HomeMy WebLinkAboutPetitioner ʻIewe Hanau O Ka Ainaʻs Reply in Support of its First Amended Petition David Kimo Frankel 5791
1638-A Mikahala Way
Honolulu, HI 96816
(808) 345-5451
davidkimofrankel@gmail.com
Attorney for `Iewe Hanau o Ka `Rina
BEFORE THE WINDWARD PLANNING COMMISSION
COUNTY OF HAWAII
STATE OF HAWAII
In the Matter of: ) PL-CCH-2024-000024
Black Sand Beach LLC's Special Management ) `Iewe Hanau o Ka `Aina's Reply in Support
Area Use Permit Application (PL-SMA-2023- ) of Its First Amended Petition for Standing in a
000046) ) Contested Case Hearing; Exhibit A
Hearing Date: May 6, 2024
Hearing Time: 9:00 a.m.
`Iewe Hanau o Ka `Aina's Reply in Support of Its
First Amended Petition for Standing in a Contested Case Hearing
Black Sand Beach LLC's memorandum in opposition to the intervention request of
`Iewe Hanau o Ka `Rina is strange.
First, Black Sand Beach LLC—represented by two former County employees, Daryn
Arai and Lincoln Ashida—knows that if it opposed the intervention of`Iewe Hanau o Ka `Aina,
it was legally obligated to file its opposition more than a month ago. Rule 4-6(g)provides: "If
any party opposes the petition for intervention, that party shall file, within five (5) days after
being served, his or her motion opposing the petition upon the Commission, all other parties and
the intervenor." On March 18, 2024, the planning department sent a copy of the first amended
petition to Daryn Arai, Black Sand Beach LLC's consultant. Black Sand Beach LLC filed its
opposition far too late.
Second, it ignores the planning commission's Rule 4-6(b)(5), which explicitly admits as
parties "Persons who are descendants of native Hawaiians who inhabited the Hawaiian Islands
prior to 1778, who practice those rights which are customarily and traditionally exercised for
subsistence, cultural or religious purposes." The supreme court specifically held that native
Hawaiians who have exercised traditional and customary practices have an interest in a
proceeding for the approval of an SMA permit that is clearly distinguishable from that of the
general public. Public Access Shoreline Hawaii v. Hawaii County Planning Com'n, 79 Hawai'i
425, 434, 903 P.2d 1246, 1255 (1995). Nohea Ka`awa, a member of`Iewe Hanau o Ka `Rina
testified to you back in March about her cultural connection to the area. She, and other members
of `Iewe Hanau o Ka `Rina engage in cultural practices in the area and cares deeply about the
protection of iwi. Iwi and traditional and customary practices would be adversely affected by this
proj ect.
Third, Black Sand Beach LLC ignores the planning commission's Rule 4-6(b)(4), which
allows the intervention of parties who are threatened with injury by the proposed project. In
Cmty. Associations of Hualalai, Inc. v. Leeward Planning Comm'n, 150 Hawaii 241, 249, 500
P.3d 426, 434 (2021), the supreme court noted that residents who faced injuries, including noise
and negative aesthetic effects from a nearby development had interests that were clearly
distinguishable from that of the general public, and had a right to a contested case hearing. See
also Akau v. Olohana Corp., 65 Haw. 383, 388, 652 P.2d 1130, 1134 (1982). The proposed
project jeopardizes water quality. Attached is a document filed with the Public Utilities
Commission that documents that"no new sewer connections [are] allowed until [the] facility is
upgraded or rerated." Exhibit A at 5. While it can sort of handle existing capacity, there is no
evidence that it can deal with any more sewage. The wastewater treatment plant is full of broken
2
equipment and must be upgraded to safely dispose of sewage generated by current demand.
Aqua Engineers called for replacing the entire wastewater treatment facility. Exhibit A at 12.
Yet, in its SMA application to the planning commission, Black Sands, LLC indicates that it is
not planning any repair or improvements to the wastewater treatment plant. See Application at
pages 17-18. On page 18, it declares, "No expansion of the existing sewer system or the
wastewater treatment plant is proposed."'
