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HomeMy WebLinkAbout2018-02-28 Meeting Minutes (EMC) ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF HAWAIʻI MEETING MINUTES Wednesday, February 28, 2018 9:08 a.m. to 11:41 a.m. Aupuni Center Conference Room 101 Pauahi Street, Suite 1 Hilo, Hawaiʻi 96720 Commissioners present: Richard Bennett, Ph.D., Chair Jon Olson, Vice Chair Jamees Fritz Jeffry Fear Susie Osborne Staff present: William Kucharski, Director Diane Noda, Deputy Director Keyra Wong, Deputy Corporation Counsel Mary Fujio, Secretary 1. CALL TO ORDER Chair Bennett called the meeting to order at 9:08 a.m. 2. APPROVAL OF MINUTES OF JANUARY 10, 2018 Motion and vote: Vice Chair Olson moved to approve the minutes, Commissioner Fritz seconded the motion, and all commissioners present voted aye. 3. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Two people had signed up to testify: Cory Harden and Jerome Warren. Ms. Harden testified that she was glad to see the EMC was taking up the Ninth Circuit Court opinion (Hawaiʻi Wildlife Fund vs. County of Maui), which ruled that if there are wastewater disposal sumps or injection wells, then the groundwater conveys the pollutants into coastal waters and an NPDES permit is required. Honokōhau Harbor has a problem with this, as does the Kealakehe Wastewater Treatment Plant, due to the wastewater that goes into the ground and eventually to the ocean. Big fines can be issued, and everyone is asking where the money is to fix this. She is in support of taking action to comply with the ruling. Mr. Warren testified about having seen on television Chair Bennett’s recent presentation to the County Council. He noticed that Na Leo TV listed Chair Bennett as having an LLC company, but there was no mention of it at the Council meeting. He feels that is cronyism, and that all cronies hire consultants. Though Chair Bennett is his council district’s commissioner, all his presentations are about Kona, and he has no interest in the Pāhala area. Mr. Warren would call Chair Bennett’s interest in wastewater “utopias.” Regarding Pāhala, legislation is moving forward to buy 42 acres from Kamehameha Schools, but that legislation is not listed in the Director’s Report. Whether or not the county will purchase that land is still in the hopper; and as everyone knows, Kamehameha Schools needs financial help due to all the pending lawsuits. The county could help Kamehameha Schools out by buying the surplus land, and that would be cronyism again. As far as the EPA goes, they just want the county to abandon its gang cesspools. The EPA is not forcing the county to turn wastewater into R-1. That is not what the county is in court for, and it is not what the county is mandated to do. Both Pāhala and Nāālehu ʻ are under mandates, and the clock is ticking. The only thing that can turn back the clock is an eruption of Mauna Loa, and it is an even bet which will happen first—an eruption or a new treatment system for Kaū.ʻ 4. UNFINISHED BUSINESS There was no unfinished business. 5. NEW BUSINESS a. Discussion and potential advisory resolution on the Ninth Circuit Court ruling dated February 1, 2018, regarding wastewater discharges in Hawaiʻi (Hawaiʻi Wildlife Fund vs. County of Maui, No. 15-17447) and the advisability of NPDES permitting for Hawaiʻi County. Chair Bennett explained that he placed this item on the agenda because the ruling, in his estimation, will have a profound influence on wastewater discharges for the state, and perhaps for the entire country. Wastewater discharges to the ground are the principal means by which most wastewater is discharged in this state, though there are some ocean outfalls. Smaller wastewater discharges go into the ground and cesspits, leachfields, drainage pits, and injection wells. It is largely unknown where all these areas are and how much is being discharged. He felt it would be valuable to make the EMC aware of the issue and have a discussion. The Court of Appeals basically ruled that when a discharge to land finds a conveyance to the ocean, it constitutes a point source discharge. A point source discharge into the waters of the United States must be permitted under the National Pollution Discharge Elimination System (NPDES). The county has a number of permitted discharges, but individual homes, gang cesspools, and community wastewater treatment units are not permitted. About ten years ago, he suggested to the state that these wastewater discharges were going into the ocean. The state responded that the waters did not go into the ocean—they stay under the land and do not communicate with the waters of the United States, and as such the Clean Water Act does not apply. He has a letter from the state saying this. Subsequently, there have been two major scientific studies, one in Kihei by Charles Hunt of the U.S. Geological Survey, and another more recently in Lahaina. Both studies showed to a scientific certainty that those injections were finding their way to the ocean in fairly discrete conveyances, such as lava tubes, which are a common feature of our geology. It is imperative to assume the discharges are reaching the ocean until there is certain scientific proof showing otherwise. The county and state need to look at resources with the public’s interest in mind. Chair Bennett referred to a handout he had provided the commissioners on what constitutes an NPDES permit, when it is required, and what the process is to obtain one. It is rather expensive, so much so that the remediation of the discharge might be cheaper than the permit process itself. He