HomeMy WebLinkAbout2018-07-26 Meeting Minutes (EMC)
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF HAWAIʻI
MEETING MINUTES
Thursday, July 26, 2018
9:08 a.m. to 10:55 a.m.
County Council Chambers
West Hawaiʻi Civic Center
74-5044 Ane Keohokalole Highway
Kailua-Kona, Hawaiʻi
Commissioners present:
Richard Bennett, Ph.D., Chair
Jon Olson, Vice Chair
James Fritz
Rick Gaffney
Luana Neff
Staff present:
William Kucharski, Director
J. Yoshimoto, Deputy Corporation Counsel
Mary Fujio, Secretary
Also present: Several members of the public
Not present: Justin Pequeño, Commissioner
1. CALL TO ORDER
Chair Bennett called the meeting to order at 9:08 a.m.
2. APPROVAL OF MINUTES OF JUNE 27, 2018
Motion: Vice Chair Olson moved to approve the minutes. Commissioner Gaffney
seconded the motion and pointed out a typo on page 3, near the bottom. The word needed
to be changed from “simply” to “simplify.”
Vote: All commissioners voted aye to approve the minutes with the correction.
3. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
Two members of the public, Jerome Warren and Sandra Demoruelle, had signed up
to testify.
Jerome Warren: Regarding agenda item 6(4), he said the Environmental
Management Commission gives advice to the Council, and Vice Chair Olson testifies at
Council meetings on behalf of the Commission. Vice Chair Olson lives in Council District 4,
and he frequently testifies by videoconferencing from Pāhoa. However, Commissioner
Osborne also lives in District 4. Since two commissioners are from the same district, there
is a credibility problem.
Regarding agenda item 5.a., the Commission’s current practice on government
documents is to not look at them. The EMC’s discussions on Nāālehu’s wastewater EPA ʻ
mandate have always been dismissive. Here again, the EMC’s credibility is at stake. They
tend to take a see no evil, hear no evil, speak no evil approach, and are like the cat that
swallowed the canary. The EMC should not put their current “obfuscational” practices into
public policy. He hopes this agenda item is not going to restrict any commissioner’s ability
to do what they’re authorized to do. He is looking forward to seeing new commissioners
who are willing to study mandates and regulations. New commissioners should interface
with DOH officials and should not be hamstrung in their authority to protect the
environment. The EMC should not have blinders on and go backwards. They need to stop
wasting time talking about their personal frustrations and anecdotes. EAs, EISs, and
government documents and communications do provide proof and do protect the
environment. That is what the EMC is here to do, to protect the environment. If they don’t
examine documents and put details into motion, nothing happens and the environment
remains unprotected.
Regarding agenda item 6(1), the Nāālehu wastewater treatment plantʻ, this is a
groundwater project and is why we’re in this boondoggle. Nāālehu continues to dump raw ʻ
sewage into a gang cesspool. The sewage comes from 160 homes, and no commissioner
has ever expressed any concern about this practice. It should have been stopped in 2005.
At the June meeting, Commissioner Olson perpetuated the plantation propaganda that the
company went out of business. He used the politrick of asking a question of him (Mr.
Warren), putting a spin on the subject, and not allowing him to reply. He hopes the two
new commissioners will bring civility to this body. Doing nothing means Nāālehu remains ʻ
with a primitive sewer system. The current utopian plan will place the entire county in a
financial crunch, but it will give new and old plantation investors free infrastructure for
their development. Every dystopia started out with a utopian concept. There is dystopia in
Nāālehu. ʻ
Regarding the director’s report, item K of the Wastewater Division is on sewer bills.
According to the EPA, Nāālehu’s ʻcounty-run sewer dystopia has been illegally polluting
Kaū groundwater for 13 years, and the County has ʻbeen charging the people $15 a month
for the illegal operation. The county took him to court to collect the debt. People who don’t
pay get taken to court, and people and the environment are suffering. If the sewer
department gets their way, the people will have their water shut off. That is what they’re
being faced with.
Sandra Demoruelle: She expressed her appreciation to the commissioners for being
there and being like her, another person. However, she sees a lack of understanding on the
county’s part and the EMC’s part on what the NEPA and HEPA regulations require. She
pointed out to J Yoshimoto today that there are NEPA arbitration procedural statutes.
