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HomeMy WebLinkAbout2001-08-08 Enviromental Management Commission Minutes Minutes for Wednesday, August 8, 2001Page 1 of 5 Return to: Home Page | Table of Contents | Commission Page ENVIRONMENTAL MANAGEMENT COMMISSION Wednesday, August 8, 2001 9:13 a.m. Hawai`i County Council Room 25 Aupuni Street, Room 201, Hilo, Hawai`i 96720 PRESENT:Riley SmithALSO Peter Boucher, WWD PRESENT: Barbara BellLarry Capellas, SWD Sam KawamuraGalen Kuba, Acting Deputy Director Carolyn WitcherPat O’Toole, Corporation Counsel Kimo FrankelJon Olson Luana JonesCynthia Bryan Mack AsatoG. Morgan Griffin Hugh OnoGeorge Krasnick Curtis Tyler, III, Councilman EXCUSED:Peter MartinJohn Ray Tom Nelson STAFF:Valerie TanimotoTiffany Edwards, West Hawaii Today Steven J. Araujo John Ota Steve Hambalek, FEMA CALL TO ORDER Riley Smith called the meeting to order at 9:13 a.m. APPROVAL OF MINUTES OF JULY 19, 2001 MEETING Barbara Bell motioned to approve the Minutes of the July 19, 2001 meeting. Carolyn Witcher seconded. Kimo Frankel suggested that we record the motions in a way that are going to be understood by everyone. Barbara also made a suggestion that when a motion is made, we record that portion verbatim in the minutes. Motion was unanimously carried. STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON AGENDA John Ota, a Hilo resident, expressed his concerns with the wastewater issues. Knows of homeowners with ages that range from 60 to 90 and they live on social security income. These people labored in the sugar cane fields for $1.00 a day until the year 1940. The County wanted to purchase the right-of-way to these properties to install the sewage line. The County required 15 feet right- of-way, nothing to be planted on top of it and were not willing to pay the cubic foot involved to the homeowners. Today, the wording has been changed to say that the EPA approves a hook up to the sewage system with a charge. If the individual landowner could not afford to pay for that loan, a lien would be placed on his property. Do the EPA rules only govern sewage lines? Do they govern discrimination of only select people, select citizens? Sewage is an island problem. Everybody that lives on this island creates sewage. I don't think the EPA distinguishes or segregates business from population and/or use our road as a division to segregate what's got to be done on one side or the other. How is the County going to approach these people that don't want to hook up? There is no definite process at the present to address the total sewage system on this island. Although finance may be a big factor, there have been federal grants approved to the County for this purpose. Hugh Ono commented that there’s been substantial amount of effort, study, and work going into this area over many years and many decades. There was a study or an organizational effort that occurred which determined certain areas were permitted to have cesspools. A part of this effort was because of the tremendous cost impact to citizens in switching over from what was the traditional cesspool situation over to wastewater systems. Kimo Frankel mentioned that we were given maps at the last meeting that show what areas are already sewered, which areas are planned to be sewered in the next two years and which in the next 10 years. At some point we will have to get that information to the public. The plan will be revised and we’ll be discussing that in terms of what areas are in the most critical need. That's the purpose of Bills 57 and 58. How do we finance the whole effort of sewering the island? John Ray, representing the Hawai`i Leeward Planning Conference. Testified on Bill 57 not on the substance of the bill but the process in regards to the commission assuming a recommendation onto the County Council. Should consider holding public hearings in Kona and in Hilo. file://C:\Test1\minutes080801.htm6/22/2011 Minutes for Wednesday, August 8, 2001Page 2 of 5 Curtis Tyler, III. It would be helpful to get the public input. Regarding the integrated solid waste system, will provide the commission with some gasification information that he received from a conference in Philadelphia. Brought up some concerns about the Rules and Regulations. Should have a section on definitions. Encourages that we look at the draft rules of the Fire Commission, which is quite complete and quite comprehensive, consistent with Chapter 91. With respect to IV. Meeting (b), that special meetings shall take place throughout the year and perhaps the commission needs to have some portion of the rules relating to special meetings and the notices thereto. With respect to VI. Quorum and Transaction of Business, refer the Hawai`i County Charter page 31, section 13-20B and perhaps to use the definition of official action in there. VIII on page 2, IX, X.2(a), X.3, X.5 on page 5, consider adding information about putting this on the Internet and the website. Regarding X, it only addresses Rule Making Procedures, it does not address adoption, amendment, and repeal. Regarding X.1.