HomeMy WebLinkAbout2017-09-27 Environmental Management Commission Minutes
ENVIRONMENTAL MANAGEMENT COMMISSION
MINUTES
September 27, 2017
West Hawai`i Civic Center, Community Hale, Kailua-Kona, HI
STAFF:
COMMISSIONERS PRESENT:
William Kucharski, Director
James Fritz, Chair
Marcie Toguchi, Private Secretary
Richard Bennett, Vice Chair
Joseph Kamelamela, Corporation Counsel
Jeffry Fear
Keyra Wong, Deputy Corporation Counsel
Jon Olson
Susan Osborne
Rick Vidgen
1. CALL TO ORDER & ANNOUNCEMENTS:
The meeting was called to order at 9:01 a.m. by Commission Chair Fritz.
2. APPROVAL OF MINUTES OF JULY 26, 2017 MEETING:
Commissioner Olson moved to approve the August 23, 2017 minutes. Commissioner Osborne
seconded.
Commissioner Bennett commented since he was not at last month’s meeting, he read the minutes
as someone who wasn’t there and found it difficult to understand. The minutes say someone
“stated”, but the rest of the sentence is not in quotation marks so it’s not clear if it’s a direct quote
or a paraphrase. Commissioner Bennett recommends that when Commissioners speak they are
referred to as Commissioner so it’s clear for the record and public. Commission Chair Fritz asked
Private Secretary Toguchi if she could make the corrections starting with the August minutes.
Commissioner Olson moved to approve the August 23, 2017 minutes as amended. Commissioner
Osborne seconded, and it carried unanimously.
3. STATEMENTS FROM THE PUBLIC ON ITEMS LISTED ON AGENDA: (taken out of order
after item 1)
Vice Chair Bennett stated, “Mr. Chairman, point of order, it is my understanding, according to
Sunshine Law that public comments are limited to agenda items, is that correct?” Deputy
Corporation Counsel Wong answered “yes, to the agenda items that are on today.”
Jerome Warren commented on two items:
Sewer rates – The County owned gang cesspools in Nā‘ālehu is illegal. The County didn’t
keep its 2004 promise to the homeowners. Instead they secretly planned a large system that
would benefit developers, and submitted the plan to the EPA to come in compliance with
the federal order of consent. None of this information was reivewd by the Environmental
Management Commission. If the 2007 SSFM blueprint was completed then we would have
a legal sewer system, and he would pay his bill. The fact that the County kept the
homeowners uninformed illustrates the County’s involvement in a scheme to provide free
Wastewater infrastructure to Ka‘ū Royal Coffee and Tea. Nā‘ālehu homeowners should
have never been charged because C. Brewer gang cesspool became illegal in 2005. Soon
the County will be paying federal fines because of this malfeasance.
Letter to Dr. Pressler – The Commissions objection to using injection wells is another ploy
in disregarding SSFM’s plan for the Nā‘ālehu gang cesspool conversion. The only reason
Director Kucharski has given for not using an injection well as the solution is future
expansion.
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4. OLD BUSINESS:
a. Discuss how to resolve the extent of unsewered dwellings in the Ali‘i Drive area mauka
and makai, and to the south of Queen Kalama
o Commissioner Olson commented this has been a lingering issue because it comes down to
money.
o Commissioner Bennett commented that he and Director Kucharski visited Heeia
Wastewater Treatment Plant and discovered they have significant capacity, but they don’t
have connections. Commissioner Bennett asked if we know who is connected. Director
Kucharski responded that we know who is connected to the County sewer, but don’t know
who is connected to all the private sewage treatment facilities. Will check to see if can get
this information from the State.
o Director Kucharski stated “the County Code says that if a property is adjacent to a sewer
then they must connect.” Will need to check to see if that applies to private sewers as well.
Will have an answer at the next meeting.
o Director Kucharski commented this is not a simple issue, but is very important. There are
no answers at the moment, just a lot of questions. But the department is working towards
finding the answers.
o Commission Chair Fritz stated “it seems to me that it’s as simple as digging a trench down
the middle of the road and putting a sewer line in it…and everything else necessary.”