would like to see an economic cost analysis on that. Commissioner Osborne said the county has a responsibility for a portion of it, but the matter is much bigger than the EMC’s purview. The issue is huge and requires a larger discussion at the state level. She suggested Chair Bennett provide options and pathways for discussion. Chair Bennett said he has been tracking the matter since 1999, and it is now maturing. If they wait for the state to pass laws and adopt administrative rules, it will take another 20 years. He and many others are concerned that the ocean is degrading. The economic life of this island and community is inextricably connected to the quality of the ocean. When the ocean starts to turn people off because of its color or odor or other negative qualities, it will hurt us all. His view is that prevention is more cost effective, and the county and Department of Environmental Management should become proactive and not wait for the state. When the county knows that waters will be flowing downhill to the ocean, it should obtain an NPDES permit rather than wait for instruction from the state. The EPA is reluctant to force the state, and it gets kicked down the road. Millions of gallons of wastewater are pouring into the ground. There is a need to have a greater conversation, with the ultimate goal of recommending to the county that it become proactive when it is fairly obvious that an NPDES permit is required, or remediate the discharge such that a permit is not necessary. He suggested the EMC ponder this for another month before acting. Commissioner Fear asked who is to say whether or not a permit is necessary, and Chair Bennett said the law is clear that if the constituents of a wastewater discharge have the potential to degrade the quality of the receiving water, then a permit is required. Commissioner Fear said they know it is already happening, and they need to start pushing it forward and force whoever is responsible to move on it. Commissioner Osborne asked whether a blanket permit could be issued, and Chair Bennett said a permit would be needed for each discharge. Director Kucharski said there is a misconception on what happens if there is no NPDES permit. He clarified that all DEM’s facilities have discharge standards that must be met, regardless of whether or not they have NPDES permits. The only difference between what is currently required in an NPDES permit and a normal discharge permit is a recent increase in the amount of nitrogen and phosphorous that needs to be removed. Before the Kealakehe R-1 system goes to the sump for discharge, it will have to go through denitrification and some phosphorous removal. Other than that, none of the constituents of that water are essentially different from the R-1. There are standards for all their discharges, whether from injection wells or sumps. The NPDES permits have other administrative and treatment requirements, but the state could impose those on discharge permits whether they be NPDES or state discharge requirements. Essentially, you have to go through the same requirements if you do not have an NPDES permit. Chair Bennett said that was a good clarification, but they are talking about taking it the next step, which is the removal of the nitrogen and phosphorous which degrade the quality of the water. Both are nutrients, which farmers like himself use. The best thing would be to figure out how to put those nutrients to better use and keep them from the water. Vice Chair Olson said the matter was litigated, and he assumes there are environmental organizations which will litigate it further if the state or county does not act to correct the violations. The litigation resulted in a big pay day for the law firm handling it. The law has been settled, and the state and county will be compelled to act as well as pick up the tab for the litigation and the needed repairs. Commissioner Osborne asked if the ruling was specific to Maui, and Chair Bennett explained it applies to anybody living in the entire Ninth Circuit of the United States. An injection well is nothing elaborate, just a hole deeper than it is wide. Chair Bennett asked Director Kucharski whether it was his view that an NPDES permit would not be necessary if the County removes the nitrogen and phosphorous in the wastewater. Director Kucharski said an NPDES permit will always be necessary if there is a discharge to U.S. waters. However, there are alternative disposal methods, such as surface disposal using vegetative uptake, or a diffuse discharge into a soil-aquifer treatment, or SAT. There are some areas where only a discharge permit is issued, such as Kealakehe. It has only a discharge permit because it is not a physical injection well. In Kaloko, however, they have a treatment system for a housing unit, and it has a direct injection well. Honokaʻa also has a direct injection well. The biggest problem is in removing the nitrates, which is physically and chemically very difficult to do. In Kealakehe, they are putting constructed wetlands to denitrify, but on the rainy side of the island it would not work well because of the saturation and overflow due to large rainfall events. The county is facing fiscal constraints and examining ways to make things work. DEM anticipates they will be addressing their injection wells because of the Maui decision. However, advanced treatment will double costs, and the budget is being cut. DEM does not have an answer, and these are very difficult technical issues. Chair Bennett said the point is to try to get ahead of the ball instead of behind it. He