(e), that the rule making would be in accordance with section 2 but also Hawai`i Revised Statutes 91 and the Hawai`i County Charter. With respect to the Notice Public Hearing, suggest that HRS 91-3b be reviewed because the rules are not entirely consistent with those States statutes regarding ability of the public to receive copies of these among other things. Suggest adding something in there regarding minutes and their availability to the public. With respect to your meetings, IV.(b), regarding special meetings. On V(c), regards to publishing this at least 24 in advance. If you were going into the districts would hope that maybe you would put area meetings or district meetings instead of special meetings to give advance notice to people in the district so that they can attend. Respect to VIII. (2) Public Information, suggest that we take out the word attempt to. Noticed that the information is available through the County Clerk. Regard this commission as being the one who is going to review this whole process and make some decisions and recommendations not only to the administration under whom you serve but also to the legislative and policy making branch the Council. Will provide the gasification information to the commission and Larry Capellas. Riley mentioned to Curtis that VIII(a) regarding putting all the information on the website is already listed on page 2. Barbara mentioned that on page 3, IX. Minutes, the minutes shall be public records and shall be available within 30 days. Kimo mentioned that most of his concerns regarding compliance with HRS 91 are already included. Curtis responded that he was rushed in his review of the Rules and if these issues are addressed, that he stands corrected. Jon Olson, a Puna resident, distributed handout entitled "A Win/Win Proposal for Recycling." Feels strongly that this committee needs to move forward very quickly on getting consensus on a demonstration recycling facility. The point of a demonstration recycling center is the identified waste stream which the report shows that 80% of the waste stream that currently goes into the Hilo Landfill is technically recyclable. Now what we need to do is demonstrate the actual feasibility of it and get a demonstration facility together that will allow the County to draft an RFP for additional facilities so that a substantial portion of what is currently going into the Hilo Landfill can be diverted before we have to pack it up and move it off to Kona and incur the additional expenses. Also distributed a double-sided memo prepared by Jon Olson, Ginny Aste to the Commmission members regarding Draft Report, Cascadia Consulting Group, Charlie Scott. The County’s contractor did a separation at the landfill and they identified the various elements that are going into the landfill. It is a weight composition study and it shows that 80% of what’s going in there is technically recyclable or reusable. What we need to do is we need to create a demonstration site where we can find out how much of that is economically, technically and politically feasible to divert. APPROVAL OF ADDENDUM AND/OR SUPPLEMENTAL AGENDA Barbara wanted to discuss John Ray and Curtis Tyler’s comments about public hearings and comments from the public and how we can facilitate comments going to the Council. UPDATE FROM ACTING DEPUTY DIRECTOR OF PUBLIC WORKS Galen Kuba, Acting Deputy Director, regarding the status on the selection of a Director for the Environmental Management Department. Was hoping the Director of DPW was here to give a more official position for Mayor Kim. They are still looking at various alternatives including temporary assignments, going outside, and calling for statement of qualifications or statement of interests. Does not have any other information at this time. UPDATE FROM SOLID WASTE DIVISION Larry Capellas, Solid Waste Division Chief, distributed Minutes for the Kick-Off SWAC Meeting dated July 3, 2001, a memo from Larry Capellas to the Commissioners dated August 8, 2001 regarding Budget Breakdown – Estimate, Harding ESE’s Waste Flow Alternatives, Schematic of the Planning Process dated August 8, 2001, Supplementary Contract No. 1 of Harding ESE, Inc. for a development of the Disaster Debris Action Manual, and a draft of the Waste Composition Study, South Hilo Landfill dated July 2001. Riley requested that Larry provide the materials relating to the Solid Waste Advisory Committee to the commissioners. file://C:\Test1\minutes080801.htm6/22/2011 Minutes for Wednesday, August 8, 2001Page 3 of 5 A. INTEGRATED SOLID WASTE MANAGEMENT PLAN FEMA will be looking at the environmental documents that are necessary for disaster debris sites on the island. Distributed the Supplementary Contract No. 1, which is part of the Integrated Solid Waste Management Plan and it's for the Disaster Debris Action Manual. Items are from the State checklist. The cost of this plan is $80,519.00. Will continue