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Home My WebLink About2019-11-27 Meeting Minutes (EMC) ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF HAWAIʻI MEETING MINUTES Wednesday, November 27, 2019 9:06 a.m. to 11:14 a.m. Aging & Disability Resource Center 1055 Kinoʻole Street Training/Conference Room Hilo, Hawaiʻi 96720 Commissioners present: Richard Bennett, Ph.D., Chair Jon Olson, Vice Chair Melissa Cardwell, Commissioner Rick Gaffney, Commissioner Justin Pequeño, Commissioner Staff present: William Kucharski, Director Diana Mellon-Lacey, Deputy Corporation Counsel Mary Fujio, Secretary Also present: Kristine Kubat, Jennifer Navarro, Megan Lamson, Michelle Sorensen, Cory Harden, Jerome Warren, and several others. 1. CALL TO ORDER The meeting was called to order at 9:06 a.m. 2. APPROVAL OF MINUTES OF OCTOBER 23, 2019 Motion, second, and vote: Vice Chair Olson moved to approve the minutes, Commissioner Pequeño seconded the motion, and all commissioners voted aye to approve the minutes as drafted. 3. PUBLIC STATEMENTS ON ITEMS ON THE AGENDA Chair Bennett noted that two people had signed up to testify: Kristine Kubat and Jerome Warren. He asked them whether they wanted to testify now or wait until the commissioners had discussed the relevant agenda item. Ms. Kubat said she would wait, and Mr. Warren said he wanted to testify now. Jerome Warren: The Nāālehu sewer project has received another EPA deadline ʻ extension. The county government bureaucracy is getting a favor from another federal government bureaucracy, yet two District 6 private sector companies received EPA fines for not converting to septic systems. The Nāālehu project will require businesses on the highway to ʻ abandon their newly installed septic systems and hook up to the sewer line. All of this will benefit Kaū Royal Cofʻfee and Tea, which owns the land upslope from the Nāālehu water well. ʻ There is also a bypass easement which will be blocked by the sewer project. The director’s $75 million wastewater utopia will be installed downslope from the development. It will go next to the well and on top of the highway bypass easement. The fortunate investors will have a plant built by the county and paid for by the people who live on the Big Island. This is how the rich get richer—by making average people poorer. The government’s ability to tax its citizens is the most powerful force in the world. Director Kucharski is abusing his power by endorsing this wastewater utopia. (Chair Bennett told Mr. Warren that his comments should be directed to the commission.) Mr. Warren said the commissioners are condemning future generations to unnecessary debt by condoning this boondoggle going in behind the Nāālehu ʻHongwanji, that the Buddhist philosophy is to see no evil, hear no evil, speak no evil, and that interrupting a testifier is terrible. 4. UNFINISHED BUSINESS a. Commissioner Gaffney’s report on his communications with Councilmembers Richards and Eoff regarding delays in the State Historic Preservation Division’s cultural review process. Commissioner Gaffney said his report is disappointing, as he has not been able to get Councilmember Richards to respond to the EMC’s suggestion. He therefore spoke yesterday with Councilmember Eoff, who previously told him she would pick up the ball if Councilmember Richards did not. The good news is that Council Chair Chung is meeting with the entire legislative delegation next week, and Councilmember Eoff has assured him she will put this matter on the agenda so it can be discussed with all the legislators. However, the request he made to Councilmember Richards to create a resolution asking the legislature to take up the issue has so far fallen on deaf ears. The supposedly secret back doors he was informed about have not worked. He will continue to follow up. Chair Bennett asked Director Kucharski if there was any update with SHPD on the R-1 project. Director Kucharski said he did not hear back from SHPD yet and will be reporting on this during his Director’s Informational Report. b. Continued discussion on waste to energy proposals or alternative uses for waste, and a discussion of recommendations. 2 Chair Bennett asked the commissioners if any of them had more information on what is being discussed at the County Council level on waste to energy. Vice Chair Olson said he believed Councilmember Richards had proposed to take part of the waste stream to where the biomass plant was to be built. However, he was on a recent boat ride to see what the coast looked like, and the area appeared to be geologically unstable, with mega homes hanging out and trees pointing downward over the cliff. The whole area appeared to be collapsing. Chair Bennett asked the commissioners whether there was interest in pursuing the discussion when it appeared it was not on the County Council’s front burner, and Vice Chair Olson and Commissioners Gaffney and Cardwell said yes. Director Kucharski informed the commissioners the resolution on reducing the waste stream was passed by the Council, and the ball is now in the court of DEM and R&D to pursue looking at alternatives. The commissioners discussed whether they wanted to wait and see what DEM and R&D came up with, or be proactive. Chair Bennett proposed they work on drafting a recommendation to