What is important is the procedure that goes into analyzing what is happening and the
consequences. Following the procedures provides agencies and the EPA with information
to make wise decisions. It also provides for public input, which has clearly been missing on
the Nāālehu project. No one wants to put a wastewater treatment plant by a school. There ʻ
seems to be some sort of deception, as they were told of a final EIS in 2007 that was never
implemented and never withdrawn. They don’t know what happened to it. Now there are
two brand new plants being planned when there are so many problems with the old ones.
Building two new ones does not make any sense. However, seeing the developers who are
being helped by this project leaves them no longer surprised. It has been unkind to
terrorize the community and strike fear in her heart such that she would come out to speak
on this, and it’s simply because no EIS process was put in place on any level. There has
never been an EA done on wastewater plants. That’s what she’s asking.
Commissioner Neff asked Director Kucharski why there has been no process for an
EA, and Director Kucharski explained that there has been an ongoing process of evaluating
sites for treatment facilities at Nāālehu and Pāhala. The initial EAs that were done showed ʻ
that the sites and alternatives were not acceptable. The EA is in the process of being
prepared, which is what the earlier public informational meetings were for—to discuss
things that were being considered for the community. The reason an EA has not been
completed is because the environmental studies have not been completed to the point
where they’re ready to go forward. It is anticipated to be done within the next year. They
are looking at the preparation of the EA (for Nāālehu) ʻstarting in late fall.
Commissioner Neff asked whether an EA is applied only when it’s been figured out
that a site has been found, and Director Kucharski clarified that an EA is done for a project.
You need to have a project, and then you have an EA done to determine whether the project
is environmentally suitable for its purpose and location. That is the process we are in. The
Wastewater Division has looked at over 30 sites just in Nāālehu, and for one reason or ʻ
another the sites have been found to be inappropriate. An EA has not been produced
because where or what the facility is going to be has not bee finalized. Until that is done,
there is no EA because there is no project. The project is still being prepared and analyzed.
Director Kucharski said he is never afraid of public input and positions that conflict
with his. This is what the process is for, and he welcomes those comments. If he were
afraid, it would mean he’s doing something not according to the law and process. In a
situation like this, once the project is finalized the EA process will be done; and it will allow
the community to discuss the project and provide feedback, which will help in the
evaluation of the potential impacts of the site. As Mr. Warren pointed out, for 15 years
they’ve been looking for a way to appropriately and adequately close the gang cesspools
that are harming the environment. As soon as that can be done, the better it will be for the
community, the county, and the Wastewater Division.
Vice Chair Olson whether new developers coming in to the area would be charged
for their connection and use, and Director Kucharski said the county’s connection fee is
zero for a new entity connecting to the sewer. However, the regular monthly charges
would be applied. Vice Chair Olson said that years ago a fee structure was discussed for a
new development, as the size of a system needs to accommodate some new development.
Director Kucharski said currently the county will be paying the connection fee to go from
the home to the sewer, and it will be paying for the people on cesspools to connect. It will
cost over $1 million for all the connections. For others to connect later, it will be at their
cost.
4. UNFINISHED BUSINESS
a. Continued discussion on the motion that any contracts entered into
with the Department of Environmental Management contain a
percentage of the contract dedicated to an education and outreach
component for waste reduction. (The motion is on the table from the
June 27, 2018, meeting.)
Chair Bennett said that as the two commissioners who were working on this to
provide more precise language were not present, this would be tabled until the next
meeting.
b. Status report by subcommittee pursuant to its investigation on how to
address implementing the Commission’s resolution approved and
adopted on March 28, 2018, to adopt a proactive pollution elimination
program consistent with the goals of the Clean Water Act.
Chair Bennett said this matter has grown into something much larger than he had
envisioned. He received information from the Planning Department and spoke to a
planner, who was able to give him an overview of all the policies and regulations which
have something to do with the General Plan. It was illuminating, as he did not realize the
General Plan looked at things such as watershed management. There are significant holes
in some county policies, and one that needs to be investigated is the functioning of the
Public Works Department (“DPW”) and storm water management. He needs to talk to
DPW to get their views on this, and he hopes to have more concise information next month.
