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HomeMy WebLinkAbout2017-06-28 Environmental Management Commission MinutesENVIRONMENTAL MANAGEMENT COMMISSION MINUTES June 28, 2017 Hawai'i County Building, Puna Conference Room, Hilo, HI COMMISSIONERS PRESENT: James Fritz, Chair Richard Bennett, Vice Chair Jeffry Fear Luana Neff Jon Olson STAFF: William Kucharski, Director Diane Noda, Deputy Director Marcie Toguchi, Private Secretary Renee Schoen, Assistant Corporation Counsel Keyra Wong, Deputy Corporation Counsel Gregory Goodale, SW Division Chief Charmaine Felipe, Accountant IV 1. CALL TO ORDER & ANNOUNCEMENTS: The meeting was called to order at 9:10 a.m. by Chair Fritz. 2. APPROVAL OF MINUTES OF APRIL 26, 2017 & MAY 24, 2017 MEETING: Chair Fritz stated at the last meeting there was a correction and subsequently an addendum to the April 26, 2017 minutes. Chair Fritz moved to approve the April 26, 2017 minutes as corrected. Mr. Olson seconded, and it carried unanimously. 3. STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON AGENDA: • James Sartoris stated he found the Bio Energy presentation last meeting to be interesting and promising. However, he does have one concern, how will they raise biofuel crops in the future to use as feedstock. Currently only 15% of our agricultural products are grown locally, the rest is imported. Of which, 90% are from imported fossil fuels. There are more than 500 tons of waste material being sent to the Landfill every day. To take up agricultural land to make fuel will hurt us. • Cory Harden of the Sierra Club stated Bio Energy's presentation was interesting however she has a lot of questions about their proposals. If Bio Energy goes out of business how will the County handle the amount of rubbish that would have gone there? According to the Draft Environmental Assessment, there will be no significant impact. How can that be true for a $125 million facility? Concerned that the County and public had little or no involvement in the planning process. How much waste does this facility need to collect in order to say in business? How will recycling programs be affected? Will the digester consume water? If so, where will the water come from as the annual rainfall in that area is about 11"? Is there an agreement with the Department of Water Supply? 4. OLD BUSINESS: a. Review draft Resolution supporting an anti -litter ethic for Hawaii Island (attached to original minutes) o Ms. Schoen stated she took the draft Resolution that was presented at the May 24, 2017 meeting and created a new draft in the correct Resolution format. She changed a few things mainly giving direction to the Department to explore incentives. o Next step is for the Commission to decide which Council Member they would like to ask to introduce this Resolution. Mr. Fear volunteered to ask Council Member Eoff for her 1 support. o Mr. Olson moved to ask Council Member Eoff to introduce this Resolution to the County Council. Dr. Bennett seconded, and it carried unanimously. 5. NEW BUSINESS: a. Discussion on Landfill Permit Process o Chair Fritz stated the concern with this process is that customers are required to submit and get notarized a Landfill Permit every year. Has other accounts of credit that doesn't require a notary. o Mr. Goodale stated there's a long history behind why this process was started, and it was based on a lot of consultation with Corporation Counsel. It was brought to the Department's attention that they had a lot of delinquent accounts. By implementing this process, the Solid Waste Division (SWD) has been successful in collecting debts and preventing the issues from occurring in the first place. o Ms. Felipe stated in 2011 delinquency for SWD was about $3 million. Currently our over 90 days delinquency is about $350,000. The Landfill permit process consists of a one page permit application and a notary page. This process allows us to annually update the businesses information every year, and also obtain necessary information needed to collect on delinquent accounts. The notary page is to list a Guarantor and to ensure that individual is aware he/she is responsible for making payment. o Chair Fritz expressed his appreciation for explaining why the Landfill permit process is set up this way. He asked what the status is on businesses who still have delinquent accounts. Ms. Felipe responded stating some have monthly payments, and they are not allowed to have extended credit. Instead, if they still dispose at the Landfill, they need to pay as they go. o Mr. Goodale stated the SWD is in discussion to look at a few things that could possibly be streamlined a little more. One item they are looking at is to reduce the payment period from 90 days to 30 days. Any changes made to the Landfill permit process will be presented to the Commission. o Mr. Fear asked what the current cost per ton is and if the SWD is planning on increasing the fees. Mr. Goodale responded stating the current cost per ton is $85.00 and they are looking into raising the fees. The last rate increase was in 2007. o Mr. Fritz stated he's glad we're not in arrears and the system seems to be