Director Kucharski stated “that is the physical answer, that is gonna be done. The question
is, is it done by a developer or is it done by the County.” If the developer does it, the cost
of homes will go up and you’ll never get affordable housing in that area. A public-private
connection is something we can look at.
o Commissioner Bennett moved to have this Commission recommend to the County of
Hawai‘i that they commission a feasibility study on the issue of providing sanitary human
waste management in the near coastal zone to include a thorough examination of traditional
and alternative technologies, and that the report be funded by the County and not come out
of the department budget. Commissioner Olson seconded.
o Commissioner Osborne commented it’s a good motion but might be a good idea to include
parameters. She asked Commissioner Bennett if he could draft something and bring it to
the next meeting. Commissioner Bennett agreed and invited all Commissioners to think of
things they would like addressed.
o Commissioner Bennett amended his motion to include writing a letter to the Director, and
copying the County Council and the Mayor. Commissioner Fear seconded, and it carried
unanimously.
5. NEW BUSINESS:
a. Review letter to the Environmental Management Committee requesting County Council
increase the sewer fees
o Commissioner Chair Fritz informed the Commission he did not write the letter as discussed
at last month’s meeting because he wanted to have further discussion and input from others.
o Commissioner Bennett asked Director Kucharski, “the current fee structure, is it simply a
matter of connection or is the current fee structure scaled to have some notion of volume?”
Director Kucharski answered “the fee is a flat fee, and the code requires connection to the
sewer if available. However there are instances where people have sewer connectivity but
have not connected. They are still charged a sewer connection fee.” Connecting to the
sewer can range from $8,000.00 to $10,000.00 depending on where the sewer lines are.
Director Kucharski added “we have industrial fees as well but we do not charge on
volume.” The flat fee is currently $27.00/month. The Department is currently working
with the Department of Water Supply to shut off water to customers who don’t pay their
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wastewater bill. Most jurisdictions charge a regular fee plus a usage fee. Commissioner
Bennett feels sewer fees should be connected to volume which could encourage people to
not waste water and use gray water for other purposes.
o Corporation Counsel Kamelamela commented on whether it was necessary for the
Commission to write a letter at this time since the Department is already doing a sewer rate
study. Timing wise, it may make more sense to hold off on writing a letter to the
Environmental Management Committee until the sewer rate study is complete and the
Department sends a communication to the County Council. In turn, County Council will
send the communication to the Commission for review and comment.
o Director Kucharski informed the Commission that the Department will be receiving a
$600,000.00 grant from EPA to create an asset management program for the Wastewater
Division. This program will allow the WWD to get a handle on all their equipment and
systems they have on hand and maintain them more efficiently. Part of the grant requires
that any wastewater system supported by EPA, must be sustainable. Which means the
wastewater rates must be high enough to support the cost of the systems. Right now WWD
is not sustainable. Director Kucharski stated “last year WW took $2.3 million out of the
general fund.”
o Commissioner Bennett stated “in the near term there’s going to be a discussion about rates.
As a result of this feasibility study assuming that it gets funded and executed, there will be
another examination of rate structures which may end up modifying the rate structures
again. And so I appreciate that the rate issue needs to be addressed right now in the current
structure but thinking down the road 10, 15 years, that rate structure will need to be re-
evaluated in the context of alternative systems.” Director Kucharski agreed.
o Commissioner Osborne suggested that “Mr. Kamelamela’s advice is sound and that we
consider providing a letter at a later date once the sewer fees are brought before us for
consideration.” Commission Chair Fritz agreed, and stated “the letter is on hold right now
until the feasibility study is in our hand and we have recommendations by the study.”
o Commissioner Bennett would like to hear the affirmative that flow structure will be
considered in the fee structure. Director Kucharski stated “it will be considered.”
b. Discuss whether wastewater being discharged at Kealakehe Police Station is treated or
not treated
o Commissioner Fear stated “2 million gallons is coming out of the pipe every day or 1.8
million. How many ponds do we have?” Director Kucharski answered “roughly, yes.
There are five (5) operating ponds. We have six (6) ponds total, five of them in
operation.”
o Director Kucharski stated “we have a level of chlorination though not required by our
permit on the discharge to partially disinfect the discharge that we have. But all discharges
are regulated by the State, permitted by the State and we comply with all State standards
on discharge.”
o Commissioner Fear stated “people are getting sick so we need to find out if that stuff that
we’re dumping at Kealakehe is coming out in the harbor or any of our beaches.” Director
Kucharski stated “it’s being transported I believe via groundwater flow. The issue is we
have significant groundwater flows. We do not measure the quality of the groundwater
before it comes to Kealakehe.” Discharge going in to the sumps are DOH approved.
