will be putting out a professional services contract on Puakō, and he is looking at draft language. Commissioner Gaffney said the parallel process is under way in Kona. Cindi Punihaole Kennedy of the Kahaluʻu Bay Education Center, part of the Kohala Center, met with Councilmember Villegas and Roy Takemoto of the Mayor’s Office, who was there to answer some of the questions from the administration’s perspective. Mr. Takemoto is seeking answers on some of these concerns, and Councilmember Villegas is very interested in the subject. The EMC should still make statements they feel are important to the department, but there is this parallel track, because the Council has to be engaged before solutions are found. Commissioner Fritz said a ballot referendum should be done to create a new law. All he hears is we can’t, we can’t, we can’t. Chair Bennett said part of the answer is timing. Though the Charter Commission is done, the Council can also put a charter amendment on the ballot. Commissioner Fritz said they should suggest that to Councilmember Richards. Vice Chair Olson said that on a broader scale, there is the issue of climate change and the ocean rise, and whether it makes sense to invest more in areas that will be inundated. Commissioner Gaffney said the impacts of climate change to what the commission is should be added to the agenda for the meeting with Councilmember Richards. Chair Bennett said there are king tides and the potential for more dangerous storms, which are impacting everything done on the coast. It may be more sensible to remove the sewage lines from Aliʻi Drive and replace them with the one on Kuakini so they are moved out of danger permanently. He asked if the commissioners were ready to recommend that the department develop a feasibility study for both Aliō. They ʻi Drive and Puakcould provide input as the study is developed, and perhaps identify some funding sources. Motion, second, and vote: Commissioner Gaffney moved to recommend that the county strive to develop feasibility studies for sewering Aliʻi Drive, the Keauhou peninsula, and Puakō. Vice Chair Olson seconded the motion, and all commissioners voted aye. 6. REPORTS/CORRESPONDENCE a. Chair’s Informational Report: Clarification of terminology used in the Chair’s presentation on the Environmental Impact Statement for the Kealakehe Wastewater Treatment Plant R-1 Upgrade. • He originally wanted the EMC to be involved in bringing some experts over to talk about the sea level rise, but has been informed this would be outside the EMC’s scope. However, The Kohala Center is willing to sponsor this and will be working to bring in some experts and hold some community forums on the issue of climate change and resilience, and the unique hydrology of the Kona Coast. • When he gave his presentation last month on the R-1 Upgrade EIS, he used the term “subterranean estuary.” He wanted to make it clear he did not coin this term. It was coined around 2009 by a hydrologist named Moore. b. Director’s Informational Report. • As mentioned earlier, the county received grant money from the state to examine Puakō. • The county also received a $750,000 grant to help in the R-1 piping system design for the regional park. It will be the first dual pipe system in the state. The grant is also for a feasibility study for the ag park, which hopes to use the R-1 water. The department will be looking into what can to done, other than fixing the I&I, to reduce the salinity of the R-1 water. • Regarding the Pāhala and Nāālehu WWTPs, there have been some ʻ changes in federal procedures. One change is that no intrusive work can be done on a property subject to an EA until the archeological inventory survey has been submitted and a determination made that it is okay to proceed. For Pāhala, it is necessary to drill along the design route for the collection system, which is not directly associated with where the plant is going to be. The drilling is to look for lava tubes. The county is now a year behind in the design, because drilling and testing cannot be started until the State Historic Preservation Division gives their approval. • The delay for historical review will also affect the R-1 system and the Lanihau force main replacement. He does not see a way for the R-1 system to be designed and to have construction started by the end of 2020. It is being held up solely by the EIS and historical review process. • On the Lono Kona project, the contractor has broken into at least three lava tubes, and one of them held human remains and sewage. The Burial Council was contacted and has removed and interred the remains. The commissioners and director discussed how it is commonly known that lava tubes were used to dispose of waste, and whether there is a non-intrusive way to determine if there is a lava tube. • The polystyrene bill went through its first and second reading, and he expects it to