Commissioner Gaffney said there appears to be a unique filtration system being
installed in the drywells at Queen Kaʻahumanu Highway at the bottom of Hina Lani Street,
which he does not think are being installed in other drywells. He would suggest Chair
Bennett ask DPW about this. He is curious about whether the federal government has
unique requirements which the County should consider.
5. NEW BUSINESS
a. Discuss and adopt a policy on how the Commission may comment on
environmental assessments, environmental impact statements, and
government documents and communications.
Chair Bennett explained this agenda item is an attempt to expand the EMC’s
involvement. He has asked the secretary to make sure all commissioners receive The
Environmental Notice that comes out of the State Office of Environmental Quality Control,
which shows what is happening on each island. A recent issue got his attention, as it was
for a proposed commercial center on NELHA land. The project proposed to have a gas
station, small restaurant, restrooms, and a septic system. There were no details in the EA
on how the septic system would be installed, and he is concerned that a state agency
known for innovation and research and development chose to hand the issue of
wastewater management to the contractor, and the contractor has done what contractors
do.
It occurred to him that the EMC has opportunity to comment on these projects,
although it could be outside their scope of work to do so. The question before them is
whether they want to be able to look at EAs and EISs that get their attention from the
broader perspective of environmental management, even though it is outside the
immediate scope of their charge, and assume an advisory role. If they cannot do so directly
to the authors of the EA, the only option would be to provide their advice to the DEM
director and ask him to communicate it to the project proponents. He asked the
commissioners if they would like to become more proactive in this regard.
Commissioner Gaffney said he would like to hear from counsel with regard to their
limitations, and Mr. Yoshimoto said Chair Bennett stated accurately that the EMC advises
the director, and the option he spoke about is doable. The commissioners can also write
letters on their own behalf as citizens, but not as a commission. Their duties are in the
Charter and County Code.
Commissioner Gaffney asked whether their responsibility is also to advise the
County Council, as it was his understanding that when legislative issues come before the
Council that would attract their attention, they are able and obliged to comment. Mr.
Yoshimoto explained that the EMC was created by a referendum, meaning the voters
created it. The Department of Environmental Management was cleaved out of the Public
Works Department, and this happened with overwhelming public support. The
expectation is that the EMC would speak for the public wherever they could through the
director, the Mayor’s Office, and the Council. The EMC was created by ballot initiative, and
in that sense it is different from other agencies in the Charter. To answer Commissioner
Gaffney’s question, Section 2-207 of the Code specifically states that the commissioners
shall provide comments and recommendations on these matters to the Council.
Chair Bennett asked for clarification. If something is occurring in the community
that is not before the County Council, is the EMC, in its official capacity, precluded from
bringing attention to it? Mr. Yoshimoto said the EMC has the ability to advise the Council
on any matters under the authority of DEM. They could submit a report to the Council and
director, and that could generate it being brought before the Council as an agenda item.
They could also ask their councilmember to bring it up.
Chair Bennett said that for the commercial center on NELHA land, a generic septic
system is being proposed. There is solid evidence showing septic systems are not
appropriate for this state. It seems to him this provides an opportunity to offer some
leadership in the community and to NELHA by pointing out there are alternatives that
should be explored, especially since NELHA is about research and development. He is
hearing that it is not outside the EMC’s authority to offer a communication to the director
as well as the Council and hope that it gets communicated to NELHA. The EMC could ask
the director to forward their communication to the CEO of NELHA, asking them to look into
it.
Commissioner Gaffney said he agrees with the concept but questioned whether the
state needed to reach out to the county with regard to the proposed septic system, since
the project was on state land. He wondered whether or not a County building permit was
required.
Director Kucharski said DEM does receive EAs and is given opportunity to comment.
DEM could suggest that project proponents go above the minimum standards and
requirements of the state, but that is the only thing they can do, as they are restricted by
the County Code to wastewater treatment, solid waste operations, and anything ancillary to
that. They can submit comments but do not have standing to enforce.
Chair Bennett said he agrees and understands. He pointed out an example of
something that should have been commented on—the dairy farm in ōkalaŌʻʻ—which has
become a nightmare. The EMC can and should have the ability to comment on something
like the dairy, even if it is outside DEM’s scope. If the EMC can draft an advisory letter,
provide it to the director, and have him forward it to project proponents, it will be an
opportunity for the EMC to offer leadership and expand, rather than narrow, their scope.