If granted intervention, `Iewe Hanau o Ka `Rina will demonstrate that the proposed
project violates HRS chapters 6E, 343, 195D, 226, and 205A. It will also show that the impacts
of this project are significant, that the project is inconsistent with the objectives and polices of
coastal zone management as well as the general plan.
Dated: Honolulu, Hawaii, May 2, 2024.
/s/David Kimo Frankel
Attorney for `Iewe Hanau o Ka `Rina
i Please note that Black Sands, LLC says that repair and maintenance of the wastewater
treatment facility is imperative. But the treatment plant's owner, whose agent is Black Sands
Beach, LLC, is already legally obligated to maintain and repair the plant pursuant to HAR § 11-
62-06(d). This development cannot be used an excuse to correct problems that are already
required to addressed.
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4d�� AQUA ENGINEERS
AN EMPLOYEE OWNED COMPANY
Punalu'u Water & Wastewater
Operations & Infrastructure
July 1, 2020
Table of Contents
1. Introduction
2. Description of Potable Water System Operation
3. Description of Potable Water System Infrastructure
4. Potable Water System Capacity
S. Description of Wastewater System Operation
6. Description of Wastewater System Infrastructure
7. Wastewater System Capacity
8. Equipment Listing, Remaining Useful life and Replacement Cost Spreadsheet
9. Capital Improvements for years 1 -3
Exhibit A
Page 1 of 12
,J0,:, AQUA ENGINEERS
AN EMPLOYEE OWNED COMPANY
1. Introduction
On September 1, 1999 Aqua Engineers Inc. signed its first contract with Punalu'u Water and
Sanitation Corporation to provide operation and maintenance services for their potable water and
wastewater systems.
Over the next 21 years Aqua Engineers Inc. operated the Punalu'u Water and Wastewater systems
within the State of Hawaii, Department of Health guidelines as supported by ownership.
The scope of this report will focus on providing ownership an up to date description of operations,
infrastructure and meet the Public Utility Commissions request for the following information.
• A plant capacity analysis study of the water and wastewater facilities which shall, at a
minimum:
o (A) include an assessment of the remaining useful service lives to ensure that the
existing plant capacities are sufficient to meet current customer needs;and
o (B) be used to verify the existing system maps to ensure that Buyer has a verified
map of all water and wastewater facilities and infrastructure used to service
existing customers;and
• Projected capital improvements for the water and wastewater utility operations,including
Buyer's anticipated use of the amounts referenced in Paragraph No. 2.1(c)of the Amended
and Restated Purchase and Sale Agreement,filed under confidential seal.
2. Description of Potable Water System Operation
Punalu'u Water System is rated by the State of Hawaii, Safe Drinking Water Branch as a class 1
distribution system. System ID is PWS 114. System provides potable water to the Sea Mountain
Resort, 75 individual condominiums located at the Colony One Complex, fourteen single family
residences and the County of Hawaii, Black Sands Beach Park. Punalu'u water system also serves the
Sea Mountain at Punalu'u golf course which has four irrigation ponds for storage.
The source of water is two groundwater wells registered with the State of Hawaii, Commission on
Water Resource Management. Well A "USE" is listed as municipal and Well B "USE" is listed as
irrigation. Wells are located on the Makai side of Mamalahoa Hwy and Alahaki Road intersection.
Daily flow readings are provided by the 12"flow tube.
Both wells pump via a 16" ductile iron pipe to the 1-million-gallon concrete storage tank located at
the top of Alahaki Road.Tank elevation is 305 feet above sea level.
From the storage tank, water gravity feeds the distribution and fire protection systems.
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Exhibit A
Page 2 of 12
,J,�,,, AQUA ENGINEERS
AN EMPLOYEE OWNED COMPANY
Punalu'u Water System disinfection is accomplished with the addition of sodium hypochlorite.
Sodium Hypochlorite is purchased in 300-gallon totes,transferred into a 55-gallon drum,and injected
and into the water system when Well A is in operation. Chlorine residual is checked and recorded
three times per week at the one-million-gallon storage tank. On the first Tuesday of every month
water samples are drawn at a Department of Health designated sample point and submitted to the
State of Hawaii, Hilo Laboratory for analysis. Each sample is analyzed for Total Coliform bacteria.