pass with no issue. The ban, while limited to food service entities, is a first step. They are also looking at what can be done with plastics, and Research and Development is looking at using hydrogen buses which could be fueled by collecting the methane at the Puʻuanahulu landfill. • The status of the R-1 system was already reported on. Unless the State Historic Preservation Division comes through quickly, there will be a delay. A full cultural survey will also have to be done on the portion of land adjacent to Queen Kaʻahumanu Highway. Commissioner Gaffney asked if the county would be using the same right-of-way the federal government used to move sewage from the national park, which has a sewer line that runs across Kealakehe Parkway to the WWTP. If there is a right-of-way already designated, it might be used to finish the connection. Director Kucharski said he would check on it. The commissioners discussed and asked questions on: - the R-1 upgrade - the location of the SAT ponds - how there was an irrigated buffer planned at one time - the hydrology from the harbor and at the treatment plant Director Kucharski continued with his report. • Regarding the infiltration on Aliʻi Drive and other coastal areas, DEM has ordered new vacuum trucks and CCTV vehicles, and they will be regularly checking all of the collection system lines and upgrading and replacing those that are allowing water in or out. • For the force main replacement at Lanihau, they are getting held up again by cultural issues. Section 106 letters just went out. • Regarding the sewer odor near the pier on Aliʻi Drive, staff checked their manholes and systems and made several visits to the area. It is believed that the odors are coming from restaurant grease interceptors and traps that are not being properly maintained. No leaks were found in DEM’s systems. It would be good if there were an enforcement group to check on restaurants and when they clean their interceptors. The DOH checks that there are interceptors, but they don’t check on whether they get emptied. High FOG has been coming into the plant, and this is penalizing the septic haulers. A FOG pre-treatment system is being investigated. It is a problem at both the Kona and Hilo plants. The highest priority is to get the Kealakehe FOG reduced before it gets into the treatment ponds. It is a disaster waiting to happen. • Regarding DEM’s vacant positions and training opportunities, Director Kucharski apologized that he has the information on his phone but did not print it out. He will make it available at the next meeting. Several new employees started on the west side, and there were some internal transfers from other departments. The metrics need to be gone through to see if more positions are necessary, so that closures when employees do not show up can be stopped. • On the regional park, the EA has been signed and begun by PBR. • On the leak off Aliʻi Drive, he did receive a response from the state. Testing was done, but nothing abnormal was found. He did not get a formal report, just a phone call. No leak in DEM’s system has been identified, and he believes it is a groundwater upsurge into the bay. • Coral Reef Alliance is putting together a citizen monitoring program for our county waters. He is not a big fan of non-professionals doing sampling, but he is more than willing to support getting additional sampling across the board. If he drafts a support letter, he will bring it back to the EMC for review. Chair Bennett said the task force has members who have done extensive monitoring and are professionals. The intent is to develop the protocol for quality assured samples. Further discussion was held on various studies being done, developing sampling protocols, and a computer center on water quality with data publicly available. Director Kucharski continued with his report: • Corporation Counsel will be training the commissioners at the next meeting on the Sunshine Law and handling appeals. Director Kucharski provided some printouts to the commissioners from the Cesspool Conversion Working Group’s website and explained the different committees within the group and what they have been doing. RFPs have gone out for technology research and finance research. House Bill 551 extended the deadlines for the group so that funds can be used through 2021, and they have new deadlines for the interim and final reports. 7. FUTURE AGENDA ITEMS Chair Bennett reminded commissioners to let him know if they want something placed on the agenda. 8. ANNOUNCEMENTS Chair Bennett announced the next meeting: July 24, 2019, in Hilo, at the Aging and Disability Resource Center. 9. ADJOURNMENT Motion, second, and vote: Vice Chair Olson moved to adjourn, Commissioner Gaffney seconded the motion, and all commissioners voted aye. The meeting adjourned at 11:05 a.m. Respectfully submitted: Mary E. Fujio, Secretary (with her signature)