to work on this and to bring all parties involved up to date. Will meet once at the end of August, September, October and November. Should have a final document completed and filed regarding disaster debris hopefully in the middle or end of December. There is a possibility of reimbursement on part of the cost from FEMA funds through Department of Civil Defense. The disaster debris action manual is a response plan so if or when a disaster happens we will have identified at least two sites on each side of the island. Will have a plan and a checklist to go through when this material comes in and be able to sort it and know how to respond to the situation. In a situation where the landfill is closed in three to four years from now, we are still going to identify a site because we have no place to put it. This is a holding area for lumber, roof iron, refrigerators, cars, and everything are brought onto the site. The object to separate whatever is going to come in and have some plan as to what to do with it after all these different items are separated. The chart and accompanied by a Schematic of the Planning Process was handed out. Have identified the meetings although not the dates and possible public hearings. These are options that are identified at present upon the closure of the Hilo Landfill and that might be the end product of the Integrated Solid Waste Management Plan. These options need to be investigated. Questions can be directed to me, to the SWAC members and Barbara Bell. Gasification will have to be added as an option. Don’t know if there are cost estimates for each item. Have listed as many options to make sure that we did cover as many basis as we could think of, as many technologies that are out there, and as many possibilities of handling the refuse post 2004. Kimo had a question on the Schematic of the Planning Process. Doesn’t recall drafting criteria at the SWAC’s first meeting. Larry had to defer that for the consultants and will get back some information. Jon Olson wanted to know if there is a formula for the amount of debris based on population in a disaster. Steve Hambalek of Federal Emergency Management Agency said there is a formula and that the Army Corps of Engineers is developing it. Steve is aware that both the US Army Corps of Engineers has been working over the years developing models for identifying the amount of debris that is generated by disasters. Doesn’t have a figure for cubic feet per person. The process for identifying how much debris is generated is available to Hawai`i County, State of Hawai`i, and they’re developing their debris plan. Waste Composition Study, South Hilo Landfill dated July 2001. The consultants did a study in April and May. They went out to the landfill, sat on the landfill and began to take random samples from random truck loads of refuse that came in and analyzed those samples into 58 different items. Figures are listed as to what the composition of the refuse is by estimated weight for the self- haulers, commercial haulers and transfer stations. With background data, we can at least identify some of the future roles and directions and maybe the facility that’s going to be needed. Memo prepared by Larry Capellas dated August 8, 2001 regarding Budget Breakdown – Estimate. Numbers were taken out of the County type budget and divided the expenditures into nine different areas. The asterisk areas make up the solid waste fund, and the abandoned vehicle fund is another fund. The abandoned vehicle program includes coordination with the police department in identifying abandoned or derelict vehicles and having the coordinator respond to the request either on his own or with a private towing service to tow the abandoned vehicles to one of two metal recycling areas, one in Hilo and the other in Kailua. It includes the cost for Hawai`i Metal Recycling to take the tires, batteries and everything to do with automobiles off the island. Out of a $10.6 million budget, you can see that both landfills are very expensive propositions. B. UPDATE OF ADMINISTRATIVE RULES AND COUNTY CODE CHAPTER 20 Very interested in addressing the tipping fee. The tipping fee is $35.00 a ton for refuse which comes across the scale. As a comparison, Maui County has a tipping fee of $43.00 a ton. Kauai has a tipping fee of $56.00 a ton. Oahu at the Waimanalo Gulch has a tipping fee of $81.00 a ton. They have a base cost there and then they include the City and County of Honolulu's recycling surcharge. They add a surcharge onto their tipping fee of 12% and then they also add a State surcharge of 35¢ per ton for every ton of refuse that goes into the landfill. The State is attempting to increase the surcharge to 75¢ per ton. If you lived on the east side of the island of Oahu, in 2003 you would pay $117 a ton for refuse going across the scale and entering the Kapaa transfer station. In Hawai‘i County, our present permit fee is $25.00 per business, a one-time fee per year for businesses that come across the scale. The