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2001-10-24 Enviromental Management Commission Minutes
Minutes for Wednesday, October 24, 2001Page 1 of 4 Return to: Home Page | Table of Contents | Commission Page ENVIRONMENTAL MANAGEMENT COMMISSION MINUTES AS AMENDED Wednesday, October 24, 2001 9:07 a.m. Kona Police Department Conference Room 74-5221 Queen Kaahumanu Highway, Kailua-Kona, Hawai`i 96740 PRESENT:Barbara BellALSO PRESENT:Galen Kuba, Acting Director for EM Riley SmithGerald Takase, Corporation Counsel Hugh OnoLarry Capellas, SWD Peter MartinPeter Boucher, WWD Sam KawamuraDennis Tulang, State DOH, Wastewater Branch Luana JonesDenis Lau, State DOH, Clean Water Branch Carolyn WitcherJon Olson Bob Platt EXCUSED:David Frankel Mack Asato STAFF:Kristen Griffiths 1.CALL TO ORDER Barbara Bell called the meeting to order at 9:07 a.m. 2.APPROVAL OF MINUTES OF SEPTEMBER 26, 2001 MEETING Sam Kawamura motioned to approve the Minutes of the September 26, 2001 meeting. Peter Martin seconded. Hugh Ono commented that the motions should be bold within the minutes since they are major things that we take action on. Minutes should just report the significance of the meeting. Do summary type Motion was unanimously carried. minutes. 3.APPROVAL OF MINUTES OF SEPTEMBER 26, 2001 PUBLIC HEARING Peter Martin motioned to approve the Minutes of the September 26, 2001 Public Hearing. Hugh Ono seconded.Motion was unanimously carried. 4.STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON AGENDA There were no statements from the public. 5.APPROVAL OF ADDENDUM AND/OR SUPPLEMENTAL AGENDA Riley Smith motioned to add Jerry Rothstein’s letter to the agenda. Hugh Ono seconded the motion. Unanimously carried. 6.REPORTS/CORRESPONDENCE Letter to Mayor Kim Re: Reappointment of the SWAC was sent to Mayor Kim. Director’s Report As circulated. file://C:\Test1\minutes102401.htm6/22/2011 Minutes for Wednesday, October 24, 2001Page 2 of 4 SOLID WASTE DIVISION CHIEF’S REPORT As circulated. WASTEWATER DIVISION CHIEF’S REPORT Peter Boucher discussed the Brown and Caldwell Grease Disposal Study. Their recommendation for the most expeditious method of handling grease would be to set up an area at the landfills, mixing the grease with green waste and something else to absorb the grease, and then landfill it. He received a copy of a letter from the Governor to the Mayor stating that there is no direct provision to continuously appropriate money to the County for that purpose of taking over the individual wastewater systems. 90% of all States run individual wastewater systems at a County level. The Governor is saying there is no mechanism for the State to be funding this program on a continual basis. He is asking if the County would accept a one-time payment. The County will probably not accept a one time payment for that. If the State does not continue funding, the annual cost is approximately $140,000/year. By asking the people of the County to absorb these additional fees, we are basically adding to the tax burden of the County. It was anticipated that the money the State is spending on it now could be transferred to the County to administer the program instead. It is possible to add a user fee to cover the individual wastewater systems. Those users would be getting additional services such as an annual inspection of the systems and better management of the overall system. This program is better run with the building permit process. Most Counties’ funds come from a combination of State funding, generation of fees for review purposes, along with local County revenues. Gerald Takase stated that there is a constitutional mandate that says whenever the State transfers programs to the County, they need to fund those programs. Response to DOH Re: Kealakehe Treatment Plan is not acceptable. They need a definitive timetable for implementing reuse in Kona. Mayor has signed the Development Agreement with the U.S. Bureau of Reclamation for the design of the wetlands. They have conceptual plans in place and preliminary engineering design of the subsurface wetlands. They are being reviewed now. DENNIS TULANG, STATE DOH, WASTEWATER BRANCH – Annual Operations and Maintenance Inspections of Wastewater Facilities Wastewater Branch is comprised of the Grants Management Section (SRF Loans), Planning/Design Section (Review Plans and Specifications), and Construction Operations Section (O & M Inspections). If your effluent discharges on land or into the ground, it is the responsibility of the Wastewater Branch. Wastewater Advisory Committees were set up to reevaluate the way wastewater was managed at a state level. Each committee made recommendations to the Director on which areas