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HomeMy WebLinkAbout2012-10-24 Minutes Environmental Management CommissionENVIRONMENTAL MANAGEMENT COMMISSION SPECIAL MEETING October 24, 2012 Mayor's Lanai, Hawai'i County Bldg, 2nd Floor, 25 Aupuni Street, Hilo HI COMMISSIONERS PRESENT: Anne Lee Stan Boren Bruce Lim Steven Okoji Thomas Randle Russell Ruderman EXCUSED: Sherm Warner Trina Nahm -Mijo ALSO PRESENT: Larry Capellas Bob Ernst Nelson Ho Jenna Long Brittany Smart STAFF: Dora Beck, Acting Director Sharron Henry, Secretary Ivan Torigoe, Deputy Corp. Counsel Greg Goodale, SWD Chief Lyle Hirota, Acting W WD Chief CALL TO ORDER & ANNOUNCEMENTS: In the absence of Commission Chair Sherm Warner, Vice Chair Anne Lee presided over today's meeting and called the meeting to order at 9:10 a.m. 2. APPROVAL OF MINUTES OF SEPTEMBER 26 2012 MEETING MINUTES: Commissioner Stan Boren moved to approve the September 26, 2012 minutes as written. Commissioner Bruce Lim seconded the motion. Motion passed unanimously. 3. APPROVAL OF ADDENDUM AND/OR SUPPLEMENTAL AGENDA: None 4. STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON AGENDA: Jenna Long, representing Pacific Biodiesel, spoke in support of Bill 286, Draft 2, noting: This was a good opportunity to address the environmental issues of fats, oils and greases (FOGs). She discussed the operations of Pacific Biodiesel on the Big Island, Maui and Oahu. - Pacific Biodiesel has a State DOH permit for collection of FOGs and Used Cooking Oils (UCOs) and is applying for a processing permit here on the Big Island. The facility will start processing by the end of the year when they expect to receive the DOH permit. They will be looking for other collection sites as the EKO green waste contract with the county will expire in December, 2012. - If all FOGs and UCOs are banned from the landfill, Pacific Biodiesel cannot take FOGs and UCOs mixed with sewerage because they are not permitted to do so. - Pacific Biodiesel collects UCOs from haulers and restaurants free but charges a fee to clean grease traps, island -wide. - Their Big Island facility has a 5.5M gal. /year capacity. In response to testimony, Deputy Corporation Counsel Ivan Torigoe suggested the Commission make a recommendation to the Council to insert the word "commercial" between "foregoing," and "cooking" in the 8`h sentence of the definition in SECTION 1 as it is stated in SECTION 3.(c) for language consistency. Bob Ernst, representing himself, spoke in support of Bill 306 and offered a proposal to bring the Kanaka ' Opala Pono Program to Hawai' i County. He presented the program guidelines that would provide a 100% verifiable, 100% recycling program. (Testimony attached to original minutes.) He noted that the transfer stations around the island are great operations and there are lots of opportunities to recycle on the Big Island. Councilmember Brittany Smart, representing District 6, spoke in support of Bill 286 Draft 2 and provided the commissioners with written testimony. Due to the size of the document, at 9:55 a.m., the Vice Chair took a 15 minute recess to enable the commissioners to read the information. The meeting reconvened at I0 :10 a.m. and Ms. Smart continued her testimony. She addressed the Department's concerns and recommendations submitted to the Hawaii County Council via testimony on September 18, 2012, offering the following information: - Disposing FOGs and UCOs in the landfill is inappropriate since there is a mechanism and facility in place to take them. The department has not provided an RFP for organics diversion to include use of the facility. UCO's that are not allowed to be processed because they are mixed with sewerage can be used for co- composting sites and offset bunker fuels. - Director Beck indicated that the department has plans for an organics diversion program and the RFP will be out by the end of the year. Some reasons for delay in awarding an organics diversion RFP were (1) council not approving a multi -year contract for this program; (2) change of administration, and (3) change of direction. The full text of Ms. Smart's testimony is attached to the original minutes. 5. CORRESPONDENCE /REPORTSIDISCUSSION: • Director's Sort Station Update Greg Goodale, SWD Chief, provided the following information: - State DOH Permit was received the end of April to operate the Sort Station. - Trial operations began in April through July, allowing for training and review of operational procedures. - The division began collecting data in August to provide "real" statistics of the operation. - A data tracking spreadsheet is being developed and will be shared with the commission when it is put into regular use. - The division is continuing to look at ways to improve the operations, i.e. handling, sorting and equipment use. They are identifying the waste streams and what to look for to achieve the most efficient sorting. - The division's 10% diversion rate estimate is already being realized from the use of the Sort Station. - Utilization of the Sort Station also allows better operation at the landfill by controlling when waste is disposed of at the landfill. - Goodale indicated the overall expense of operating the Sort Station is worth doing. - There will be an efficiency analysis to evaluate the operation. - In the future, the division hopes to incorporate more equipment, new sorting methods and add staff to improve the operations. - Currently there is no inventory of the rubbish composition at the Sort Station. - Commissioner Randle requested a Sort Station Update be included in the Director's Report for each meeting, to include the percentage amount of rubbish being diverted from the landfills. 