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HomeMy WebLinkAbout2020-07-22 Meeting Minutes ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF HAWAIʻI MEETING MINUTES Wednesday, July 22, 2020 9:02 a.m. to 11:34 a.m. (online meeting via Zoom videoconferencing) Commissioners present: Justin Pequeño, Chair Georjean Adams Dee Fulton Rick Gaffney Lee McIntosh Jon Olson Staff present: William Kucharski, Director Diana Mellon-Lacey, Deputy Corporation Counsel Mary Fujio, Secretary Others present: Jerome Warren, Sandra Demoruelle, Cory Harden, Rick Bennett, Steve Holmes, Michael Last, and possibly others. 1. CALL TO ORDER Chair Pequeño called the meeting to order at 9:02 a.m. and took a roll call of the commissioners present. 2. APPROVAL OF MINUTES OF JUNE 24, 2020 Motion and second: Commissioner Adams moved to accept the minutes, and Commissioner Gaffney seconded the motion. Commissioner Gaffney said a correction was needed on page 10, where it said “Kailua Pier Restaurant.” It should say “Kailua Pier restroom.” Chair Pequeño said a correction was needed on page 13. “Commendations” needed to be changed to “recommendations.” Motion, second, and vote: Commissioner Adams moved to approve the minutes as corrected, Commissioner Gaffney seconded the motion, and all commissioners voted aye. 3. STATEMENT FROM THE CHAIR Chair Pequeño thanked everyone for participating in the meeting, as there is no shortage of difficult issues on their plate to tackle. As a reminder, they are working towards the same goals and outcomes and need to be civil and professional. 4. PUBLIC STATEMENTS ON ITEMS ON THE AGENDA Sandra Demoruelle: She thanked the commissioners for serving, as it is time to address difficult issues. The sewage spill in Nāālehu was not 70 gallons as reported, and if there is not ʻ fair reporting, how will the Department of Health know whether to post warnings? This inaccurate reporting may be one reason the DOH does not always post about spills. Today’s newspaper has an article about Kamilo Beach. There is a public comment period available through the EPA, and it ends on August 19. It is important the EMC is aware that the EPA has once again pulled something out of the Clean Water Act, saying the state has to have a daily limit on the trash that is accumulating there. The Hawaiʻi Wildlife Fund pulls tons of garbage from that beach every year, which is near where she lives. It is important some attention be paid to this. Also, she hopes the EMC will give real consideration to sewage spills in the sense that they be accurately reported. Jerome Warren: He thanked Commissioner McIntosh for having abandoned vehicles on the agenda. Nāālehu ʻhas an illegal junkyard in the county right of way. People drive up in cars with no plates, fix their cars, and drive away. When the county can’t keep its own property clear of junk cars, it tells people that anarchy prevails in the neighborhood. These people are desperados, and it is no fun living with strangers cruising around and parking in front of your house. The illegal cars they drive become abandoned. The solution is to bill the registered owner of the vehicle with the towing fee plus the administrative fee. If the registered owner does not pay the bill, they would not be able to renew their registration on another vehicle. This will stop owners from giving away old cars that will get dumped illegally. Regarding the Nāālehu sewer project in the director’s report, land selection seems to be a done deal. The ʻ public was told the land is behind the Nāālehu hongwanji. The project is being pushed by ʻ Brown and Caldwell. The Final EA was published in 2007, and he has the hard copy in his house. SSFM had the contract. It was selected by property owners of affected homes. Director Kucharski refuses to acknowledge the 2007 promise, and all the commissioners have turned a blind eye towards the boondoggle now before us. The wastewater utopia behind the hongwanji is a politician’s dream. The county Board of Ethics had this issue on its agenda, but the meeting was cancelled. If anyone is interested in this boondoggle, they should contact him and he can share all the information. But nobody has ever contacted him. 2 Chair Pequeño asked what the address of the county property is with the abandoned vehicles, and Mr. Warren said it is 95-1206 Milo Road. It is across the street from the house that had the supposed 70-gallon sewer spill. Some of the dumped cars have wheels on the pavement. The Traffic Division and Building Division are well aware but are unable to do anything about it. Chair Pequeño said he would see what he could do to address this. Cory Harden: She just wanted to ask if the commission could have their meetings on a day other than a County Council day, as she also likes to testify at those meetings, but she cannot be at both. Chair Pequeño said the dates are predetermined and in place for the year, and they may have to go through a rule change for that. However, he plans on having a few special meetings through the remainder of the year to make up for lost time and to deal with the severity of the issues before them. Richard Bennett: He thanked the commissioners for stepping up and working on the challenges. He is speaking for the Kona Coast Waterkeeper and provided a 4-page