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HomeMy WebLinkAbout2017-07-26 Environmental Management Commission MinutesENVIRONMENTAL MANAGEMENT COMMISSION MINUTES July 26, 2017 West Hawai'i Civic Center Community Hale, Kailua-Kona, HI COMMISSIONERS PRESENT: James Fritz, Chair Richard Bennett, Vice Chair Jeffry Fear Jon Olson Susan Osborne Rick Vidgen STAFF: William Kucharski, Director Diane Noda, Deputy Director Marcie Toguchi, Private Secretary Keyra Wong, Deputy Corporation Counsel Jessica Yeh, Deputy Corporation Counsel 1. CALL TO ORDER & ANNOUNCEMENTS: The meeting was called to order at 9:04 a.m. by Chair Fritz. 2. APPROVAL OF MINUTES OF MAY 24, 2017 & JUNE 28, 2017 MEETING: Chair Fritz stated May's minutes were missed being approved last meeting, so we need to do so today. Chair Fritz moved to approve the May 24, 2017 minutes. Mr. Fear seconded, and it carried unanimously. Chair Fritz moved to approve the June 28, 2017 minutes. Mr. Olson seconded, and it carried unanimously. 3. STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON AGENDA: • Joy Gold — Consultant to Dexter Yamada and KYD Inc. KYD Inc. and its sister company Hawaii's Finest Products manufacture and distribute packaging material including compostable food ware. KYD continues to oppose PS food ware bans because it stands by its manufactured products and employees. This ban is tied to the assumption that compostable food ware can be delivered to the County's compost facility which does not exist or have a known on-line date. Mandating the use of compostable food ware will economically impact East Hawai`i food operators and Senior Programs. Without a composting facility, compostable food ware will go to the Landfill and will not degrade due to the absence of air, water and bacteria. Plastics and Styrofoam in the oceans are a concern to all, but the ban excludes coolers and ice chests made out of Styrofoam even though they are found along coastal waters more than food ware. More research is still needed to determine how much of marine debris is actually from PS food ware. Instead of imposing this ban, a stronger litter management is suggested. The exemption for packaging of raw meat, fish and eggs acknowledges that there is no alternative. Likewise, there are no alternatives to PS food ware that can compete on safety, functionality and affordability. • Jerome Warren — Has two objective points to make about Styrofoam. Take-out food is an impulse purchase decision. You can force the restaurants to stop using Styrofoam but you can't force their customers to keep eating there. The local manufacturer of Styrofoam containers should be invited back to the table when the Council discusses the Styrofoam ban. Please consider these two things when making your recommendation to Council. On the subjective side it leads us to life under the green thumb. Has been in close contact with the EPA regarding the Naalehu and Pahala LLC. EPA has sent Mr. Warren a copy of the order of consent and anyone can see that this project is worth more 1 than the homes that are out of compliance. In order to be compliant with EPA it will cost $100,000 per house. Mr. Warren would gladly give up his keys to his house in exchange for $100,000. The Department has still never been able to provide a copy of the 2004 agreement that Mayor Kim entered in with the homeowners. That plan was not going to cost $16 million. We could be on the road to something better had that plan not been side tracked. • Megan Lamson — Supports Bill 13, Draft 3 and appreciates the Commission's support in this initiative over the years. Ms. Lamson is a Marine Biologist and is here on behalf of Hawaii Wildlife Fund. In 2017 they removed over 37,000 pounds of marine debris from the shoreline; 216 tons since 2003. It's not fair to say that Styrofoam is the majority of the debris, however it is a component from near and far sources. This bill is an example of how we can stop some of these sources. Marine debris is awful for our health and marine wildlife. Polystyrene samples have also been found in the sand. Of the debris that is collected, 40% are derelict fishing nets. Ms. Lamson urges the Commission to move forward and continue to support these initiatives. • Simmy McMichael — Sewer problem in Kona is a really big issue. There has been 2 million gallons of nutrients going into the ocean. Ms. McMichael has an affidavit statement from the person who did a study in 2012 at which time the tests were out of compliance. Direct cesspools are going in the ocean. From Queen Kalama onto Kahalu`u Beach the County did not put in a sewer system because the engineer was from Oahu and didn't realize there was another mile to go. The cesspool at Kahalu`u Beach is in the ocean. County said it's because 20 years ago it was 80 feet back. Ms. McMichael's theory is to finish the last mile and make everyone on the mauka side of Ali`i Drive connect, but the fact is the last mile has nowhere to connect. Even if all mauka homeowners put in their own septic system tanks, the fact is the makai homeowners have an erosion problem as their boundary lines are now in the ocean. Director Kucharski stated it was not an oversight on the County's