asked about whether anaerobic fluidized beds would be viable; and Director Kucharski explained they would not be able to get down to the required nitrogen levels, and there is a current contested hearing coming up on this. Commissioner Fritz asked why DEM’s costs would double, and Director Kucharski said it would cost a significant amount of money to upgrade the treatment systems. The Kealakehe R-1 system cost $54 million. DEM is using effective low-tech systems now because the climate is perfect for them. If they need to go through NPDES permitting, it will cost significantly more because it will require people, equipment, and capital. Commissioner Fritz pointed out in the maps they were provided that a lot of customers in the Kona service areas were not being captured, and he asked whether an increase in sewer fees would help. Director Kucharski said yes, but that Kona has many complex issues because of all the development. Part of the sewer study is trying to determine how many additional customers are needed to pay for $10 million in additional sewers. The sewer fees will have to go up, but even if they are doubled, Hawaiʻi County’s system would still be the cheapest in the state. DEM is drawing money from the general fund, which is not supposed to happen, to help. The Puakō situation exacerbates everything. It costs about $1.8 million per mile of sewer. For the Lono Kona Sewer Project, there are less than two miles of sewer and the cost is up to about $9 to $10 million just for the connections. Vice Chair Olson said he had worked with others on this issue 25 years ago, and all of this was gone over before. The body politic has made everything worse and incredibly more expensive by putting it off. It cannot be put off anymore. The body politic is where the problem is, and they need to belly up to their responsibility. Former DEM employer Peter Boucher had laid out an entire wetlands plan that made sense, but because it was too costly, a hole to the ground got punched to let it drain to the ocean. Now we’ll have to pay to fix it. Commissioner Osborne said the EMC needs to figure out how to support Director Kucharski in this difficult and expensive task. As a body, they need to ensure compliance and get adequate funding. She appreciates all the information provided. Chair Bennett said the state of Hawaiʻi and most coastal and river communities have been using cesspits, because that is the cheapest method. This type of economy is a pollution subsidy. He agrees with Director Kucharski that it is virtually impossible to generate enough money to solve the problem. The question that doesn’t get asked is whether using one to two gallons of freshwater per flush is the appropriate way to handle human waste. Water is becoming a scarce resource, and the handling of human waste is not being done appropriately. It is necessary to reduce human waste effects on the environment in a way that does not use a lot of fresh water. He will put together some ideas on this and work with Director Kucharski. Many issues are much larger than DEM’s area. He proposed to close the discussion and place it on the next agenda, where they can continue the discussion with potential recommendations to make to Director Kucharski and the county. Motion and vote: Vice Chair Olson so moved, Commissioner Fear seconded the motion, and all commissioners present voted aye. Commissioner Fritz said he wanted to open a discussion for a possible future agenda item and asked Director Kucharski whether there had ever been discussion about separating wood products before they go into the landfill. Director Kucharski said yes, that when the Hilo landfill is closed they will be looking into pulling out construction and demolition material from being dumped. They are not certain on the process yet but are looking. He can provide the status at the next meeting. Commissioner Fritz said he would like the next agenda to include a discussion on landfill organic separation of items prior to disposal. Wood is the biggest one he sees. He is a landfill user, and truckload after truckload of wood goes into the landfill every day. It would be good to offer a credit system to people who are able to separate their wood. Vice Chair Olson asked whether, as a function of civil defense, there is an after-event clean-up plan, and Director Kucharski said they have a plan. 6. REPORTS/CORRESPONDENCE a. Director’s Informational Report (1) The State Department of Health’s Report to the Twenty-Ninth Legislature, State of Hawaiʻi, 2018 Regular Session, Relating to Cesspools and Prioritization for Replacement. Director Kucharski pointed out that the commissioners had been provided a copy of the DOH report to the legislature on cesspools, as well as a handout he had prepared on cesspool closures with information pulled from the DOH report. His handout showed the areas identified as priorities for cesspool upgrades, broken up by square miles, number of cesspools, and millions of gallons per day discharged. The cesspools have a greater impact on water quality than all the WWTPs combined. The County of Hawaiʻi’s prioritized areas cover about 200 square miles, which is 28% of the total area of Maui, 33% of the total area of Oʻahu, 26% of the total area of Kauaʻi, and 78% of the total area of Molokaʻi. The Big Island has a greater impact area, volume, and numbers than the rest of the state put together. The DOH uses a figure of $20,000 per household to upgrade, which is about $500 million in total costs just for the priority areas identified for our county. This issue needs to be addressed, and