letter with his testimony. The Kona Waterkeeper’s objective and goal is to advocate and promote the full reuse of wastewater from fundamentally all sources. He recommends that 100% reuse be the policy goal for the county, rather than an odd mix of reuse and disposal. The first challenge is to improve the quality of the raw sewer water, which has infiltration problems. The infiltration problem can become so large that it will be a very significant impediment to reuse in the near future. The county can have a 100% reuse system provided there is adequate storage for water. To spend millions of dollars to discharge seems folly at best. Dr. Bennett described the multiple benefits of reuse and proposed the EMC seriously consider a policy recommendation for the county to strive for 100% reuse where it is appropriate. At the last meeting there was confusion about regulations. The State DOH regulations in Hawaiʻi Administra?ve Rules Sec?on 11-62-27 are clear. If you have a 100% reuse system, there is no requirement for a 100% back-up disposal system. There is a requirement for an adequate storage and/or disposal system. Regarding the Supreme Court’s decision and the director’s statements at the last meeting on the seven criteria the court handed down for consideration, it is his understanding that the distinction of those criteria is in the hands of the federal district court, not the EPA or State DOH, and that the plaintiffs and defendant have had gone through arbitration and reached a stalemate. This matter could take years and years. It appears the oil and gas interests are resisting settlement. He provided more detail about the seven criteria and how they apply to the situation in Kona and to the sump at Kealakehe. In summary, the criteria could be argued for decades. He implored them to do their constitutional duty and make 3 decisions in the public’s interest with our natural resources as the valued principle, and simply do the right thing. 5. UNFINISHED BUSINESS a. Continued discussion on alternative uses for waste (i.e., waste-to-energy, reclaimed water, etc.) Commissioner Adams said she has done some research and spoken with others to help her understand the wastewater issues. Steve Holmes gave her good information and a brochure on the kinds of things that could be incorporated into a more holistic lifecycle approach to managing waste. The county is already on record as supporting zero waste and sustainable management of resources. She would like to invite Mr. Holmes to give them more background on opportunities for public-private partnership contracts to manage resources and keep them from being wasted. Chair Pequeño said he would also like to hear from Mr. Holmes but suggested they wait until agenda item 6 on public-private partnerships. Commissioner Adams asked whether anyone knew the status of the plastic collection effort in Puna. Director Kucharski said the last he heard was they stopped collecting, as they 1 had supply and permit issues. However, he may not have the latest information. Chair Pequeño said he would remove this item from the agenda until they have specific ideas regarding alternative uses for waste and reclaimed water. b. Continued discussion on possible funding mechanisms for the Solid Waste Division to improve the quality of services. Director Kucharski said they are looking at a process to make the recycling and solid waste collection and processing self-funded. Commissioner Adams said everything is in limbo due to the pandemic, and new business opportunities are not going to be able to come to fruition for awhile. Pilot efforts and a lot of research is going on, but there is nothing ripe or ready for this island. Commissioner Fulton said construction trades are essential services even during the pandemic, and it would be good if they could work on projects that would benefit the county and environment, such as methane gas harvesting. She asked if Steve Holmes could speak on possible funding mechanisms for the Solid Waste Division. 1 At the Commission’s meeting on August 26, 2020, Commissioner Melissa Cardwell wanted a correction. She had spoken with David Marquis of Puna Precious Plastics, and they did collect plastics in July and August. However, due to the new COVID-19 mandate which limits gatherings to not more than 10 people, further collecting is being postponed until that changes. 4 Ms. Mellon-Lacey informed the commissioners that if Mr. Holmes were to address agenda items as a speaker, it would need to be set up beforehand and his name included on the agenda under the Sunshine Law so the public would be aware. He cannot just be pulled into discussions. Ms. Fulton suggested they research methane gas harvesting as a means of offsetting costs for the Solid Waste Division, and Chair Pequeño said he would also like point-of-sale fees looked at. He asked Director Kucharski if he was aware of any county efforts to implement point-of-sale fees. Director Kucharski said his department and some County Council members have had discussions on point-of-sale fees for such things as white goods and electronics, and also on paint, oil, and household hazardous waste. However, the question was raised on what it would take to administer several small fees on multiple sales of products. The