6. UNFINISHED BUSINESS - None 7. NEW BUSINESS Referral of Bill 286, Draft 2, relating to disposal of commercial cooking oil waste and commercial fats, oils, and greases, by Council Chairman Yagong, for Review and Recommendation (attached to original minutes) - Commissioner Boren made a motion that the commission make a favorable recommendation with amendments (as stated below). Commissioner Randle seconded the motion and it passed unanimously. L Recommend that SECTION 1 of Bill No. 286 be amended to add "commercial' before "cooking oil waste is prohibited," to be consistent with SECTION 3 of the Bill. 2. There is concern that there are some commercial UCO or FOG wastes that may be contaminated with sewage or other materials and are not acceptable for commercial recycling. There are also other such materials like animal fats and shortenings which are not acceptable for recycling. The Bill, as it is written now, would prohibit such non - recyclable UCO /FOG wastes from being landfilled, increasing the possibility that such wastes will be illegally dumped. The commission recommends that the Bill be revised to allow for non - recyclable UCOIFOG wastes to continue to be landfilled subject to permit conditions and regulations. Referral of Bill 306, relating to the Establishment of a "Pay as You Throw" Program at all County Landfills and Solid Waste Transfer Stations, By Council Chairman Yagong, for Review and Recommendation (attached to original minutes) - Although the Commissioners found lots of merit and great ideas in this bill brought forth by the students participating in the Student Council Day, they felt they could not send a favorable recommendation as the bill is currently written. - The commissioners noted that a more in -depth evaluation and study is needed to plan a comprehensive approach taking into account all aspects of the program including operational procedures, program funding, additional staffing and training, purchase and distribution of equipment and bags, facility improvements, social impacts and effects, enforcement, education, permit and regulatory compliance, environmental impacts and others. - Commissioner Lim made a motion to send an unfavorable recommendation. Commissioner Okoji seconded the motion and it passed unanimously. Referral of Bill 312, relating to Sewer Connection Loan Program, by Council Chairman Yagong, for Review and Recommendation (attached to original minutes) - The commission had no issues with extending the application submittal deadline for residents that need financial help to enable them to connect to the county sewer. - Commissioner Lim made a motion to send a favorable recommendation to the Council. Commissioner Randle seconded and the motion passed unanimously. Discussion regarding the December Commission meeting as it relates to the location and changing the 4th Wednesday date due to the Christmas Holidays. - It was a consensus of all commissioners present that there were no items that needed attention in December. It was also noted that there would not be a quorum available to meet during the month. - No December meeting was set. Discussion of whether the Commission should request that the Hawaii County Council amend Ordinance 12- 114/Hawai'i County Code § 2 -207 to allow Council or Commission waiver of review of legislation by the Commission when such waiver would be in the public interest. - The discussion on this matter centered around the possibility that the Council might need to take action before the mandated 45 -day review period by the Commission and Department Director. - There is no provision in the Ordinance now that would allow for a waiver by either the Council or the Commission. - One suggestion was that a sub - committee be formed to waive review of legislation but Corporation Counsel informed the commissioners that a sub - committee would have no authority to do so. - The following draft language was provided by Corporation Counsel for review and discussion (attached to original minutes): "The EMC respectfully recommends that the County Council consider amending Section 2 -207, Hawaii County Code, to provide for the EMC Chairperson, upon request from the Council Chairperson, to have discretion to waive EMC review of County legislation affecting DEM. One possible new paragraph: "The chairperson of the commission shall have the authority to waive the foregoing requirement to submit comments and recommendations on legislation relating to functions and duties of the department under the following circumstances: (1) The chairperson of the County Council makes written request to the chairperson of the commission to waive said requirement of commission submission of comments and recommendations for a specific proposed legislation; (2) The chairperson of the County Council, in said written request for waiver certifies reasons for the waiver in the public interest, such as to respond to an officially declared emergency, or other good cause in the public interest; and (3) The chairperson of the commission, in his or her reasonable discretion, concurs with such reasons and grants such waiver for a specific proposed legislation, in writing and addressed to the Council chairperson." The following additions were made to the draft: • In the second paragraph, first sentence, add "or in his/her absence, the vice chair," following "chairperson ". • Add "and states reason for concurrence." Following "chairperson" in (3). • Add "All commission members shall be advised of the waiver and copied in the original letter to council." in (3). Commissioner Boren made the motion to approve sending a request to Council to amend the ordinance using the draft language provided by Corporation Counsel with the three additions that were discussed. Commissioner Randle seconded the motion and it passed unanimously. 8. FUTURE AGENDA ITEMS • Volcano Transfer Station Presentation by Volcano Community Association (November meeting) • Long Term Plans for the Parker Ranch Waimea Wastewater Treatment Plant (November meeting) • Department Plans far joint billing with Department of Water Supply (November meeting) • Scheduling of 2013 Meetings (November meeting) • Sewer Connection Waiver /Exemption Policy Update to include expected date of implementation. 9. MEETING ANNOUNCEMENTS • November 28, 2012, Hilo, Puna Conf Room —County Bldg. (Room 1501), Hilo, HI 10. ADJOURNMENT Commissioner Boren made a motion to adjourn. Motion was seconded by Commissioner Randle and the meeting adjourned at 12 :05 p.m. Minutes Respectfully Submitted by: SHARRON HENRY Environmental Management Secretary FORMAT NOTE: ACTION ITEMS ARE IN BOLD PRINT (MOTIONS AND ITEMS REQUIRING ACTION TO BE TAKEN FOR FUTURE MEETINGS).