there are several bills in the legislature now, including one to create a study group to research alternatives to cesspools and how to fund them, how to provide funding for low income households, and how to manage the whole changeover process. He has submitted support testimony and can provide his testimony if anyone is interested. Chair Bennett asked who will be appointing the study group and who the appointees will be. Director Kucharski answered that from his recollection, it would include the Director of Health, a leader from the Clean Water Branch, members from wastewater agencies, members identified by the mayors, a representative from the wastewater private sector, and environmental groups. There may be others he can’t recall. A consultant will be brought in to address the eleven issues identified in the bill. Chair Bennett said it would be good to have a conversation about how the County of Hawaiʻi can best be represented in the effort, and Director Kucharski said the Mayor will be identifying and appointing members. Vice Chair Olson said anything that comes down from the State is usually Oahu-centered, and our island can fit all the others combined. The County of Hawaiʻi should plan on doing more, because the State is only going to help Oahu since that is where the population is. We will have to figure it out on our own, because they won’t do it for us. He has gone over and over these issues for the past 30 years with different bodies, and the outcome is always the same. We’ll need to figure out what we need and get it done. The County is not going to have a voice. We are not being asked but told what to do. The consequences are going to be economic, and it is unavoidable. (2) Status of Kealakehe Wastewater Treatment Plant Maintenance. Director Kucharski said the maintenance is essentially complete. There are some issues with punchlist items. The dredging has been terminated. (3) Discussion of R-1 water management. Beginning in 2020, DEM will be creating R-1 water. Once that happens, they will need to expand their capacity and capabilities to manage its distribution. They will be required to ensure that anyone connected to it has appropriate DOH permits, and they will need to bill, meter, and repair meters and service lines. None of this is being done yet, as the system doesn’t exist. They will need to essentially create a new division of the Wastewater Division to deal with the R-1 management. They will also need to upgrade their operators to Class IV operators, and they will need another crew for the R-1 treatment. They have a hard 2020 deadline for this. They are not there but are working toward it. Chair Bennett said this is a brilliant step in the right direction and a breath of fresh air. Commissioner Fritz asked whether storage facilities are a part of the plan, and Director Kucharski said they have storage tanks but not additional storage facilities. The discharge volume is 1.8 million gallons per day. The current users max at about 500 million gallons per day. They need a plan to discharge 100% of the production, denitrified and with phosphorous removed, via the sump. He speculated that because of the Ninth Circuit decision, some private facilities may get out of the business and use the County’s R-1 water, and there are potential developments and parks coming up. Water sustainability is something that is required for our survival. It is not optional. (4) A brief report on where all the wastewater treatment plants are that the County owns or manages, the communities they serve, and how the water is processed and disposed of (requested by Chair Bennett). Director Kucharski had provided a handout that summarized all the facilities the County has with maps of the services areas showing what is sewered and what is not. He said the commissioners were also provided, via email, with copies of every NPDES permit, discharge permit, and injection well permit for all the identified facilities. Chair Bennett said this information was good to know, and it showed communities what they could do to reduce the impacts from wastewater discharges. Director Kucharski said there is an organization that provides information for homeowners on what they should and should not put down their drains and how to use garbage disposals wisely. Commissioner Osborne said schools could also participate in this education. The next generation needs to know about this. Chair Bennett said he has been composting his kitchen waste for 40 years, and meat and bones do not pose any problem. People should compost more, and it would serve both the landfills and the wastewater discharge. Director Kucharski brought up Puakō. He did meet with people there and attend a presentation in January 2018. Other department heads were present, as well as Representative Cindy Evans. There are no easy answers, and there is only an answer that is less wrong than the other choices. He has been in contact with Coral Alliance and has met with them multiple times, discussing the Puakō issue and going over alternatives. He just wanted the EMC to know that was occurring. 