administrative issues, including auditing requirements, would need to be addressed before they go in that direction, but with the COVID-19 pandemic impacts, a positive review may not come of it at this time. This is not to say they shouldn’t try, but it is not as simple as just creating a fee or fees. Commissioner Adams said this is not an issue of just our county, and one of the recommendations of the Solid Waste Advisory Committee was to work with other counties and the state on this. It needs to be dealt with at the state level, like the HI-5 program. Chair Pequeño suggested they encourage the County Council and administration to propose or request their legislators or a state authority to explore this. He asked if anyone was interested in writing a letter to the County Council, mayor, or both. Commissioner Adams said she would rather see this whole funding issue and how it would be tackled as part of the Integrated Solid Waste Management Plan follow-up. The plan still needs to go before the Council. Chair Pequeño said he would remove this agenda item until they have more specifics. c. Continued discussion on the recommendations in the draft 2019 Integrated Solid Waste Management Plan Update. Chair Pequeño asked if there was any update on when the plan is to be finalized, and Director Kucharski said it is anticipated to go before the County Council in August for review and approval. The commissioners discussed how they could show their support for the plan. Ms. Mellon-Lacey said the commissioners could agree amongst themselves on a position and have a commissioner present it to the Council, or they could testify as individuals at a Council meeting, or they could prepare something in writing and submit it to the Council. 5 Chair Pequeño and Commissioners Fulton, Adams, and Gaffney said they wanted to go on record as showing support for the plan. Motion and second: Commissioner Adams moved that the EMC send a letter in support of the Integrated Solid Waste Management Plan 2019 to the County Council, and Commissioner Gaffney seconded the motion. Commissioner McIntosh said he wanted more time to review the plan’s recommendations before providing his support, as there may be some items he did not agree with. Chair Pequeño said he loaded the plan on the website’s chat section so Commissioner McIntosh could see it. As the County Council is to review the plan in August, the commission needs to act quickly. At Commissioner McIntosh’s request, Chair Pequeño read off the six prioritized recommendations in the plan. Ms. Mellon-Lacey said they should do a roll call vote, as it seemed Vice Chair Olson may have gotten disconnected from the meeting. Vote: Chair Pequeño did a roll call vote. Voting aye were Commissioner Adams, Commissioner Fulton, Commissioner McIntosh, Commissioner Gaffney, and Chair Pequeño. There was no answer from Vice Chair Olson. The motion passed. Chair Pequeño said he would draft a letter and wanted another commissioner to help. Ms. Mellon-Lacey said it would not be a conflict of interest for Commissioner Adams to help, and Commissioner Adams volunteered to do so. Commissioner Fulton asked what the status was of the letter the commission had voted to send to County Council urging that a dialog begin for public-private partnerships for water reuse at Kealakehe. Chair Pequeño said he had the letter and would be working with the secretary to have it sent out. 6. NEW BUSINESS a. Discussion on public-private partnerships, such as energy savings performance contracts (“ESPC”) and “Statement of Objectives” Requests for Proposals. Chair Pequeño said he had their secretary provide several items for review: the ESPC guidelines for water resource recovery facilities, the state’s ESPC vendor list, and the RFP on electric vehicles and charging infrastructure. These documents are great examples of how the two mechanisms have been used to facilitate a public-private partnership. Although there may be hoops to jump through, such as due to the Konno decision, this is an opportunity for the county to work with a private entity to complete or do the build-out of certain facilities or infrastructure. 6 The commissioners discussed how they supported pursuing public-private partnerships and their potential advantages, including: • ESPCs are contracts with private energy companies that require no money up front from taxpayers, as the companies expect to recover their investment costs. • They offer a new approach to financing at a time when it is difficult to look at raising taxes. • The county has to always be aware of the impact of pursuing bonds. • It is a proven alternative that would provide financing for some of the expensive things that need to be done. • There is a variety of applications they can be applied to, such as the sewer collection system. • Bringing an energy conservation perspective and thinking about resource recovery is a good way to save money. • It is a mechanism that allows contractors who have done it before to guarantee as part of the contract that it will be at no cost. Director Kucharski said he has been dealing with the issue of public-private partnerships for several years, and a problem has been how to get a contractor under the state’s procurement laws. His understanding of the electric vehicles