working. b. Review of letter to Director Pressler of State of Hawaii Department of Health regarding disposal of untreated wastewater in the ground o Dr. Bennett stated a conversation was initiated with the previous Director of DEM, BJ Leithead Todd, on whether or not partially treated wastewater put in a seepage sump was being disinfected. Research done by USGS suggested there was a source of bacteria coming in to the harbor, near the rock wall at the eastern edge. At the time Ms. Leithead Todd stated there was no requirement by Department of Health (DOH) to disinfect this water. This issue came up again two months ago in conversation with Director Kucharski, who also stated it's correct that DOH has no requirement. This requirement is also true for every wastewater injection well on this island and perhaps statewide. Dr. Bennett stated, DOH's belief is that somehow the ground filters all this stuff, however there's no data to support this. o Director Kucharski stated that although DOH does not require disinfection, it does not mean we do not have to do it. Wastewater from Kealakehe is disinfected before being discharged. o Dr. Bennett's recommendation is that DOH change its Administrative Rules to require that 2 wastewater discharge to the ground be disinfected by appropriate means. He would like this Commission to go on record and say this is the appropriate thing to do. Fortunately with the new R1 system we will be using ultraviolet which is better than using chlorine. o Dr. Bennett moved to have the Commission adopt this letter and send to Director Pressler, with a copy to Director Kucharski and the County Council. Mr. Fear seconded. Mr. Olson had a point of information and asked if we are sending this letter to the State Director of Health or are we going to send to the Mayor? Aren't we trying to get the Mayor's support for this letter? As a courtesy the Mayor should get it first. Ms. Schoen stated we had a discussion about this last time that the Commission advises the Mayor, but the Commission wanted to send the letter directly to the Director of Health. Chair Fritz agreed the letter should go to the Mayor, County Council and the Director of Health. Motion was amended to send this letter to the Mayor, County Council and Director Pressler. Motion carried unanimously. c. Presentation by Dr. Bennett on Wastewater Microbiology Monitoring Program o The Department of Health is implementing a law called the Beaches Act that State monitors beaches and post the beaches as appropriately. o The State has been testing recreational waters for at least 100 years using various methods. The one they are using now has huge limitations. o The island of Hawai`i has a lot of cesspools. Dye was put in a toilet in Puako and it showed up on the coast in a matter of hours. Given our geology, we have an unusual hydrology. Around 30 million gallons a day is being discharged in to cesspits or septic systems. The way in which these microbes die is not known. In this wastewater is about 410,000 pounds of nitrogen. The State of Hawaii, Department of Health tells everyone that when you put in a septic system, all your problems are solved. However that is not true. Septic systems are only a little better than cesspools. The wastewater drains to the sea. Our monitoring tools are underfunded and poorly staffed. We simply don't know if the water is safe. By them pronouncing the water is safe is irresponsible. o Looking at the history of measuring Fecal Indicator Bacteria (FIB); back in the 1800s a standard was formed in New York City but had to drop it because it measure too much of everything. Then came up with a similar test but with a higher incubation temperature where you could grow these things. But this too had the same problem. Then Environmental Protection Agency (EPA) comes along with a thing called enterococci. EPA regulations requires them to have a precise test and attribute risk to that test. Enterococci is an environmental bacteria that can be found growing in swamps and rivers. There are over 50 species but only 2 species associated with humans. It grows in clusters or chains so makes it difficult to count. It doesn't correlate with the presence of fecal viruses which is the leading reason why people get sick from being in the water. Over the last 100 years we did a good job with cleaning up surface water. Enterococci is measured using the most probably number method, which is a range not an actual count. Results are available within 24 hours and is an estimation at best. EPA is the least pleased with this test because it's such a big range. If the test shows the most probable number is 35, the State will continue sampling. If the number jumps to 130 then they need to post signs at the beach. The State plays some funny games with the arithmetic. State takes the arithmetic mean of the numbers, but EPA says since bacteria is not in a linear distribution but in a logarithmic distribution, statistically it's more appropriate to do a geometric mean. Therefore very few of our beaches have been listed as impaired due to bacteria. Whenever the State says the levels are less than one, it's actually 2.3. o Study shows surfers ingest about 170m1 of water per day. They are 5.91 times more likely to get skin infections. 