Commissioner Fear suggested doing a dye test so the Department knows where the 2
million gallons of discharge a day is going. Kids are still getting sick so Department needs
to be able to prove it’s not from the discharge at Kealakehe.
o Commissioner Bennett stated “the issue here is whether or not the wastewater is
disinfected. Disinfection under State law has a very strict definition.” He also added that
“the disinfection law for disinfecting wastewater is around 130 years old, and it hasn’t
been modified since. It is not disinfected as legally defined in State Law, and it is not
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disinfected to our best science information.” Commission Chair Fritz asked Director
Kucharski “when these tests are done monthly of the discharge do they meet Department
of Health Standards?” Director Kucharski answered “yes, they do.” Commissioner
Bennett responded that the Department meets the DOH standards for treatment, but not for
disinfection. They are two different processes.
o Director Kucharski reminded the Commission that when the R-1system is complete in
2020, it will be using UV which is effective against viruses and is much better than
chlorination. Looking at switching all the systems to UV. It’s more expensive but much
more reliable.
o Director Kucharski stated the purpose of the chlorination process is to “meet our discharge
requirements you need to chlorinate and then de-chlorinate. We have a limit as to the
amount of chlorine that can be in the discharge. So we chlorinate and de-chlorinate to
reduce the contaminant in there.” That requirement is for all of the County systems.
o Director Kucharski will provide the Commission with the discharge data.
o Kealakehe does not have a disinfection requirement so the Department is exceeding those
standards by chlorinating.
o Commissioner Olson recalls “when the ponds were originally done…there was supposed
to be an after use beyond the ponds.” Director Kucharski’s understanding was the
discharge was supposed to be temporary but it’s been going on for years. The R-1
system’s goal will be to re-use all of the water. Commissioner Bennett informed the
Commission that when the EPA funded this project there was a contractual requirement in
that grant that all of the wastewater would be reused. At the time, the County thought the
golf courses would be interested, but they weren’t. Therefore, sumps were built by the
police station until the County could figure out how to reuse the water. Commissioner
Bennett stated “letters to the Inspector General of the EPA were written saying how come
the condition of the grant was not fulfilled. And they basically said we don’t know and
we’re not interested. Case closed.”
6. EXECUTIVE SESSION
Deputy Corporation Counsel Wong reported that Commissioner Bennett asked for an executive
session to discuss the memo sent to Commissioners regarding their letter addressed to Dr.
Pressler of the Department of Health; however, it does not have to be done in executive session.
Corporation Counsel Kamelamela explained the Commission needs to vote if they want to go
into executive session.
Commissioner Osbourne moved to go in to executive session to discuss the letter to Dr.
Pressler, review rules regarding approval of minutes and discuss memos from Deputy
Corporation Counsel Wong regarding the Commissions powers and duties. Commissioner Fear
seconded. Commission Chair Fritz asked for a hand count vote. Commissioner Olson asked
for further discussion before voting.
Corporation Counsel Kamelamela stated “this particular executive session that was requested
initially by Commissioner Bennett is under HRS Section92-5(a)(4), we didn’t request it, but
under that particular section, it’s to discuss what your duties and roles are as Commissioners.
So it’s up to you as to whether you want to discuss it publicly or do it privately.”
Commissioner Osbourne withdrew her motion.
a. Letter to Dr. Pressler of the State of Hawai‘i Department of Health regarding disposal of
non-disinfected partially treated wastewater in injection wells, sumps or outfalls
o Corporation Counsel Kamelamela explained that the County has a Charter, which is like
the Constitution. There is also the County Code which clarifies things that are not clear.
The government needs to operate on what is authorized. Otherwise it is going beyond the
specified policy that’s been set. Corporation Counsel Kamelamela stated “I see nowhere
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in the Code, in the Charter, or even Case Law saying that a body like this has the type of
authority to go and issue a letter that hasn’t been peer reviewed, that hasn’t have the
support of the Director to have a letter go directly to the State Department of Health.”