discuss at the January meeting and asked for volunteers to draft it. Vice Chair Olson and Commissioners Gaffney and Cardwell volunteered. c. Further discussion on the status of the County of Hawaiʻi’s recycling contract. Chair Bennett said clarification was needed to put into perspective the various press articles about the cancellation of the recycling contract, as it was not clear whether it was caused by the failure of the international market or because the material was so heavily contaminated that it was not suitable to the contractor. Director Kucharski was asked to fill them in. Director Kucharski said the first thing to understand is the fact that the county does not physically carry out any recycling—the services are contracted out. The contract with Business Services Hawaiʻi had three one-year extensions. At the last contract extension, they decided to pull out, as they were losing money. He explained the costs the contractor has in separating the recyclable material from the non-recyclable, and also in disposing of the non-recyclable material in the landfill. The county only pays the contractor for those recyclables the contractor verifies went to a certified recycling entity. The contractor originally wanted to stop all services as of October 1, but after discussions extended it to October 15. The county is unable to just go out and select another business to do the recycling. The scope of the contract has to be written, it has to go out for bid, and the money has to be found where there is a zero sum budget. A summary of Director Kucharski’s answers to questions from commissioners is below. • Business Services Hawaiʻi was the only recycling contractor that bid. • Waste Management of Hawaiʻi has not been interested in bidding on the department’s contracts. 3 • It is unknown whether Business Services will be willing to take other recyclables. Their costs and what they are recycling has been reduced. • DEM is looking at putting together another contract proposal and bid package. • Yes, one reason Business Services stopped collecting plastics is because of contamination. • Yes, washing stations would be nice. However, it would require more money, manpower, and policing of what goes into the bins, and there are also permit conditions. The primary objective is to take care of the municipal solid waste at the transfer stations, which takes priority over recycling. • Using volunteers may not be feasible because union concurrence would be required. The department is not a free agent, and all of DEM’s facilities require DOH permits, which also have constraints. • Half of the Solid Waste Division’s budget is subsidized by the General Fund, so reductions can have significant impacts on operations. • He can check on not having a commercial recycling operation pay a fee to dispose of what cannot be recycled into the landfill, as they are actually removing part of the waste stream. Chair Bennett said he wanted to continue discussion on this at the next meeting, as it appeared to be in the public’s best interest to offer some type of fee deferral or subsidy to encourage more effective recycling. If something is found to be in the public interest, the County Council might provide exemptions. Vice Chair Olson said a disposal fee should be gotten at the point of purchase and not come from property tax. Two things would be gained by this: the public would have a broader recognition of what it actually costs at the point of purchase and at the back end, and it would be taken out of the property tax roll. There is no correlation between property ownership and the waste stream. Commissioners Pequeño and Cardwell agreed, saying more focus on recycling education and awareness is needed. People need to understand there is a price to pay in purchasing something that is plastic and not recyclable, and these items should not be shipped off to other countries but dealt with ourselves. Vice Chair Olson said Pfizer has come up with a method to reprocess #1 plastic. A plant has been built and they are putting out bids for more. Commissioner Gaffney suggested that commissioners who have an interest in this issue do their homework, make lists of ideas and options, and return to the next meeting with their lists to discuss. A finalized list of their ideas could be offered to DEM and the County Council. Commissioner Gaffney pointed out the reality that this island and state are not big enough to make an impact. Changes need to happen on a national basis to work economically. It would be good to get whichever councilmember is on the National Association of Counties to move this issue onto the agenda nationally, as Hawaiʻi is too small to get manufacturers to make changes. 