tipping fee is $35.00 a ton. In 2000, only 52% of the refuse that came into either landfill were chargeable. The rest of it came from the County Transfer Stations. Of the 52% at $35.00 a ton plus the $25.00 permit fee, our potential income is a little over $3 million. If you increased the tipping fee to $45.00 a ton, you would only raise the possible revenue up to about $3.9 million. If you raised the tipping fee to a level at which it would fund the entire solid waste operation, it would be about $87.00 - $90.00 a ton. The other part you have to keep in mind the fact that we charge $35.00 a ton for those who come across the scale in West Hawai‘i and then pay Waste Management $50.00 a ton for their services at the Puuanahulu landfill. Approaching the Council with a request to add a user fee onto the real property tax to cover the area that is identified on the chart as transfer stations. In order to narrow down the identified cost of the system of transfer stations versus who actually use them and file://C:\Test1\minutes080801.htm6/22/2011 Minutes for Wednesday, August 8, 2001Page 4 of 5 who actually pays maybe an area that the Council should be asked in the future and the area is single-family residential units. If there is some type of a user fee that’s added to the real property tax for only single family units, those are the ones that use the transfer stations, there may be a possibility to increase the revenue. Regarding illegal dumping. Main concerns of illegal dumping by commercial haulers are in our isolated transfer stations. Have no real documented knowledge of continued abuse by commercial haulers who are actually dumping on private property or dumping in the cane fields or in the gulches. Have located one of them in the past. The bags are opened, mail is removed, we contact the police and we have to insure that there is a no dumping sign. The police will come down and notify the person whose address is found on the envelopes. Barbara has concerns about illegal dumping of appliances, cars, etc. in the rural areas. We have to address certain transfer stations island wide and decide whether we are going to intensify the use of those transfer stations. Whether we are going to hold them only to collection trailers or are we going to designate waste metal areas, green waste areas, and other recycling areas within the transfer station. Riley asked Larry about his guess as to the actual cost per ton at Hilo. Riley said that one of the things that maybe included in the SWD’s proposal is to have differential rates. Barbara mentioned that Commissioner Peter Martin did done a study a few years ago that roughly estimated the County costs of burying trash around $80-$82 a ton. UPDATE FROM WASTEWATER DIVISION Peter Boucher, Wastewater Division Chief, distributed a draft resolution relating to the Kealakehe Demonstration Wetlands Planning and Research Agreement with the Bureau of Reclamation and a memo dated August 6, 2001 to Dixie Kaetsu, Managing Director regarding the status of Kealakehe Effluent Reuse Program. Regarding Bill No. 57. Received more input from Administration and there’s been some fundamental questions come up about the structure of the capacity fee, notably how and where it’s assessed. Request to defer action on the Bill No. 57. We will need to amend the Consultant contract and take another look at the bill. Bill No. 57 will need to be revised and a draft will be provided to the commissioners for review and comment. Wastewater Division could administer the public hearings if it were a problem for the commission. Peter mentioned that he would give presentations several times around the island, collect input and answer questions. Recommendation of the new draft will then be forwarded to County Council. Regarding Bill No. 58, public hearings will be addressed at the same time. Regarding the Rate Increase. Still working on the user fees. Having some problems coming up with the revenues we need. Apparently, we have approximately 6,000 multi-unit residential units. Because there are so many more multi-unit residential properties, revenues don’t add up and we actually run out of money in one year out of our equipment replacement fund. Riley suggested that Peter provide the information because the budget isn’t ready to be reviewed. Regarding the Wetlands Resolutions. Working for several months with the Bureau of Reclamation on the constructed wetlands project in Kona. An agreement needs to be drafted in order for the Federal to help us. It outlines all the terms and it commits the County to do the construction. They’ll do all the preliminary engineering work, the design work, but the agreement requires the County to fund it. Corporation Counsel said in order for the Mayor to sign this agreement, they first need a resolution from Council. Corporation Counsel is reviewing the resolution before it goes to Council. Request that the commissioners review the resolution and recommend it to Council. Riley said that the