PPP is that it was approved by the State Procurement Office but is now being looked at by the State Attorney General to see if it is in full compliance with state law. If it gets fully approved, he has draft RFPs ready for contracts to increase the capacity of some of the sewer pump stations, and they could also check on doing a construction contract for the R-1 project. An issue is that the current sewer rates do not cover infrastructure costs, which use bonds paid for from the General Fund. If that debt is transferred to the Wastewater Division as an operating expense, it may require a significant increase in sewer fees. He is in full support of PPPs but is just not sure how we get there from here. Government does not change course easily. He has been working with Riley Saito of Research and Development, as renewable energy falls in their purview, and that is how he learned the electric vehicles PPP is being looked into by the AG. Ms. Mellon-Lacey said there was a bill carried over from the 2019 legislature to start an Office of Public-Private Procurement, which would address the procurement issues. It has not been acted upon due to the current pandemic problems. Commissioner Fulton said she has a difference of opinion with the director on the Konno concern. The case was legitimate, but it is not legitimate to continue to use it as an obstacle towards progressive remedies to the problems we have. It is her understanding that if nobody is harmed, there is no grounds for a Konno type of lawsuit. Ms. Mellon-Lacey said unions bring up this type of lawsuit. When work becomes privatized and is no longer done by a union worker, it is viewed as harm. It is complicated. 7 Commissioner Gaffney said he believes state law already provides the authority for ESPCs and that Honolulu and Maui are already moving forward with large ESPCs, so he does not understand why it is taking our county so long to get to the same place. Director Kucharski said he is not familiar with those ESPCs, but Hawaiʻi County’s wastewater fees are significantly lower than any of the other counties’ fees. He is more than happy to check with the other counties about their ESPCs. Chair Pequeño said a way the commission could support the department is to urge the county administration to explore the scope of the ESPCs the other counties have been working towards. They could explain how it would benefit DEM’s operations and services. Commissioner Gaffney said this needs to remain as a continuous agenda item, because the conversation needs to move forward between DEM and R&D. They also need to learn about the other counties’ ESPCs, and as a reminder, Hawaiʻi County has used ESPCs in the past. Chair Pequeño said for the next meeting they could ask Steve Holmes to provide a presentation on ESPCs, and they could also invite R&D and Finance to be part of the presentation. Commissioner Gaffney said he would like Riley Saito to give input on how the county has used ESPCs in the past and what he sees as hindering them from being used for wastewater management on the Big Island. Chair Pequeño said he would have an invitation sent to Riley Saito. 7. REPORTS/CORRESPONDENCE: Director’s Informational Report. • There is still a delay in the Kealakehe R-1 upgrade due to the EIS being held up for cultural review. SHPD approved the AIS but had some comments, so responses are being drafted. The design is mostly complete, but how construction is bid out will be an issue. • About 1,200 sleeve packs for the collection system along Aliʻi Drive have been ordered. These packs will go inside the piping system to stop leaks and reduce I&I. They are formalizing the repair of all the Aliʻi Drive forcemain systems. The sleeves are an interim solution, as the entire system is old and needs to be replaced. • There was a break at the Keopu Pump Station earlier this month. It was 12 hours before the break was reported. They were able to divert around it and repair the break, which was caused by an old repair sleeve on the forcemain. They will be replacing about 50 feet of piping and checking the rest of the system with cameras. • Scrap metal and white goods collection has resumed. It was closed earlier during the pandemic due to a shortage of drivers and other personnel. The mayor has approved new driver positions, and they will be in the process of hiring soon. • On the recycling overview requested by Commissioner McIntosh, he would propose deferring it until the next meeting and having George Hayducsko, their Recycling Coordinator, do a presentation. 