part to stop the sewer system a mile short. It ended there because that was the end of the planning district. Everything north goes to Kealakehe, and everything south goes to a private sewer system. One solution to resolving this issue is to have another treatment system on the south side. We are aware of the issue and working with the Mayor to resolve it. The discharge that occurred earlier this year was from a Parks and Recreation sewer system, and that line was exposed. Parks and DEM worked together to resolve the issue and the line has been moved out of the surf. 4. OLD BUSINESS: a. Discuss next step for draft Resolution supporting an anti -litter ethic for Hawaii Island o Dr. Bennett moved to have the Commission adopt this resolution and forward it to County Council. Mr. Olson seconded, and it carried unanimously. o Chair Fritz asked Ms. Toguchi to put this Resolution in form and forward to the County Council. b. Review of letter to Director Pressler of State of Hawaii Department of Health regarding disposal of non -disinfected partially treated wastewater in injection wells, sumps or outfalls o Chair Fritz stated this Commission is sharing their concern with the Wastewater Branch about the discharge of non -disinfected wastewater that goes into injection wells along our coast. o Ms. Wong reiterated what Ms. Schoen had stated in a previous meeting, that the letter to Director Pressler does not fall within the Commissions powers as outlined in the County Charter. o Dr. Bennett stated he asked Ms. Schoen if there was anything that prohibited this and she 2 answered no. So the Commission is exercising their independence here. o Dr. Bennett stated the first line should say Dr. Pressler, not Ms. Pressler. o Ms. Wong stated the letterhead should have the word Commission on it, and the address should be 25 Aupuni Street. o Ms. Osborne proposed having the correct spelling of the word Hawai`i. The second page does not have the okina. o Ms. Osborne moved to approve the letter to Dr. Pressler as amended. Mr. Fear seconded, and it carried unanimously. 5. NEW BUSINESS: a. Review and comment on Bill 13, Draft 3 — An ordinance amending Ch. 20 by adding a new article relating to reduction of polystyrene foam "Styrofoam" food containers and food service ware o Mr. Vidgen stated he was contacted by the County about three weeks ago and asked if they could give his contact information to a past Mayor. He said it was okay. Mr. Vidgen then became aware there is a lot of interest in this matter. Based on the people who have contact Mr. Vidgen personally, there's a greater interest in making sure this doesn't happen. There is money behind it from this island and O`ahu. o Ms. Osborne stated her only concern so far is regarding Section 20 — Fines (a), the work "may" should be changed to "shall". So it should read "A fine shall be imposed upon findings made by the director...". o Dr. Bennett stated this ban is only a baby step in the right direction as there are many plastics out there that are harmful. However we do need to start somewhere so this needs to be moved forward. o Dr. Bennett moved to accept Bill 13, Draft 3 and advance to the County Council with the Commission's affirmation. Mr. Fear seconded. [Discussion followed. See below]. Motion passed unanimously. o Director Kucharski stated the Council has asked specifically for the Commission to provide input as to the content as well. o Dr. Bennett stated there is a need to refine and provide the Commission with greater guidance as they are on the verge of becoming a quasi -regulatory Commission. The Commissioners are non -attorneys so will need guidance on rules and procedures as to what they can and cannot say. However, this should not stop us from endorsing the concept. o Ms. Wong recommended the Commissioners send any of their comments to Ms. Toguchi, and it can be discussed again at the August meeting. o Director Kucharski stated that in his opinion if the Commission states they support this Bill, it will carry the Bill forward. The Commission can always provide additional comments on the Bill as amended at a later time as this Bill is not final. Director Kucharski also thinks the word "may" is in there under the Fines Section because there's a written warning requirement and that is a violation. So the "may" could be clarified that after a warning it "shall" be imposed. This is an example of tweaking that Council wanted the Commission to comment on. b. Presentation by James Satoris and discussion on advisability of policies relative to growing "energy crops" in Hawaii County o Dr. Bennett stated this has been tabled. 