Therefore, the Commission cannot use the County letterhead when writing the letter to Dr.
Pressler, nor can they tell the Director to send the letter on their behalf. However, the
Director is free to do so if he wants.
o Commissioner Bennett moved to redirect the letter and have it addressed to Director
Kucharski instead of Dr. Pressler. Commission Chair Fritz seconded, and it carried
unanimously.
o Commission Chair Fritz expressed his appreciation for Corporation Counsel’s comments
and stated “perhaps we overstepped an invisible line, and we are corrected.”
o Commissioner Bennett offered a point of clarification that “on two occasions, in the
record, I asked Corporation Counsel point blank is there any reason why we cannot do this.
And the answer from Ms. Schoen was no. At the subsequent meeting I believe it was
another of your officers I asked the same thing, is there any law, and the answer was no.”
Therefore the Commission proceeded with the letter only to find out through a memo that
it wasn’t allowed. Commissioner Bennett took offense to the nature of the letter “that was
threatening and bullying. Threatening with criminal sanctions, jail and fines.” A letter
with Corporation Counsel Kamelamela’s explanation today would have been sufficient.
Corporation Counsel Kamelamela apologized if Commissioners perceived the letter as
threatening. The intent was to notify the Commission of what the consequences are if they
continued with the letter to Dr. Pressler.
o Commissioner Olson stated “when I voted for your motion I did say that I thought it was
probably overstepping what our authority actually was. We’re appointed by the Mayor,
confirmed by the Council, and that’s the agencies that we serve aside from representing the
public.”
b. Review rules regarding approval of minutes
o Deputy Corporation Counsel Wong informed the Commission that starting in July 2018
there will be and update to the Sunshine Law. Minutes can be done the way they currently
are handled or do a recording with time stamps, upload it to the website and write a short
summary of the meeting. Members of the public can go to the website, look at the
summary and see the time each agenda item discussion started and locate that timeframe
on the recording.
o Commissioners liked the idea of audio recording, but would still like to continue with the
written minutes that are currently done.
c. Memos from Deputy Corporation Counsel Keyra Wong regarding powers and duties of
the Hawai‘i County Environmental Management Commission under the Hawai‘i County
Charter and Hawai‘i County Code
o Deputy Corporation Counsel Wong clarified that her client is the Commission and also the
Department. Commissioners may contact her at any time for legal advice as it pertains to
their powers and duties as a Commissioner.
7. REPORTS/CORRESPONDENCE:
a. Director’s Report (attached to original minutes):
o Format has changed a bit, now has a section which answers questions that were brought up
in the previous month’s meeting.
o Business Services Hawaii is another metal salvage facility on the east side.
o Puakō Transfer Station issue with the Contractor showing up late is being addressed.
Invoicing will reflect the correct time.
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o Been in conversation with Keith Okamoto from Department of Water Supply (DWS) to see
if they have any requirements to have water re-use. Per DWS, it’s occasionally required on
bigger developments where they have irrigation needs, they are required to use brackish
water to reduce usage of potable water. Would like to have a discussion with Planning and
DPW to see if can make it a requirement for new facilities to install purple pipe.
Commissioner Bennett informed the Commission that City and County of Honolulu has a
program like this. It would be beneficial if people in charge of that program could come
and speak to the Commission and possibly County Council. Director Kucharski will
contact his counterpart on Oahu to work out the details. Commissioner Bennett will also
get contact information.
o We’re moving forward with the land acquisition and designs for Nā‘ālehu and Pāhala.
Public hearing for Pāhala will be in December. Nā‘ālehu public hearing will be in the
spring. Has quarterly meetings with EPA on the progress of both projects.
o Continuing meetings for the Lono Kona Project. This will be the first sewer improvement
district that we have done. Working on getting an extension from the Department of
Agriculture on the grant. Project was supposed to be complete by September 2018,
however will be closer to December 2019.
o Kealakehe WWTP upgrade and maintenance on the pond liner are continuing. The full
process should be completed by mid-October.
o Looking at upgrading sewage pump stations.
o SWD has new requirements for their drivers. Currently working with the Union to ensure
we get the right people to carry these licenses. Therefore currently not able to fill the
vacant positions permanently.
o We have a right of entry agreement for predator control at Kealakehe WWTP to protect the
endangered birds. Primary predators caught are mongoose, feral cats and cattle egrets.