Chlorine residual is tested at the time of sampling. Every year water samples are collected and
analyzed for disinfection By-products. The current sampling schedule requires testing for Lead and
Copper every three years and Radiological samples collected every nine years.
Consumer Confidence Reports are filed each year in June with the State of Hawaii,Safe Drinking Water
Branch and distributed to all Punalu'u Water System customers.
Ninole Pump station is provided backup power by a 250 KW Kohler diesel generator.
3. Potable Water System Infrastructure
Ninole Well A(8-0831-002)
Total Depth—172 feet, casing is 18-inches, Solid Casing—to 117 feet, Perforated casing to 147 feet,
it is a public municipal well drilled in 1969. Well is operational. The existing pump was replaced in
2011 and the motor in 2018. 100-amp breaker was upgraded to a 300 am breaker in 2019. Pump
control valve is 8" and operational. Well starts and stops using a timer that is set to pump for 3
hours per day from 7:00am— 10:00am. Well was flow tested in 2011 and registered a pumping rate
of 730 gallons per minute.
Ninole Well B(8-0831-003)
Total Depth—172 feet, casing is 18-inches, Solid Casing—to 112 feet, Perforated casing to 147 feet.
Well was drilled in 1971. Well B designated use is currently listed as golf course irrigation well. Well
B is not operational; Well B has been offline for 5 years plus.
12 Inch Flow Tube
Meter does not work, daily and monthly flows are calculated and reported by multiplying pump run
time hours (RTH)X 730 (GPM) gallons per minute.
One Million Gallon Concrete Storage Tank
Tank is constructed of concrete and reinforced steel.Tank is 20 feet tall and has a diameter of 92
feet. There is a ladder mounted on the side of the tank to provide access to the top where there is
an entrance hatch and access to the float control. Tank is not fenced in and there is no gate at the
start of access dirt road. Located at the tank site are abandoned golf course booster pumps. Tank
is leaking form the bottom from two locations.
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Exhibit A
Page 3 of 12
44;:, AQUA ENGINEERS
AN EMPLOYEE OWNED COMPANY
Emergency Power Generation
Punalu'u potable water pump station is designed with an 250kw emergency power generator for
power outages, generator is not operational and un-reparable.
Fire Protection
Fire protection is provided by seventeen Clow fire hydrants with three outlets on each hydrant. Six
of the seventeen hydrants do not work. To meet fire flow requirements, it is always important to
operate the 1-million-gallon tank at a level not lower than 15 feet.
Distribution System Valves
Distribution system has an estimated 7,920 feet of 12" pipe. Distribution system has twenty-one
water meters that are read one time per month. Twenty-one in line valves,of which six are frozen
and need to be replaced, system pressure of 140 at the lowest point.
4. Potable Water System Capacity
The largest user of potable water is the golf course. With the golf course closed all of 2019, we can
see that commercial water consumption decreased by 44,073,030 gallons from year 2018 to 2019.
During the same period residential consumption remained relatively consistent.
Based on the 2018 and 2019 consumption and pumping numbers as presented in the table below it
is reasonable to assume that if Well A was to continue to produce at a rate of 730 gallons per
minute with no other commercial/ residential additions, and the golf course closed the existing
potable water system should have capacity to meet the needs of the existing customers for the next
three years.
It is important to note,that with only one well operational there is no system redundancy. Should
well A go down for an extended period of time the ability to meet fire protection and daily potable
water demands would be compromised.
Account (Meter)Classification 2018 2019
Commercial Water Sold 73,272,728 29,199,698
Residential Water Sold 13,398,712 16,308,502
Total Gallons of Water Sold 86,671,440 45,508,200
Average Water Sold Per Day 237,456 124,680
Total Water Pumped 87,616,000 45,509,000
Average Well Run Time Per Day in Hours 5.48 2.85
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Exhibit A
Page 4 of 12
,jo,:, AQUA ENGINEERS
AN EMPLOYEE OWNED COMPANY
5. Wastewater System Operation
Punalu'u wastewater operations is divided into three parts, collections, pump station and the
Puna Iu'u Wastewater Treatment Facility. Collection system starts at the top of Ala hiki Road serving
the single-family residences, golf course operations building,tennis courts and the Colony One
Condominium. Collections system does serve the County of Hawaii, Black Sands Beach Park, the
Visitor Center, or the resident located across the visitor center.