4 Chair Bennett suggested the commissioners, as they are making their lists, include county, state, federal, and private options. The lists will be discussed at the next meeting. Chair Bennett asked Kristine Kubat, who had signed up to testify, if she wanted to speak now. Kristine Kubat: She pointed out that as far as paying at the point of purchase, there is a 1.5 cent fee every time someone purchases a glass jar, and the system could be extended to buying batteries, tires, and single use beverage containers. The infrastructure is in place. However, the 1.5 cents needs to be raised, as it was established many years ago. The state assesses the fee, and the consumers pay it. The money collected gets sent back to the counties, where it is to be used to support glass recycling. The legislature needs to increase the fee and have the program include all glass items. Someone needs to figure out how to take the same infrastructure and have it include plastic. Ms. Kubat clarified that she was present on behalf of Recycle Hawaiʻi. Chair Bennett said he was granting her more time to speak and giving commissioners the opportunity to ask her questions. She passed out a handout on plastic and said everybody should read it. It lays out the connection between plastic and the climate. Every person has to accept responsibility for the plastic waste they generate. The amount of plastic people use is horrifying, and no decision should be made that would lock us into a continuous consumption of plastic. The goal to reduce global warming will not be met unless there is a reduction in the amount of plastic consumed. She appreciates the time they are in now, because the political landscape is such that people are making decisions based on the right thing to do and not on who is getting a contract or contributing. Chair Bennett thanked her for her testimony and asked her to prepare a synopsis of what she just presented so it could be reviewed and deliberated upon at their next meeting, and Ms. Kubat agreed. 5. NEW BUSINESS a. Discussion on the Commission’s research into alternatives to centralized treatment plants and long sewer lines. Chair Bennett said there was some interest in talking about what alternatives there may be to centralized wastewater treatment plants and long sewer lines. The General Plan speaks to it loosely. Subdivisions will be built that are not near a WWTP, and the General Plan could be in a position to specify what type of waste treatment is suitable and what is not. The EMC may be able to provide advice to the Council and Planning Department about appropriate decentralized waste treatment strategies. He asked if there was any interest in pursuing this. Commissioner Gaffney felt they need to. 5 Discussion was held on how a permit is necessary to recycle gray water at home and how it would require an engineering plan and cost thousands of dollars. Chair Bennett said he would make a list of ideas and circulate it. If the Council adopted the 2012 Uniform Plumbing Code, it would allow for graywater reuse, and the county could adopt it even if the state has not. He asked the commissioners to give the matter some thought so they can vote later on a written motion. Director Kucharski pointed out they were discussing a function of the Department of Public Works, not DEM, and Ms. Mellon-Lacey said it was quasi-related but going into a broader area than DEM’s functions. Commissioner Gaffney said it is related, because the state is requiring that all new construction use septic tanks instead of cesspools. However, research has determined that some septic systems are better than others. The Council should be provided with recommendations on how the septic systems being allowed can be improved upon. Chair Bennett added that in major cities across the country, cities are aggressively removing septic systems because they have failed to do what everybody thought they did. The General Plan update has wastewater impacts as part of the county planning process, and a little push-back against the state is their angle. He will make a bulleted list. He asked Vice Chair Olson if he would draft a motion encouraging the council to look at how septic systems can be improved, and he agreed. b. Presentation by Zero Waste Big Island on the County of Hawaiʻi’s Zero Waste Management Plan. Chair Bennett welcomed Jennifer Navarro, who introduced several of the club’s members who were present. Ms. Navarro said Zero Waste Big Island’s mission is to promote zero waste through personal responsibility, education, and advocacy. She presented a PowerPoint, and some of its highlights include: • Waste is a huge problem that is happening all over the world. • Plastic is both a blessing and a curse. It is very useful, but much of it cannot be recycled. • About 90% of the plastic created is not recycled, and many consumers do not realize this. A lot of it ends up in the ocean. • There is so much emphasis placed on recycling, but people should not forget about the reduce and reuse components. • The United States is waking up. Big corporations are making a shift away from a linear economy to a circular economy, where products are being made with an idea of how they might be reincorporated into something else. 6 • Zero waste is a parallel concept gaining traction around the world. It focuses more on the reduce and reuse components, with recycling as the ultimate goal after reduction. • Many people on the Big Island are interested in zero waste lifestyles, and there is a Facebook group that acts as a support network, as it is not an easy way to live. • They started having in-person meetings in January, and they had a great turnout. There is now a Kona chapter, and a Waimea chapter is coming soon. • Their Facebook members have tripled in the last couple of months because of the recent recycling restrictions. • Their meetings average 20-35 people, and they have a wide