8 • On the abandoned vehicle overview requested by Commissioner McIntosh, he can provide information at the next meeting, and he would request it be deferred until then. • He described the sewer repair packages used in Kona, how they get pushed into the existing collection system, expanded, set, and essentially become a new pipe inside the existing pipe. They will be proceeding along Aliʻi Drive in an a?empt to ensure the system is better. They are awaiting a new CCTV truck for the west side exclusively. One truck is approximately a $400,000 investment by the county, and this does not include the personnel and training needed to use it. They are also moving forward with the legislation needed to get control over the private laterals in the system, particularly from large commercial users. They are also in the process of dealing with a pre-treatment program, and code changes and administrative rules are being worked on to cover the process. Commissioner Adams asked the director about testifier Sandra Demoruelle’s statement about the Nāālehu spill being more than 70 gallons and the reporting requirements. ʻDirector Kucharski said there is a lawsuit on the matter, so he cannot comment directly. He gave a brief “primer” on how collection systems in general work in rural communities, how laterals are usually 4 to 8 inches, and how many gallons they could leak based on the length of the line and width of the pipe. A broken 100-foot, 4-inch pipe would leak about 65 gallons, and a broken 100-foot, 8-inch pipe would leak about 260 gallons. The reporting requirement to the State DOH is 1,000 gallons. Commissioner Adams asked about the status of e-waste collection, and the director said it is his understanding that they are waiting for the state to determine what the e-waste grant will be. Until they have that firm commitment, they cannot commit to collecting with no funding source. Commissioner Fulton said she was excited about DEM working towards being able to inspect private laterals, as there is high index of suspicion that leaks are coming from them. She also complimented the department and Alika DeMello (superintendent at the Kealakehe WWTP) for responding so quickly to the sewer spill on Aliʻi Drive once they received notice of it. She would like to be privy to see the chloride readings of the various wells associated with the pump stations and asked if she could get that information. Director Kucharski said yes, but he would need to check on the frequency of the pump station samples, as they do not have permanent chloride monitoring of the wells. He will get what data they do have. Commissioner Gaffney asked about the latest sewer leak into Kailua Bay. Director Kucharski briefly explained how pump stations work. When they dug up the pipe on this leak, there was sewage bubbling up in the road in different locations, so they shut the pump down and diverted the flow using another pump station. The line was clay, and they found a concrete sleeve around the clay pipe, and this is what was releasing. It was an old patch that failed, so now it is being replaced with a new line for about 50 feet. 9 Chair Pequeño asked what the process is in responding to leaks. Director Kucharski said the general process is that a call is received, usually by the police, Civil Defense, or DEM, that wastewater appears to be bubbling up in the ground. DEM has stand-by staff who are immediately dispatched to the location of the reported release, where they try to determine if it is from the county sewer or a lateral. Sometimes contractors have to come in with heavy equipment to dig down, depending on the situation. Once the leak is fixed, they will collect from the areas that had contact with the sewage and disinfect. Then they come up with calculations and report to DOH, and DOH will inspect and determine whether to close any beach areas and whether DEM’s handling and treatment of the release was appropriate according to state laws. Chair Pequeño asked how frequently sewer pipelines are inspected, and Director Kucharski said they need to improve on their average of every two to three years. They have been purchasing equipment to help with this. One problem has been the lack of an electronic data base of testing and video, but their new Asset Management Plan will provide for that and increase their efficiency. If they had a newer system of pipes, checking every two years should be sufficient, but the current system is old and needs upgrading. Commissioner Gaffney asked if there is a spill response management plan, and said he would like to see it. Director Kucharski said he will check on it. 8. FUTURE AGENDA ITEMS Chair Pequeño said to let him and the secretary know if there were any items they would like on the next agenda. 9. ANNOUNCEMENTS Chair Pequeño announced the next meeting of August 26, 2020, saying it would probably be on-line again. 10. ADJOURNMENT Motion and second: Commissioner Fulton moved to adjourn, and Commissioner Gaffney seconded the motion. Michael Last spoke up and said he wanted to comment on abandoned vehicles, as he is concerned about the situation in Ocean View. Chair Pequeño said the time to provide public testimony had passed, and they were just about to adjourn. However, comments are valuable, and he asked Mr. Last to email them to the commission’s secretary so they could be addressed appropriately. Mr. Last said he would do so. Commissioner Fulton said she wanted to comment on Jerome Warren’s testimony. He made a legitimate point about maintaining order. If there is a visual scene that suggests 10 attention is not being paid to maintaining order, it invites anarchy and crime. Abandoned vehicles bring an aura of seediness to an area, and they should turn their attention to this. Chair Pequeño said he would put abandoned vehicles on the next agenda, and Mr. Last can comment then. He called for a vote. Vote: All commissioners voted aye to adjourn. The meeting adjourned at 11:34 a.m. Respectfully submitted: Mary E. Fujio, Secretary (with her signature)