Collection system feeds the Ninole wastewater pump station located at the corner of Ninole Loop
Road and Golf Course Road, at an elevation of 36 feet above sea level. Station has two ITT Marlow
self-priming solids handling pumps. Both pumps do not work. Station uses a float system to start
and stop. Currently station wet well is pumped with a 7.5 HP effluent pump, pumping
approximately four hours per day at 40 gallons per minute.
Ninole pump station pumps to Punalu'u Wastewater Treatment plant which is classified as a Grade 2
Facility by the Hawaii Department of Health, Wastewater Branch. Treatment facility is currently
approved for a capacity of 20,000 gallons per day. With no new sewer connections allowed until
facility is upgraded or rerated. Department of Health mandated monthly effluent grab samples are
taken and shipped to FQ Labs in Oahu for analysis of Biochemical Oxygen Demand (BOD) and total
suspended solids(TSS).
6. Wastewater System Infrastructure
Collections& Force Main
Collections system consist of twenty-two manholes, 4,500 feet of six-inch gravity line made of Terra
Cota clay pipe. Force main is an estimated 3,100 feet long and is also made of six-inch Terra Cota
clay pipe. It is unknown if the force main from the Black Sands pump station was properly plugged
when the station was abandoned after the 1965 tsunami.
Ninole Pump Station
Has two ITT Marlow Series Trash Hog pumps. Model number is 4DTH24EL-EB Impeller diameter 9.65
with electric 10.5 Hp motors, 3 Ph, 1700 rpm. Both motors work and both pumps do not work.
Pump#1, suction line located in the wet well has holes in it and unable to hold suction for pumping.
Pump#2 suction line has holes in it, the pumps seals, bearings are burnt,and the impeller is worn.
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Exhibit A
Page 5 of 12
,jo,:, AQUA ENGINEERS
AN EMPLOYEE OWNED COMPANY
Black Sands Pump Station
It is Aqua Engineers Inc. understanding that the Black Sands wastewater pump station was damaged
and abandoned after the 1975 tsunami. We never received plans or were informed if the gravity or
force main lines was properly plugged when the statin was taken offline.
Punalu'u Wastewater Treatment Plant
In 2007 Punalu'u treatment facility made many changes in its operation due to the need to cut cost.
Facility was downgraded from its design capacity of 100,000 gallons per day to 20,000 gallons per
day. Also, in 2007 the facilities sludge disposal was changed from sludge sand drying beds to
effluent rapid infiltration disposal beds. Disinfection was also stopped in 2007 as the plant was
downgraded from R-2 to disposal beds,this eliminated the use of the chlorine.
One of the results of this Department of Health approved action was the need for a sludge bagger
for sludge removal. This unit was installed in early 2008, on average our staff removes 180 pounds
of dried sludge (Three 60# Bags) every two weeks from the facility. Sludge is hauled to Hilo and
disposed of in a trash bin.
Treatment Plants influent and effluent meters do not work. Both Return Activated Sludge (RAS)
pumps do not work, facility backup power generator does not work,and the clarifier baffles are
filled with holes making proper separation of floating solids by the scraper impossible at times.
Clarifier scrapper motor needs to be replaced.
Disposal beds are scrapped once per year to help with rapid infiltration.
7. Wastewater System Capacity
A request to downgrade the existing treatment plant capacity from 100,000 to 20,000 was
submitted in April of 2017 to the Hawaii Department of Health and was approved.
In 2018 daily influent flow averaged 7,199 gallons, in 2019, 7,866 gallons and so far in 2020 influent
flows are averaging 7,345 gallons pe day. Highest average influent flow was recorded in December
of 2019 at 10,757 gallons per day. Lowest average influent flow recorded in February 2020 at 4,866
gallons per day.
