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HomeMy WebLinkAbout2019-08-28 Meeting Minutes (EMC) ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF HAWAIʻI MEETING MINUTES Wednesday, August 28, 2019 9:04 a.m. to 10:53 a.m. West Hawaii Civic Center 74-5044 Ane Keohokalole Highway Building G Kailua-Kona, Hawaiʻi Commissioners present: Richard Bennett, Ph.D., Chair Jon Olson, Vice Chair James Fritz Dee Fulton Justin Pequeño Staff present: William Kucharski, Director Diana Mellon-Lacey, Deputy Corporation Counsel Mary Fujio, Secretary Also present: Jerome Warren (until about 9:12 a.m.), Matt Kanealii-Kleinfelder, Chelsea Jensen, and several others. 1. CALL TO ORDER The meeting was called to order at 9:04 a.m. 2. APPROVAL OF MINUTES OF JULY 24, 2019 Motion and second: Vice Chair Olson moved to approve the minutes and Commissioner Fritz seconded the motion. Discussion: Commissioner Pequeño noted a correction was needed on page 4, in the first paragraph, third line. The word “the” before “sea level” needed to be removed. Chair Bennett said he wanted a notation made on the page where they discussed having the Planning Department do a presentation on the rise in sea level, to indicate the presentation has been postponed to the Commission’s September 25, 2019, meeting. Vote: All commissioners voted aye to approve the minutes with the changes noted above. 3. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Jerome Warren: The court case against Dora Beck regarding the Nāālehu sewer is ʻ still ongoing. At the court hearing on August 8, Director Kucharski continued to erase the history of the Nāālehu sewer project, and Dora Beck was absent. The director claimed no ʻ knowledge of events leading up to his federal administrative order on consent. The department also has another court case for the solid waste site in Ocean View. Regarding the General Plan, the Planning Department came to Nāālehu on August 25 and set up a ʻ display at the community center at the ballpark. Director Yee was not wearing a name tag, but all his staff were. Nobody wanted to discuss why Planning allowed a disgruntled homeowner to block off the access road leading to the ballpark. Mr. Yee was dismissive. The property owner, John Ketchmark, shut down the road because he was angry at Dora Beck for lying to him about his property remaining on the sewer system. He was cut off and had to dig a cesspool, so he retaliated by fencing off the access road that leads to the park. In summary, the mismanagement of the Nāālehu sewer project has caused a decline ʻ in access to the park. Regarding the August 27 newspaper article on non-payment of sewer bills in Nāālehu, some elementary school students are worried their families have to go to ʻ court. Nancy Cook-Lauer picked up the story and wrote an informative article. When you stop a household’s water, you are punishing innocent people who live in the house and neighbors who are affected by the poor sanitation and fire hazard. None of his statements have ever bothered any commissioner, and the Water Department also remains dismissive. The average citizen can’t be expected to follow your advice if you ignore their basic needs. 4. UNFINISHED BUSINESS a. Follow up on the July 24, 2019, motion to suggest a better description for the Soil Aquifer Treatment ponds proposed for the Kealakehe R-1 upgrade, and discuss a proposed letter from the commission to the director on this. Chair Bennett said a motion was passed at the previous meeting to recommend the department consider different terminology for the SAT ponds. He drafted a letter to the director about this, and it was provided to the commissioners for review. The letter points out why the SAT terminology is not sound and why he recommends calling the system a Nutrient Removal System. It is important because it is the first such system in the state, and it goes the extra mile to remove nutrients from the wastewater before it gets discharged to the ground and hence to the ocean. Motion and second: Commissioner Fritz moved to accept everything that was said in the letter, and Vice Chair Olson seconded the motion. Discussion: Commissioner Fritz asked how Brown and Caldwell “could be so off,” and Chair Bennett said he did not have the answer. The county needed a back-up disposal system, so they pulled it off the shelf and called it an SAT system. Director Kucharski objected to the fifth statement in the letter, which states that “Water under the site is very brackish, and the water level fluctuates and mixes with the tides. This establishes a ‘hydrologic connection’ to the nearshore navigable waters of the United States.” He said this is not necessarily a fact, and there are long-term implications, which he does not feel are appropriate, to this statement. Chair Bennett stated they were intended. Director