should be prohibited or restricted from using cesspools. It was a time when a cesspool was the preferred choice. Cesspools were allowed in the areas that they would least likely affect drinking water or near shore waters. Those recommendations have been incorporated into the rules. We are proposing new rules which are going to be sent to the Governor for approval to go to public hearing. In those new rules, the proposal is to ban new cesspools entirely throughout the whole State. There is a proposal requiring registration of all waste pumpers. Must keep a manifest of all their pumpings and where they dispose of it to hopefully minimize the problem of illegal dumping. All public facilities cannot use cesspools. DENIS LAU, STATE DOH, CLEAN WATER BRANCH – NPDES (National Pollutant Discharge Elimination System) Permitting Tasked to implement provisions of the Federal Clean Water Act for the U.S. Environmental Protection Agency. Federally delegated program. If your effluent discharges into a body of water, it becomes the responsibility of the Clean Water Branch. The Clean Water Branch consists of four different functions: Engineering, Monitoring (Water Quality Monitoring), Enforcement, and Pollutant Runoff Control Program. Treatment plants are inspected annually. After the Wastewater Division responds to Unacceptable Rating, there should be a letter from DOH acknowledging file://C:\Test1\minutes102401.htm6/22/2011 Minutes for Wednesday, October 24, 2001Page 3 of 4 the County’s response. Peter Boucher stated that they just repaired a number of leaks. The total flow is down 20%. LETTER FROM JERRY ROTHSTEIN RE: KEAHOLE POWER PLANT Barbara Bell received a letter from Jerry Rothstein regarding the Keahole Power Plant Improvement Project and was asked to put this on the agenda. Gerald Takase stated that he is asking that the Commission take a position on the Keahole Power Plant because it involves the environment. The Commission’s role is to advise the Department. The Commission does not have an overall global environmental concern. Recommended that it is beyond the scope of the Commission’s authority to lend their support to this issue. Will be put on the next agenda. 7.OLD BUSINESS Creation of SWAC Subcommittee Must send all information to SWAC members and Commissioners until they are formally excused. 8.NEW BUSINESS Establish Sewer User Fees by the Environmental Management Commission Peter Boucher followed up on suggestion by Councilman Yagong that perhaps the user fees be established by the Environmental Management Commission rather than through Council. Requesting that the legislative auditor to draft a bill that would formally transfer that authority and then run it through the administration. Gerald Takase stated that in Section 2130 of the Code grants the ability to the Department Head to establish a flat rate for sewer services. Having that in the Code is helpful to the Commission because it does potentially give the Commission the right to do it. Right now the Council has assumed that duty. It will be a couple step process. Council needs to repeal their schedules that they have and make a clearer delegation of this authority to this Commission. Right now under the Charter and the Rules for the Department of Environmental Management, there is no clear mandate to the Commission. The Commission is really to advise the Department. The Commission doesn’t have any rate setting powers, but that can be delegated to this Commission by the Council if they so choose. Luana Jones moved that the Environmental Management Commission initiate the process to accept the responsibility for setting wastewater-related fees. Carolyn Witcher seconded. Motion was unanimously carried. 9.ANNOUNCEMENTS Carolyn Witcher requested a status report on the Pahoehoe Plant for the next meeting. She will email her specific questions to Peter Boucher. Wednesday, November 28, 2001, 8:30 a.m. – 10:30 p.m., Waimea Community Center (Park) Building, 65- 1260 Kawaihae Road, Kamuela, Hawai‘i 96743. Wednesday, December 19, 2001, 9:00 a.m. – 12:00 p.m., State Office Building, Conference Rooms A & B, 75 Aupuni Street, Hilo, Hawai‘i 96720. 10.ADJOURNMENT Carolyn Witcher moved to adjourn the meeting. Hugh Ono seconded. Motion was carried unanimously. Meeting was adjourned at 11:55 a.m. Minutes Respectfully Submitted by: ___________________________________ KRISTEN GRIFFITHS file://C:\Test1\minutes102401.htm6/22/2011 Minutes for Wednesday, October 24, 2001Page 4 of 4 Interim Environmental Management Secretary Amended as of November 28, 2001 Return to: Home Page | Table of Contents | Commission Page ©Copyright 2001 County of Hawaii, Hawaii file://C:\Test1\minutes102401.htm6/22/2011