Based on the Department of Health approved Treatment Plant capacity of 20,000 gallons per day,
and the daily averages over the past two plus years as show in the table below it is reasonable to say
that the wastewater treatment facility does have the capacity to meet existing customer needs.
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Exhibit A
Page 6 of 12
44;:, AQUA ENGINEERS
AN EMPLOYEE OWNED COMPANY
Total Gallons Per
Year Month Gallons Da
2020
May 273,840 8,834
April 256,200 8,540
March 272,580 8,793
February 141,120 4,866
January 172,620 5,568
2019 December 333,480 10,757
November 196,980 6,566
October 209,160 6,747
September 214,620 7,154
August 314,160 10,134
July 323,820 10,446
June 193,280 6,443
May 193,200 6,232
April 185,640 6,188
March 234,360 7,560
February 226,380 7,806
January 246,120 7,939
2018 December 221,340 7,140
November 222,600 7,420
October 215,880 6,964
September 166,320 5,544
August 205,800 6,638
July 162,540 5,243
June 162,960 5,432
May 166,740 5,379
April 241,500 8,050
March 293,580 9,470
February 274,260 9,795
January 294,000 9,484
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Exhibit A
Page 7 of 12
44;:, AQUA ENGINEERS
AN EMPLOYEE OWNED COMPANY
8. Equipment Listing, Remaining Useful life and Replacement Cost Spreadsheet
a. WWTP Listing
Effective Remaining
Equipment Description Service Life Useful Life
Mechanical Aerator 59 9
Mechanical Aerator Motor 10 7
Tank Railings 54 4
Aeration Tank 75 25
Building 30 -
Doors 10
Lab Counter/Cabinets 20
Eye Wash Station 8
Air Conditioner 7
Sample Fridge 7
Genrator 30
ATS 30
MCC Cntrl Pnl#1 30
MCC Cntrl Pnl#2 30
MCC Cntrl Pnl#3 30
Hot Water heater 7
Internal 110v circuit panel 30
Mission SCADA 20 -
Tank Railings 54 4
Tank Grating 10 -
Weirs/Baffles 8 3
Effluent Pumps 20 -
Effluent Pump Valves 25
RAS Pump Valves 25
RAS Pumps 20
Scum Pump 15
Effluent Row meter 15 -
Gravity Collections Rpe 75 25
Manholes 75 25
Percolation Sumps 15 -
Influent Flow meter 15
Barminuter 31
Bypass Screen 31
Plant Lighting 10 -
Rant Fence/Gate 54 4
Pavement 70 20
8 Page
Exhibit A
Page 8 of 12
44;:, AQUA ENGINEERS
AN EMPLOYEE OWNED COMPANY
b. Pumpstation Listin>;
Effective Remaining
Equipment Description Service Life Service Life
Pumps 15
Motors 10
Control Panel 15
Portable Generator 7
Housing 20
Alarm Sys/Level Control 20 -
Complete Replacement 56 20
c. Water System Listing
Effective Remaining
Equipment Description Service Life Service Life
Building 56 20
Building Doors 10 -
Chlorine metering punp 15 2
Eye Wash Station 40 4
Fencing 1 39 3
Fence Gate 20 -
MCC Panel main 39 3
Generator 30 -
Generator ATS 30
Well Pump 30
Well Pump ValveslRiping 25
Flow meter 20
Pressure Sensor 6
Chlorine Booster Pump 15
Tank 30 -
Tank Ladder/Railing 46 10
Gratin 10 -
Tank Access Cover 41 5
Sample Point Raping 10
Fre Hydrants 35
Water Meters 19 -
16"Distribution Raping 86 50
12"Distribution Raping 86 50
12"Isolation Valves 12 total 86 50
9Page
Exhibit A
Page 9 of 12
Ao,� AQUA ENGINEERS
AN EMPLOYEE OWNED COMPANY
9. Capital Improvements for years 1—3
Ownership will be processing new entitlements over the next 3 years, and the planned
improvements and repairs being planned will need to be consistent with such entitlements.