Kucharski said the fifth statement stated as a fact that there is an established and defined hydrologic connection between the SAT and the waters of the United States. This is not an insignificant statement, and it brings into play the Clean Water Act and the lawsuit that the Supreme Court has yet to rule on. He feels it is dangerous at this time for the EMC to go on record and make it a statement of fact. Chair Bennett said he is inspired by the precautionary principle, but he is also inspired by Article 11 of the State Constitution, which says they operate in the public interest. He believes they need to assume it is a fact until evidence proves it is not. Director Kucharski he has made his position clear, and it is not for him to vote on. Commissioner Fulton suggested rephrasing the statement or adding a footnote, but Chair Bennett said there was no need to water it down, and he has read the science. He said the letter is a recommendation, and he does not see how it jeopardizes the EMC or puts them in an untenable situation. Vice Chair Olson said there is no debate in his mind as to the connectivity to the groundwater. Sampling has been done for years. The statement is a generalization, and the entirety of the coast is connected. Further discussion was held on the prosed letter, and Commissioner Pequeño asked Chair Bennett a few questions. Commissioner Fritz called for the vote. Vote: All commissioners voted aye in favor of the letter as written. 5. NEW BUSINESS a. Discuss ideas to bring grant writing expertise to serve the Department of Environmental Management. Chair Bennett said he had asked Commissioner Pequeño to look into grant writing resources that might be available to help the department. Commissioner Pequeño reported that he had spoken to a few people and received several ideas: • One idea would be to reclassify a vacant position into a planner position, as he was informed that other departments have a planner position whose specific focus is to apply for grants. • Another idea is to contract with a part-time grant writer who would either seek grants or seek and apply for them. • The AmeriCorps Vista program is another possibility. They could do the research and heavy lifting, which could then be synthesized and utilized by a grant writer. • The last idea was to find ways to tie in to the Kīlauea recovery effort, since state and federal funds are coming in which can be used to address not only lower Puna but other emergencies or future issues expected to arise. It might be possible to leverage funds for a future issue such as problems caused by the sea level rise. Director Kucharski reported on several grants that were recently received. One was from the federal government’s Bureau of Reclamation for the R-1 project, and two were CIP grants from the state for joint dual piping for the regional park and for looking into all the options for Puakō. A consultant from Brown and Caldwell wrote the grant application for the department, as the firm was already under contract. If the department were to have a grant writer position, approval would be needed from both the mayor and County Council. He thanked the commissioners for their support, and Commissioner Pequeño for his efforts. Chair Bennett asked Commissioner Pequeño to draft a memo for the EMC and director, summarizing his report. Commissioner Pequeño said he would, and that he also wanted to continue with his research, as he had just scratched the surface. Chair Bennett suggested he contact Dana Okano, of the Hawaiʻi Community Foundation, as she would have information on putting out RFPs for funds. b. Discuss ideas for identifying residences and businesses that are not connected to the county sewer but may be required to do so. Chair Bennett said he was interested to know the extent of those who are not connected to the sewer when they are required to be, and whether it is a minor or major amount. Two sources to aid in discovering this would be DEM’s billing roster and the Public Works Department’s data base on plumbing permits. A contractor who has data base management experience could merge the information from both sources to see if there are tax map keys that should be connected but are not. Director Kucharski explained that accessible properties are billed, but billing them has no relationship to whether or not they are connected. Some of the old sewer systems were installed in the 1960s, when there were no electronic files. A way to check would be to go into the collection system with CCTV cameras, stopping at laterals to check for a flow. However, there is a lack of personnel to do that, and even if they had more positions, it is hard to fill them. There are select locations where they plan to do smoke testing, which is another method that helps determine who is and is not