3 o There's more bacteria in the sand than there is in the surface water. Study has found that bacteria in sand will persist for 24 days. The bacteria level is lower in the water above the sand because sunlight kills bacteria. The sunlight penetrating the sea water drops the numbers in hours. DOH testing happens in knee deep water, and a sterile vial is used to collect a water sample at the surface of the water where sunlight is most active. The sample should actually be taken closer to the sand. The time of day in which the sample is taken is also important. You'll get a lower bacteria count if you sample during the hottest period (9:OOam — 2:OOpm) of the day. Kids playing in the sand are probably more prone to bacteria than the surfers. Staphylococcus Aureus (sometimes called staph) is the most common infection people get. Hawaii leads the nation in staph infections. People have speculated because we spend a lot of time in the ocean. Staph has a very low correlation with enterococci. Some staph washes off people at the beach, the rest washes off in the shower which goes into the sewer treatment plant which then gets discharged. o We need to take universal precautions. Since we don't know what's going on in our recreational waters, we need to assume its contaminated at all times. Avoid storm water runoff and floating scum. Don't go in the water if you have a cut. If you get a cut in the ocean, be sure to tend to it very well. Make sure to rinse off very well after going in the water. o Using next generation molecular technology which is commercially available we can determine the microbe source. You can determine with great precision whether or not a body of water is contaminated with human microbes, and sort out the confusion once and for all. One application is called PhyloChip. Dr. Anderson and his team is currently doing research sponsored by the EPA on the island of Kauai. If can raise enough money will bring them here. Action agenda in Kona is to fund a research project with them to see if microbiomes along the Kona Coast as far south at Miloli`i so we can say conclusively that the microbes are from humans and not the environment. Need to close cesspools at recreational sites so don't leak into the ocean. 6. REPORTS/CORRESPONDENCE: a. Director's Report (attached to original minutes): o The Ali`i Drive sewer leak was detected and fixed within two days, with beaches closed for three days. The sewer main had at least two different breaks in it. The minor earthquake we had prior to the spill may or may not have had anything to do with the break. The 8" force main is cast iron and 55 years old. The pipe rusted from the inside. Those sections have been cut out and replaced. The Wastewater Division has since taken a look at all the piping systems on the island. Will be making a presentation to the Mayor on the cost to repair all cast iron pipes that are 55 years and older. The Mayor has indicated he has concerns of the condition of our system and considers the fix a priority. The new pipe will not be cast iron as cast iron is not resistant to corrosion. Dr. Bennett asked what the pressure is on the force main and if it's a constant pressure. Director Kucharski responded stating he's not sure what the pressure is, doesn't believe it's that high, and believes the pressure is constant because the flow needs to keep moving. He will double check and get back to the Commission. Mr. Fear asked what's flowing in the pipes. Director Kucharski responded stating it's sewage from hotels, businesses and residences in the area, which flows to Kealakehe Wastewater Treatment Plant. Mr. Fear also asked what is notated on the signs put up when there is a sewage spill. Director Kucharski was not sure on the exact working but believes it does stated the water is contaminated. 4 o The Department received the signed document from Environmental Protection Agency (EPA) to close Na`alehu, Pahala and Pahala Elderly Housing large capacity cesspools (LCC). Public meetings and an environmental review has started for Pahala. The consent agreement and schedule is available online for anyone to look at. Closure of all LCCs will need to be completed by 2022. EPA will not assess any penalties as long as we keep to the fixed schedule. Dr. Bennett asked if a leach field will be used. Director Kucharski responded stating the design is not complete at this time so is unable to answer the question. Dr. Bennett also asked if EPA will require an NPDES permit for this. Director Kucharski responded stating it will depend on what design the Count comes up with. Whatever the design may be, it will certainly be better than what we have now. The Legislature sent a bill (HB 1244) to the Governor on May 3, 2017 which states all cesspools need to be closed by January 1, 2050. o The Department is taking a look at Solid Waste (SW) and Wastewater (WW) fees and collections and doing an analysis. Will be making a recommendation to increase SW & WW fees as these fees should be enough to cover their operations. There