Potable Water System Justification
Upgrade wiring and install soft Existing well motor does not have soft starters. This
starter for 100 horsepower motor for creates a higher amperage demand charge during
Well A. daily start-ups. Not having soft starters also shortens
the useful life of motor.
Replace 21 water meters with Badger Replacing the meters will improve accuracy in the
M25 positive displacement meters monthly meter reading consumption report.
Replace motor control center and Building contains high voltage, Replacement will
chlorine pump room doors and provide security from trespassers, rodents, and the
ventilation louvers. weather. Doors are beyond repair.
Replace chain link fencing as needed Provide security for facility.
and replace entrance gate
Install SCADA monitoring system at SCADA system will provide 24-hour monitoring of the
million-gallon tank and potable well tank height and provide a more efficient pumping
site. operation.
Replace existing 16" x 12"flow tube Meter does not work; daily pumping totals are
and totalizer. calculated by multiplying the run time hours by the
estimated pumping rate of 730 gallons per minute.
Increase reported pumping accuracy.
Wastewater System Justification
Install effluent meter at treatment Effluent flow meters are required by the Department
plant. of Health at all wastewater treatment facilities.
Install SCADA monitoring system at SCADA system will provide 24 hours monitoring of wet
wastewater pump station. well height and alarms for high and low levels.
Replace pump at wastewater pump Existing Pump is failing. New pump will be able to
station with a new 7.5 hp Barnes pump more waste in less time which will decrease the
grinder pump. Replace wiring in daily run time.This will result in lower electrical cost
panel as needed to provide for water and lessens the chance of a wastewater spill.
seal alarms.
101Page
Exhibit A
Page 10 of 12
Ao,� AQUA ENGINEERS
AN EMPLOYEE OWNED COMPANY
Ownership will be processing new entitlements over the next 3 years, and the planned
improvements and repairs being planned will need to be consistent with such entitlements.
Potable Water System Justification
Replace inoperable backup power Backup power generation will assure the potable water
generator and upgrade transfer system and the fire protection is functional during
switch at pump station extended periods of no grid power.
Repair 1-million-gallon concrete Concrete tank is leaking form the bottom from two
tank locations. It needs to be determined if it is more cost
efficient to repair the tank from the outside or take the
tank offline and refurbish from the inside.
Replace 5hp chlorine booster Pump is past its useful life. Booster Pump is critical to the
pump successful disinfection of the potable water system.
Should pump fail daily injection of sodium hypochlorite to
meet DOH disinfection requirements would stop.
Replace 8" pump control valve for Existing valve is past a its useful life. Pump Control Valve
Well A is used to control water flow from the deep well to the
system during the start and stop process. Should valve
fail, well would be inoperable until replaced.
Well B Well B is inoperable. Replace well casing, pump motor,
control valve, install soft starter, install heater coils for
motor, replace 100 amp breaker, replace run time hour
meters, update wiring as needed in MCC panel and run
water quality test as required by Department of Health.
Wastewater System Justification
Replace portable backup power Backup power generator will be used to power up
generator for wastewater pump wastewater pump station during extended periods of no
station power. This will prevent wastewater spills.
Camera collections system to Line is 50 years old and has never been flushed or CCTV
confirm condition of line. for cracks, root intrusion or blockage. System is estimated
at 4,500 feet long.
111 Page
Exhibit A
Page 11 of 12
44;:, AQUA ENGINEERS
AN EMPLOYEE OWNED COMPANY
Ownership will be processing new entitlements over the next 3 years, and the planned
improvements and repairs being planned will need to be consistent with such entitlements.
Potable Water System Justification
Repair or replace fire hydrants as Replace damaged fire hydrants and repair valves as
needed. needed.
Replace distribution system Replace broken 12-inch system gate valves
broken gate valves
Wastewater System Justification
Replace wastewater treatment Based on the condition of the existing facility It would be
facility more cost efficient to replace the treatment plant with
newer technology that is eco-friendly and would be built
on a smaller footprint.
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Exhibit A
Page 12 of 12