connected. These tests are being done in Pāpaʽikou, but the most important area to focus on is Aliʻi Drive, where there is infiltration and inflow with salty water. The I&I needs to be stopped so the future R-1 water does not have high salinity. The entire sewer system needs a concerted review and replacement of force mains and pump stations. Chair Bennett said he wanted to acknowledge the steps and progress DEM has made in this regard. Improving the quality of the R-1 water by reducing the salt water inflow is a major objective, as the water would be more useable. The public needs to understand that everyone would benefit from an efficient collection system and successful reuse system. The commission could put together an educational piece on this and provide it to the department for editing, tailoring, and dissemination to the public. People take sewers for granted, and there are challenges being faced in regards to the rise in sea level and increased nutrients. A strong public constituency is needed to address these challenges. Vice Chair Olson said it comes down to the cost for property owners to connect. Most people he has spoken to said they simply do not have the money. The state or county should create a revolving loan fund to help out. As the state has more leverage with federal money, it should come through them. Director Kucharski said using SRF funds has been discussed, but there are side issues such as who will be the bank and what to do if or when payments are defaulted upon. DEM has trouble with people not paying their monthly $18 sewer fee, so having them pay a higher monthly loan to connect is not likely to happen, meaning that defaults can be expected. Further discussion was held on financial ways to help people connect. Chair Bennett felt that to be successful, there needs to be a source of grant funds or cheap loans. Director Kucharski said several sources have been explored, including HUD, which has a loan program for low income people, and the USDA Office of Rural Development, which has a sewer connection fund, and there are other options. He believes it is not a matter of people not knowing they should connect, but knowing they should and deciding they can’t or won’t. Chair Bennett and Vice Chair Olson wanted to ask Councilmember Matt Kanealii- Kleinfelder, who was present, to speak. However, Ms. Mellon-Lacey said having him speak was not on the agenda, meaning the public was not given notice. Vice Chair Olson said the future agendas should have the councilmember listed as an item, so if he can make the meeting they can have dialog, and Chair Bennett agreed. Chair Bennett reiterated that the commission could do an educational piece about sewer connection, explaining how it will be costly but ways are being looked at to offset the costs. Ms. Mellon-Lacey said the commission per se is not charged with developing educational pieces but with advising the department to do things. Chair Bennett said they could develop recommendations for education and give them to the department. c. Discuss having future meetings scheduled for a Tuesday or Thursday. Chair Bennett explained that Commissioner Burns’ current schedule at the university has him teaching on Mondays, Wednesdays, and Fridays, so he is asking if changing the meetings to a Tuesday or Thursday would present any problems. Commissioner Pequeño said it would be a problem for him and the only other day it might work would be the third Tuesday. Councilmember Kanealii-Kleinfelder said Tuesdays are not good for him, as he often has committee meetings on Tuesdays and council meetings on Wednesdays. For him, Thursdays are the best day. Chair Bennett said they would table this for further discussion later, as Commissioner Burns’ schedule may change next semester. 6. REPORTS/CORRESPONDENCE a. Chair’s Informational Report: • Chair Bennett said he has been involved in water quality monitoring for decades, and the indicators the state uses are fraught with error. He has been scouring scientific literature, looking for better indicators. Sucralose, which is the chemical name for the artificial sweetener Splenda, has popped up on the horizon. It is in over 400 products and is remarkably stable in the environment. Researchers have worked extensively in other areas of the world and are able to measure it in the water with great accuracy and precision. He contacted a university in Florida, and they informed him the charge is $50 to test a sample. He will be working on a privately funded project outside of the commission. It will involve about eleven cities around the coast who will be testing for sucralose, which may be the best fecal contamination indicator. When the results are in, he will share them with the commission. • The Planning Department is going through a General Plan update process. People