7. COMMISSIONERS’ DISTRICT UPDATE REPORTS AND ISSUES Vice Chair Olson said abandoned vehicles are an ongoing saga in his district, but he would say that DEM is keeping up pretty well. Cost remains a big issue, and capturing a portion of the cost at the point of purchase would help. He has spoken with several people and they agree. At least a portion of the cost to remove a vehicle could be captured at the point of purchase. Tires continue to be an issue, as they end up on the side of the road and the County has to deal with them. His councilmember might be able to introduce something to help with that. Commissioner Osborne asked who handles the abandoned vehicles that are on state property, and Director Kucharski said a major issue is what the current code says. The County Code does not have a separate definition of what an abandoned vehicle is and follows the State code, which states that a vehicle is abandoned if it is on a county or state road, or adjacent to that even if it is on private property. In Ocean View there are many non-dedicated private roads, and the County does not currently have the authority to remove vehicles abandoned there. Director Kucharski said the County is paying $680 to dispose of each abandoned vehicle, which does not include towing costs and all the overhead. They now have two bidders, so the price may go down. People are frustrated with how long it takes to pick up an abandoned vehicle, but DEM is dependent on the Police Department to issue the tickets. Once a vehicle is ticketed and HPD goes through their procedures, they report the vehicle to DEM. DEM staff goes out and physically verifies the vehicle is there, because towing costs will have to be paid if the contractor goes out to tow and it is not there. The contractor is required to pick up a vehicle within 72 hours. Money is not the major issue—the frustration is in how to get the abandonment, ticketing, identification, and towing time shorter. It is mostly administrative. When the police notify DEM of an abandoned vehicle, DEM staff will go out within 24 hours to look at the vehicle and verify it is there, and then contact the towing company. Vice Chair Olson said that again, he would like to see legislation to have AV removal costs paid at the point of purchase. Regarding Commissioner Fear’s district issues, Director Kucharski said DEM’s recycling staff visits schools and provides materials on recycling and tours of the landfills. If requested, he could have the Recycling Coordinator, George Hayducsko, give a presentation on school training and what is being done as far as education. Chair Bennett said he would like to have that presentation at the March meeting. Commissioner Fear announced a beach clean-up on March 3, 2018, at the old airport. Last year they had over 1,000 people show up, and they saved the county $400,000 in litter clean-up costs. Lunch is provided. They receive overwhelming support from churches and other groups up and down the coast. He provided a flyer and said they are tracking a pile of nets and trash that is currently between Molokaʻi and Oʻahu. Some of it has drafted to South Point, and this kind of debris affects all of us and is only going to get worse. Regarding the discharge of water on Aliʻi Drive next to Huliheʻe Palace, Director Kucharski said it does not appear to be a wastewater discharge. The Department of Public Works does not have any kind of storm drain there, and DEM has no discharge there. They are not aware of any County line that is causing the discharge. He can take a look at it and check groundwater reports. He does not have sampling equipment for ocean water, but he can check with the state. He apologized for not fully understanding what Commissioner Fear wanted him to look at and said he would have a better answer next time. Commissioner Fritz said that he received an email from a Canada company that he does business with, stating that the waters in front of Puakō are polluted, and that there was an article in the Wall Street Journal. Puakō has a major sewage problem. He attended a meeting this past Saturday with Representative Evans, Councilmember Richards, and a woman whose name he did not get but who is a lobbyist for Coral Alliance. There is no easy solution, but he plans to talk to Mauna Lani, as they have a sewage treatment plant. Puakō affects their area of ocean too. He needs to sell them on the fact that they all share the same ocean and need to help each other. He is not afraid to ask the question, and he will report back on what he finds out. Chair Bennett said he had asked Director Kucharski for a list of the beach recreation sites on the Kona side that have restrooms, and he received the information. There are about eight such facilities that are not connected to the sewer, which means they have individual waste systems. They are permitted through the DOH, but they are still discharging to the ground, literally at the shore. He would like something to be done to remediate that. Technology exists that could be a solution, and he has talked with some nonprofits about partnering with the County to explore the possibility of investing grant funds to assist in remediating these sites. He likes the thought of the County partnering with a nonprofit to do the right thing and demonstrate to the public that they can do more than just talk. He will continue working on this. 8. FUTURE AGENDA ITEMS Chair Bennett said they have two items that got brought up for the next agenda— handling wood waste at landfills and bringing in DEM’s recycling specialist for an update on educating at the schools. He asked if there were any other items and if not, send him an email if a request comes up. 9. ANNOUNCEMENTS Chair Bennett announced the next meeting: March 28, 2018, at the West Hawaiʻi Civic Center, Building G. 10. ADJOURNMENT Motion and vote: Vice Chair Olson moved to adjourn, Commissioner Osborne seconded the motion, and all commissioners present voted aye. The meeting adjourned at 11:41 a.m. Respectfully submitted: Mary E. Fujio, Secretary (with her signature)