range of speakers and activities. • They have done a number of education and outreach events to show people what can and cannot be recycled, because people are confused. This is why the mixed bin system failed. They also talk to vendors at farmers’ markets about how to reduce waste and distribute things differently. • Changing the way things are done can reduce waste. • They are developing partnerships, including with Recycle Hawaiʻi, the county, and the Sierra Club. They are encouraging their members to be involved and engaged in public policy. • Their goal for the coming year is to have more zero waste events and use them as a platform for education. They are also ramping up to write letters and make recommendations for businesses, and they are hoping to get a website and monthly newsletter started. • Zero waste has limitations. There are hurdles with the Department of Health and certain things that are not legal to do. Infrastructure and systems are needed that can deal with health concerns yet reduce waste. • They are here today to introduce themselves to the EMC and see how they can work together moving forward. They can help get the word out about the EMC through Facebook and other social media, and they can also help with research and grant writing. They are here to help. • The EMC can also help them in their mission to reduce waste, and a starting point is to review the county’s zero waste plan, which is old and needs updating. • She would hope the EMC adopts a zero waste stance and has continued engagement with her group. • Many people have questions about the status of the upcoming compost facility and the logistics of how compostable waste will be collected and gotten to the facility. The commissioners thanked Ms. Navarro for her presentation and what her group is doing. Chair Bennett asked if Commissioner Cardwell would be the EMC liaison with Zero Waste Big Island, and she said yes. 7 b. Presentation by Megan Lamson Leatherman of the Hawaiʻi Wildlife Fund regarding their recycled plastics demonstration project on Kauaʻi (waste to useable retail product). Ms. Leatherman thanked Commissioner Gaffney and Chair Bennett for inviting her to speak about plastic pollution and marine debris. She passed out information on ByFusion, which makes blocks from plastic marine debris and household waste, and an article about a building on Kauaʻi that was made with it. Highlights of her presentation: • She is a marine biologist with a master’s degree in conservation biology from UH- Hilo. • She is not affiliated with ByFusion but feels their ByBlock product is a great solution. • She works with the Hawaiʻi Wildlife Fund, which is a small non-profit organization dedicated to native wildlife. • The Hawaiʻi Wildlife Fund has spent 16 years on the Big Island removing massive amounts of marine debris from the shorelines. It has totaled 282 tons since 2003. • This year alone they have removed over 50,000 pounds of plastic pollution, half of which is derelict fishing nets and line bundles, and the other half is mixed plastic pollution. • They have hosted 64 clean-up events this year and retrieve about 800 pounds per event. • In combination and collaboration with their partners, Surfrider Foundation on Kauaʻi and teams on Maui, they are picking up a whole lot of plas?c. • She showed the commissioners a ByBlock made of fishing nets and mixed waste; this kind of block is a potential solution for disposal of some of the non-recyclable plastic and marine debris. • The blocks could be a creative solution to the vast amounts of mixed plastic waste. The blocks are quite heavy and are just one potential product of the company. • She explained how the blocks are made and how they can be used. • She flew to Kauaʻi to look at a permanent athle?c pavilion made out of ByBlock. There are potential applications for the blocks on the island. However, the use of plastic still needs to be greatly reduced. Commissioner Cardwell said the blocks seem brilliant and could be a way to make plastic a valuable material. Discussion was held on permitting issues for the blocks and how to capture the plastic in the ocean. The commissioners thanked Ms. Leatherman for her presentation. 8 6. REPORTS/CORRESPONDENCE a. Chair’s informational updates on (a) the Citizen Science Sucralose Study and (b) Florida’s economic disaster (wastewater nutrient management failure). Chair Bennett said the waterways in Florida have great nutrient excesses which are causing the death of marine mammals and a decline in property values. It is also happening in Long Island and Maine. The issue of nutrient management of wastewater is global and starting to exact a huge price. The preliminary results of the sucralose study are in. Sucralose is the chemical name for Splenda, which is a chlorinated carbohydrate that does not break down. Thirteen areas were sampled, from Honaunau to Kua Bay. Half of the samples were below the detection limit. The other sites had slightly above, and several had two and three times the detection limit, with the highest level in Honokōhau Harbor. Interestingly, Kailua Bay, where people have complained about sewage spills, was below the detection limit in three distinct sites. Banyan’s surf spot had a level slightly above the detection level. Three sites in Kahaluʻu Bay