can comment online, and he encourages the commissioners to comment where appropriate about water and wastewater planning. Director Kucharski pointed out that his department is commenting on both the wastewater and solid waste issues in the plan and working with the Planning Department on it. Once it is completed, he can extract their comments and provide them. b. Director’s Informational Report: • He testified as a witness a few weeks ago on the Nāālehu lawsuit. The ʻ parties are to provide written final arguments some time before the new year. • The schedules for the R-1 system, Nāālehu, and Pāhala ʻprojects have been set back two to three years because of cross-cutter requirements (federal requirements that also become state requirements). A new DOH process requires that if SRF funds are utilized, there can be no intrusive measures done until such time as a 106 review and cultural issues are completed. This is delaying progress on the Pāhala, Nāālehu, and Rʻ-1 projects for an indeterminate amount of time. The R-1 upgrade was to be done by 2020, and now it looks like they won’t be able to start until the beginning of 2021, and it may be 2023 by the time R-1 water is produced. These significant delays are primarily caused by the new standards and requirements for cultural review. The State Historic Preservation Division (SHPD) is backed up about one year on projects. The WWD will be checking on whether some non-intrusive work can be done. The cost is way higher. • For the Kaloko Heights sewer extension, the commissioners were provided with a diagram showing what is happening and the county resolution. It will be an improvement district consisting of only two entities who will be paying for 100% of the line. The developers will connect to the gravity line going south, and they are also required to have the ability to shut off flow from Kaloko Heights as they come down to the Kealakehe plant and divert it to the new facility north, should this occur in the future. The developers will be hiring an engineer to do the full design, and the department will review and approve the design. It is his understanding that the plan will be submitted to the council for the full improvement district funding and operations and that once completed, the line will be turned over to the county. • For the reclaimed water to Hina Lani, WWD will utilize an old DWS water storage tank. The tank will provide head pressure to the R-1 water for distribution. The WWD is looking at R-1 not being available for Honokōhau Harbor before 2022, because they will need a new R-1 line to pump R-1 water north to the existing highway line already in place. The whole process going north has stopped because of the 106. Regarding whether DLNR’s Division of Boating and Ocean Recreation is on track, he has no idea because it has nothing to do with the county and he has no information from them on the status and funding. • Notices for smoke tests in the Pāpaʽikou area were sent out. It is the second testing done there, and about 25 houses were found to be not connected. Compounding the problem of connecting them to the sewer is that the houses not connected to the sewer lines are actually discharging into a storm drain. When it rains, the plant ends up getting a combined sewer outflow of both storm water and sewage. Storm water is 100% controlled by the Public Works Department and is not in DEM’s purview. Coordination with DPW will be required if those houses are to be disconnected from the storm drain. The plan for smoke tests is to go from one sewered community to the next. • On sewer infrastructure inventory, a table was provided to the commissioners showing the GIS count, linear feet, miles of sewer, and what the pipes are made of, as well as information on the number of manholes. Chair Bennett asked several questions about the section of cast iron pipe. • The Planning Department has arranged for Dr. Bradley Romine to give a presentation to the commissioners at the next meeting on the rise in sea level. Director Kucharski apologized that he will not be present at that meeting, as he will be out of state. Commissioner Fulton said there is a climate change group in Hilo that would be interested in the presentation, and she will let them know about it. 7. FUTURE AGENDA ITEMS Other than the presentation on the rise in sea level, no other future agenda items were requested. 8. ANNOUNCEMENTS Chair Bennett announced the next meeting of September 25, 2019, in Hilo. He said they will work around the agenda to accommodate the sea level presentation. 9. ADJOURNMENT Motion, second, and vote: Commissioner Fulton moved to adjourn, Vice Chair Olson seconded the motion, and all commissioners voted aye. The meeting adjourned at 10:53 a.m. Respectfully submitted: Mary E. Fujio, Secretary (with her signature)