commissioners should be commenting on the draft resolutions, ordinances, etc. It’s is a big departure what wastewater division has been involved in. Need better understanding of the financing. Peter said the Bureau of Reclamation is a Federal agency, based in Colorado. Traditionally, they built dams in the west for electricity and irrigation purposes. DISCUSSION AND APPROVAL OF LETTER OF RECOMMENDATION TO HAWAI`I COUNTY COUNCIL REGARDING HAWAI`I COUNTY COUNCIL BILL NO. 57 REGARDING CAPACITY ASSESSMENTS AND CONNECTION FEES Barbara motioned to file the letter of recommendation to Hawai`i County Council regarding the Hawai`i County Council Bill No. 57. Sam Kawamura has seconded. The motion was carried unanimously. REVIEW AND DISCUSSION OF ENVIRONMENTAL MANAGEMENT COMMISSION’S RULES AND REGULATIONS Pat O’Toole, Corporation Counsel, said that there is some room in the rules whereby you have choices. Some of the things that Councilman Tyler said was not listed are in there. What are required to be there is there. The requested information may be obtained at the Department of Environmental Management instead of the Hawai`i County Clerk’s Office. Pat will check if an address is required. VIII.(a) The Commission shall make every effort to put as much information about its activities, including, need to add rules. IV. file://C:\Test1\minutes080801.htm6/22/2011 Minutes for Wednesday, August 8, 2001Page 5 of 5 (b) Special meeting should be kept as is because that’s what the Charter calls for since it is not a regular meeting. Riley said that on IV.(a), mentioned that the regular meetings will be on Thursdays. Kimo said that we have to state when our regular meetings are going to be held because of the Charter. It doesn’t have to be Thursday. It could be Wednesday. Will change Thursday to Wednesday. Need to check on the amount to charge for requested copying. Kimo motioned that we to put these rules out for public hearing prior to adoption with four changes. One that a reference to getting information from the County Clerk be amended to include a specific reference to the Department of Environmental Management. Secondly, that the term "attempt" to put things on the website be changed to "make every effort." Thirdly, that the meeting date be changed to Wednesday from Thursday. And fourth, that the rules be added on the website. Luana seconded. Motion carried unanimously. Riley said we would publish the notice prior to August 26. On September 26, we will have a public hearing at 9 o’clock. We’ll have a commission meeting following the public hearing. Assuming the changes are not major, we could adopt the rules. DISCUSSION AND ADOPTION OF A MISSION STATEMENT Draft II of the Mission Statement and Goals dated June 27, 2001. Hugh suggested that we insert "advising the department on management" of waste and resources. Barbara mentioned that the statement should now read "To protect, preserve and enhance our environment by promoting wise management of waste and resources and by advising the Department of Environmental Management on these issues." Riley also mentioned that we should add a number 8. to provide recommendations on matter concerning solid waste and wastewater that may arise. Barbara made a motion to approve the mission statement and goals of the commission with the amendments that we have clarified here on the floor. Mack Asato seconded. Motion carried unanimously. DISCUSSION OF FUTURE AGENDA TOPICS Discussion on Public Hearings. Bill No. 57, Bill No. 58, Rate Increase and the Wetlands Resolution will be on the September 5, 2001 agenda. For the Solid Waste Division, discussion on abandoned vehicles and the update of the Integrated Solid Waste Management Plan will be on the September 26, 2001 agenda. For future agenda topics, selection of chair and vice-chair, and update from solid waste division's discussion regarding cost for land filling and sources of funding and methods. SCHEDULING OF NEXT MEETING DATES, TIMES AND LOCATIONS Wednesday, September 5, 2001, 9:00 a.m. – 12:00 p.m., at the Waimea Community Center (Park) Building, 65-1260 Kawaihae Road, Kamuela, Hawai`i 96743. Wednesday, September 26, 2001, 9:00 a.m. – 9:30 a.m., Public Hearing at the State Office Building, Conference Rooms A & B, 75 Aupuni Street, Hilo, Hawai`i 96720. Wednesday, September 26, 2001, 9:30 a.m. – 12:00 p.m., at the State Office Building, Conference Rooms A & B, 75 Aupuni Street, Hilo, Hawai`i 96720. Wednesday, October 17, 2001, 9:00 a.m. – 12:00 p.m., at the Kona Police Department Conference Room, 74-5221 Queen Ka`ahumanu Highway, Kailua-Kona, Hawai`i 96740. ADJOURNMENT Sam motioned to adjourn the meeting. Mack seconded. Motion carried unanimously. Meeting adjourned at 12:08 p.m. Minutes Respectfully Submitted by: ____________________________________________ VALERIE M. H. TANIMOTO Interim Environmental Management Secretary Return to: Home Page | Table of Contents | Commission Page ©Copyright 2001 County of Hawaii, Hawaii file://C:\Test1\minutes080801.htm6/22/2011