were sampled which suggested discrete conveyances of groundwater occurring there. They will be writing a report and submitting it to the Journal of Coastal Research as a pilot study, and they will be going after significant grant funds to do a full study. The overall test results were good news. b. Director’s Informational Report. The Pāhala project is being held up between the EPA and State Historic Preservation Division, so the design of the sewer collection system is not able yet to be laid out. They will be requesting an EA extension on the Nāālehu project, and the EA has to be done befoʻre the property can be purchased. Modifications to the AOC will be requested for both locations. They are moving as best they can given that they cannot do any borings or lay out the collection system design. The Kealakehe R-1 system design is 90% completed. However, a significant problem has arisen. The disposal system, which it is hoped will never be used, will cost in the area of $60 million, which the county does not have. They are continuing with the R-1 design and are at almost 90% on the wetlands, but they have to hold off on the SAT because the wetlands and SAT will cost in excess of $60 million. This figure exceeds the value of the R-1 facility itself. They will be informing the National Park Service. In addition, at the SAT location there is a potential cultural resource which will cause a full redesign. In summary, they are going to hold on the location and stop the SAT design work. This is the first public statement he has made on this. Another reason to hold up is because the Supreme Court’s decision on the injection well case is expected in April 2020. If DEM has to modify their system because of the court decision, they may need an alternative to the SAT. There is too much money at stake and an indefinite discharge level requirement at this time. They will continue with R-1 production and will propose continuing to utilize the sump. 9 Director Kucharski said he wanted to provide some basics of the solid waste stream flow to the landfill so the commissioners would have an idea of the scope. About 29% is paper, plastics are about 10%, glass about 3%, organics about 43%, metal about 10% and miscellaneous about 5%. When they stopped collecting the plastics and paper recyclables, their waste load changed by only 1 to 1.5%. They recycle only about 7% of the waste stream, other than greenwaste. The waste stream of big box stores are not in the county’s numbers, as those stores take care of it themselves. Regarding sewer inflow and infiltration, he does not have much more information. Their sewage pump stations are being sampled for salinity, and they are testing between manholes. If they find spikes, they will try to determine where they are from so repairs can be made. They have put in a CIP request of the state to look at the whole Aliʻi Drive system, because one of the constraints with the R-1 is salinity, which is caused by the I&I. They are hoping to have a professional look into it and make recommendations so they can minimize the amount of salinity getting into the Kealakehe system. Regarding Chair Bennett’s request for information on injection wells, Director Kucharski provided said the commissioners were emailed the DOH permits for the two injection wells DEM has, which are in Honokaʻa and Kaloko. Regarding Bill 109, it changes the section of the code where the EMC is to provide input on proposed legislation. The EMC still has 45 days to respond to a bill, but if there is no response it will be deemed neutral—neither for nor against the bill. Director Kucharski provided additional information in response to questions from Commissioners Pequeño and Cardwell: • The Hilo landfill closed officially November 22, and the waste is being transported to the West Hawaiʻi landﬁll at Puʻuanahulu. When a truck drops its waste, it gets re-loaded with mulch for the return trip. Most of their trucks, however, have many miles on them, and sometimes a transfer station has to close because there is no truck available to pull a trailer. The issue is continuous but is being worked on. th • The West Hawaiʻi landﬁll is in its 11 cell. Estimates for its life span range from 100 to 150 years. If the EMC would like to tour the landfill at the next Kona meeting or just see it on their own, let him know. Chair Bennett asked Ms. Mellon-Lacey to make arrangements with the Office of Information Practices to get permission for them to have a meeting with a site visit of the West Hawaiʻi landﬁll. 7. FUTURE AGENDA ITEMS There were no requested future agenda items. 10 8. ANNOUNCEMENTS Chair Bennett made the following announcements: • The January meeting will include the election of chair and vice chair. • He acknowledged the service of Commissioner James Fritz, who could not be present at today’s meeting. His term ends in December, and with the EMC’s approval he will draft a thank you letter to send Mr. Fritz, who did not want to be held over for 90 days. • He welcomed Melissa Cardwell, their newest commissioner, to the team. He thanked her for her knowledge, expertise, and enthusiasm to jump in. • There is no meeting in December. 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 11:14 a.m. Respectfully submitted: Mary E. Fujio, Secretary (with her signature)