Have been in discussion with animal rights groups regarding feral cats on how to trap them
in a humane way and to neuter/spay.
o Residential collection for used motor oil has stopped recently due to facility on Maui being
shut down. Working with HELCO to see if they can process the oil so we don’t have to
ship off-island. Businesses have their own process of disposing of used motor oil.
o Commissioner Bennett asked about the abandoned vehicle program. Director Kucharski
reported the program continues to work however it includes multiple departments so the
process is longer. The AV Program cannot tow a vehicle until they receive a report from
Police. Process is for Police to ticket the vehicle, wait 24 hours, if vehicle is still there a
report is sent to their headquarters, gets processed there then sent to our AV program. Once
the AV program receives the report, they have 72 hours to send the tow request to the
contractors who then in turn have 72 hours to remove the vehicle. Director Kucharski will
send the AV procedures to the Commissioners.
o Commissioner Vidgen asked about tires. Director Kucharski reported it’s a special issue
because we are not allowed to dispose of it at our facilities. The law is set up for businesses
who sell tires, charge a fund and in turn need to take back the old tires and dispose of them.
Collected tires during Dengue outbreak but was because Department received funding.
Commissioner Vidgen reported there’s a large pile of tires off Māmalahoa Highway so will
send the location to the Director. Director Kucharski will have someone look in to it and
see what can be done.
o Discussed with Mayor about full litter program. Currently researching other state litter
laws to look at their language. Will keep Commission updated.
b. Commission Member District Update Reports:
o District 4: Commissioner Olson reported that he’s been working with his Council Member
on a point of purchase collection fees, staring with the larger items. Fees will be for items
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we don’t receive money for but have to dispose of them. It will be a long process though.
Abandoned cars aren’t picked up fast enough. Needs a new facility since population is
growing.
o District 8: Commissioner Fear reported the old Kona Airport is looking good. There is
security there so deterring the homeless people from staying. Cars are being towed and the
pile has gone down. The highway is moving and will hopefully be finished on time. The
stop light by Kohanaiki is bad news. Commissioner Fear thanked Corporation Counsel
Office for being at the meeting.
o District 6: Commissioner Bennett reported the issue of septic haulers not dumping their
loads at the treatment plant has come up again. Is there a way the Department can verify
they aren’t dumping it in a lava tube somewhere? Director Kucharski responded the
Department has no way to verify. Haulers at Kealakehe may experience a long wait
because the Department doesn’t have the manpower to have someone sit there all day to
take care of haulers. Issue came up again because residents know of a property where a
hauler lives and parks their vehicle. There is suspicion that those parked vehicles get
emptied. Director Kucharski responded that illegal dumping would need to be regulated by
Department of Health, and possibly reported to the Police. Director Kucharski will review
the statues to see if there’s anything the Department can do.
o District 9: Commission Chair Fritz reported Puakō could use a chipper sooner than later to
prevent greenwaste from going down the chute. Seems like there’s enough room to make it
like the Waimea one where you dig down, pour cement to put the containers then haul them
away.
o District 5: Commissioner Osborne reported she has concerns over abandoned vehicles that
are being burnt so will appreciate getting the information on how to properly report them.
Commissioner Olson thanked Director Kucharski for always listening, looking at the long
term goals and changing mind sets.
o District 7: Commissioner Vidgen had no report
8. FUTURE AGENDA ITEMS
a. Update on Integrated Solid Waste Management Plan - October
b. Update by Planning Department on General Plan - October
c. Discuss options on how to receive additional funding for department
Commissioner Bennett would like to ensure the letter to the Director to review feasibility study
for controlling wastewater in the coastal areas will be on the October agenda. Deputy
Corporation Counsel Wong confirmed this was the motion from 4a.
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9. MEETING ANNOUNCEMENTS
October 25 Hilo Puna Conf. Room, County Bldg.
Dates are selected per the Commission Rules.
10. ADJOURNMENT
Commissioner Bennett moved to adjourn the meeting. Commissioner Olson seconded, and it
carried unanimously. The meeting was adjourned at 11:56 a.m.
Minutes Respectfully Submitted by:
MARCIE TOGUCHI
Environmental Management Secretary
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