6. REPORTS/CORRESPONDENCE: a. Director's Report (attached to original minutes): o The Wastewater Division (WWD) reviewed all their sewer systems around the island to see 3 how many are similar to the one on Ali`i Drive; similar meaning cast iron and in the ground for over 50 years. There are about eight or nine sections of lines in Hilo and Kona. The cost to repair these pipes will cost about $15 million. A presentation was made to the Mayor regarding these fixes. We are looking at how to proceed and move this project forward. The WWD is short engineers so looking at how to get more. Our engineer's average four to seven projects each, while Public Works Engineers only have one project each. The problem has existed for many years, but we're trying to fix it now. We need to replace pump stations in Kona as they are 20 — 30 years old. Dr. Bennett asked if when Ali`i Drive is redone, will it have the capacity for Kuakini since there is no system there now. Director Kucharski stated he will need to check the plan to see if it's already included in there. Mr. Vidgen asked if the Department is looking at doing things correctly on the mountain side as well. Director Kucharski stated the long view answer is yes. The short view answer is that the shoreline needs to be looked at and dealt with now. o The Department is proceeding with Na`alehu and Pahala. We are trying to get the property purchased and continue on the design of the treatment systems. The system is designed for anticipated growth in Na`alehu and Pahala. Dr. Bennett asked what kind of capacity. Director Kucharski stated he doesn't have the number right now but will get that answer for the next meeting. Archaeological study has been done for Na`alehu and Pahala, and will be included in the Environmental Assessment. o Dr. Bennett stated he doesn't see anything in the Director's Report, but would like to bring up that he has been hearing good reports that DLNR is cooperating to sewer Honokohau Harbor. Director Kucharski there is a meeting tomorrow regarding the project. The sewer line will be extended to Hina Lani Street. There is also discussion of Honokohau using our R-1 water to wash down the boats. o The Solid Waste Division (SWD) is proceeding with plans for the South Hilo Sanitary Landfill (SHSL) closure. Mr. Fear asked if there is any update on the trucking of trash. Director Kucharski stated nothing has changed. Once SHSL closes, there will be eight trucks a day going over to the west side. There will be a spare road coming down from Daniel K. Inouye Highway to just before Kealakehe to avoid the Waikoloa area. o SWD is progressing with negotiations with Hawaiian Earth Recycling. SWD is looking at an alternative location away from the Pana`ewa area and will soon be proceeding with the Environmental Assessment. b. Commission Member District Update Reports: o District 4: Mr. Olson stated a ground breaking will be scheduled the middle or end of next month for the new shopping center in downtown Pahoa. The County has set aside money for our Regional Town Center, so hoping will get a consultant for that real soon. They will look at how to deal with the increased traffic that comes in. The bins continue to be an issue as they can't be emptied fast enough, particularly in Pahoa and Volcano. Kea'au has gotten a little better. When the recycling plan was done for Kea` au Transfer Station, there was supposedly 5 acres set aside for a greenwaste facility. Director Kucharski stated a greenwaste facility is in the budget, so he will need to look in to it. o District 8: Mr. Fear stated we still need to work on getting better signs for wastewater. We need to step up as a community and start recycling. Kona highway is coming along. Need to take care of 1 8 million gallons of untreated water going to Kealakehe. 4 o District 6: Dr. Bennett stated the poster given to Commissioners was presented at a scientific conference. It's a good example of the University doing good and stepping up. There are dumpsters by the Keauhou boat ramp which fisherman are dumping fish parts inside and it has eaten a whole in the dumpster so it's not leaking and draining into the ocean. Director Kucharski stated the dumpster does not belong to the County since we don't service the harbor. Vector control has been called so they will look in to it. Dr. Bennett asked if fish waste is eligible for the landfill. Director Kucharski answered yes. o District 9: Chair Fritz stated he is surprised at the number of appliances dropped off at the Puako Transfer Station every week. Estimates about 30 — 50 appliances. Chair Fritz asked where the appliances go. Director Kucharski stated they go to a scrap dealer for reprocessing. A SWD employee has suggested retailers put a County surcharge on white goods like we do for tires, so that it can help cover some of the costs. o District 5: Ms. Osborne stated her district faces the same problems as noted by Mr. Olson in that the bins are always full. o District 7: Mr. Vidgen stated people are very interested in the sewage spills and it has become an enormous concern. People are also very interested in Bill 13. 7. FUTURE AGENDA ITEMS a. Integrated Solid Waste Management Plan - October • Ms. Osborne asked if Bill 13, Draft 3 can stay on the agenda for August. • Mr. Olson would like to have a discussion on how to get more funding for both divisions. Ms. Osborne stated it should be broad because she would like to see more funding for education. 8. MEETING ANNOUNCEMENTS 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. 9. ADJOURNMENT Mr. Olson moved to adjourn the meeting. Dr. Bennett seconded, and it carried unanimously. The meeting was adjourned at 11:09 a.m. Minutes Respectfully Submitted by: MARCIE TOGUCHI Environmental Management Secretary 5