are also a number of things the Department needs to do to improve operations. Will be looking at getting additional people for the WW Division. WW has the lowest sewer rate in the state at $27.00 a month. In looking at the number of people connected to the sewer, the numbers are very low. Dr. Bennett asked if he could get a copy of that list. b. Commission Member District Update Reports: o District 4: Mr. Olson stated residents in Volcano are happy with the improvements at the transfer station. However they still have an issue with the intersection of the transfer station and highway. If there could be turn lanes on the highway so residents can turn in and out of the transfer station safely that would be great. Glenwood Transfer Station has the same issue. However, theirs is worse as the intersection to the transfer station is on a curve. The vegetation in that area is not being mowed so residents need to pull out further on to the highway when trying to exit the transfer station. Pahoa Transfer Station is doing well. The bins at Kea` au Transfer Station is not being emptied as often as they should be; they are always full. Could use a transfer station in Hawaiian Paradise Park as that's where the center of the population is. There has been a lot of feedback from residents that they don't know what items belong in which bin. The Department should do a better job of informing people about this. o District 8: Mr. Fear stated that on July 7, 2017 there will be approximately 20 military people cleaning up Hilo Bay for a few hours. Mr. Fear stated he did a survey with moms at a beach in Kona about staph infection and they had no idea it was in the sand. The Mayor's beach clean-up has been pushed back to August because of the homeless problem. Working groups were formed specifically to clean up these areas but hasn't been working. In today's newspaper there was an article stating businesses got together to clean-up the old industrial area. o District 6: Dr. Bennett stated the trash war in South Kona has escalated. Personnel have put up road barriers in front of the Transfer Station when it's closed. People are now leaving their trash in front of these barriers. The barriers are extremely close to the white line of the shoulder, therefore the trash is now on the highway. When the Transfer Station is open, the barriers are moved to the side so it encroaches the entrance. Residents would 5 use the shoulder area to pull off the highway before entering so other traffic could go around them. But now with the barriers, that's not possible. Feels the barriers create a safety hazard. The abandoned vehicle off Mamalahoa Highway has been there for awhile. Need to call Police Department to report it. o District 9: Chair Fritz had no report for his district. o District 1: Ms. Neff stated residents have a concern with the Papa`ikou Transfer Station being on the river, since there's a beach right below. That area is a large surfing community so there's concerns over the impact is has on the beach. This issue has been discussed for the past two (2) years. On the weekends the trash is overflowing and maggots are crawling all over. When it rains, all the dirty water goes in to the river. Aside from the location being next to the river, it's a central location for residents living between Pauka`a and Pepeekeo, one of the best kept in the district, recycle bins are great, and the attendant is always friendly and helpful. Sometimes the trash and recycle bins are full so it's overflowing on to the ground. Chair Fritz asked if there was a short term solution to help prevent things from going in the river. Ms. Neff responded stating she doesn't think so, it's just the way the Transfer Station was designed. 7. FUTURE AGENDA ITEMS a. Update on Bill 13, Draft 2 — An ordinance amending Ch. 20 by adding a new article relating to reduction of polystyrene foam "Styrofoam" food containers and food service ware - July o Director Kucharski stated the summary that was put together by the Ad Hoc Committee has been completed but not read before Council yet. • Dr. Bennett asked if there was an update on the SAT pond research from Brown & Caldwell. Director Kucharski stated he will look in to it and report at next month's meeting. • Mr. Olson stated the Department needs to come up with alternative sources of funding so that Solid Waste and Wastewater has adequate funding for their needs. • Dr. Bennett stated the letter that was distributed addressed to Director Pressler is the incorrect letter. He would like to have this item put on the July agenda so the correct letter can be distributed and reviewed. 8. MEETING ANNOUNCEMENTS July 26 Kona WHCC Council Room A August 23 Hilo Puna Conf. Room, County Bldg. September 27 Kona WHCC Council Room A October 25 Hilo Puna Conf. Room, County Bldg. November 22 Kona WHCC Council Room A December 27 No meeting Dates are selected per the Commission Rules. 6 9. ADJOURNMENT Mr. Olson motioned to adjourn the meeting. Mr. Fear seconded, and it carried unanimously. The meeting was adjourned at 11:40 a.m. Minutes Respectfully Submitted by: 4 iv MARCIE TOGUEiHI Environmental Management Secretary