Motion: Commissioner Gaffney moved that the EMC draft a letter to the director
with regard to the proposed septic field system at the proposed gas station on NELHA
property. Vice Chair Olson seconded the motion.
Commissioner Gaffney said one thing that is outside of the director’s scope but not
the EMC’s is to remind NELHA that the purity of the water at NELHA is more important
than anywhere else on the coast, if that facility is to reach its maximum operational level
and generate the kind of economic return it is assigned to do. It can’t do that if it is
polluting its own water. As citizens, they can make a statement to that effect.
Vote: The motion carried unanimously.
Chair Bennett said Corporation Counsel sent him a communication on this and
offered a couple of options. One was to have the director, who receives requests for
comment on EAs and EISs, bring those to the EMC to get their response. Director Kucharski
said if the comments for a project proponent are to tell them to go above and beyond the
requirements of the state, he is not sure they have the standing to do that. It would be a
slippery slope. They could say it, but there is no authority to enforce it or do anything
other than say it. Also, he is not certain they have the expertise to make those precise
environmental judgments. He would not want to make a statement that someone should
go above the standards without having a solid factual basis to do so.
Chair Bennett asked if it would be acceptable to ask that Director Kucharski bring
those requests for comment to the EMC’s attention if he believes it would benefit from their
input, and Director Kucharski said he would be happy to do that. Chair Bennett said he
would appreciate that, and Vice Chair Olson said likewise.
Chair Bennett said he would take item 5.c. on the agenda before 5.b.
c. Discuss changing the Commission’s regular meeting dates in 2019 from
the fourth Wednesday of each month to the fourth Thursday of each
month.
Chair Bennett explained the secretary had proposed this because of the difficulty in
obtaining a meeting space on Wednesdays. Commissioner Pequeño had emailed testimony
about the fourth Thursday being problematic for him because of a standing meeting he has
that day each month. Since then, however, the secretary was able to secure a Hilo
conference room for all the 2019 Hilo meetings, so there is no longer a need to move the
meeting day.
b. A report by Chair Bennett regarding research being done on on-site
waste disposal technology that may be studied by the University of
Hawaiʻi and used in County and private facilities.
Chair Bennett explained that he put together a video report on some work he has
been doing in the area of looking for alternatives to cesspits and septic systems. He said it
is frustrating that there is no one at the state level, and no group of people, actively
pursuing this in their official capacity.
The presentation was entitled “Developments in the Cess to Septic Paradox.” Dr.
Bennett went through each slide, and some of the highlights are:
• We’ve been told that cesspits are not okay and that septic systems are the
solution. They are not the solution.
• A cesspit can be a hole in the ground, or it can be a concrete cylinder with
some holes in it. The wastewater flows from a house into the pit and then
drains to the groundwater.
• A septic system has a tank, and its purpose is to remove the solids so they
don’t go into the leachfield and plug it up. Some other processing goes on,
and then the somewhat clarified water goes into a leachfield which has pipes
with holes in them, and it drains through the water stratum and ultimately to
the groundwater.
• Science says cesspits and septic systems are pretty much the same. It is his
opinion, and that of many others, that the rush to put in septic systems is a
very expensive mistake.
• Long Island, New York, is a community on septic systems, and it has
numerous water quality problems associated with various kinds of algae,
some of which are dangerous. The algae has been an olfactory, visual, and
biological catastrophe, and it is mainly attributable to the 100,000 septic
systems on the island.
• Kihei Beach on Maui has been getting algae blooms, and it has been
attributed to wastewater injection wells in Kihei.
• The human nitrogen cycle: The extra nitrogen in our diet goes into the waste
system via urination, and it flows wherever water flows. It is not absorbed
by soil or rock. If you do the math, our homes in Hawaiʻi are depositing
between 700,000 and 1.3 million pounds of nitrogen into the environment
every year from our cesspools. If you add in the septic systems, there will be
even more nitrogen.
• The Stony Brook University has a Center for Clean Water Technology, which
has been commissioned to take on the problem of nitrogen removal. They
have been working for years on it and have come up with a biofilter which
has been able to reduce nitrogen by 60% to 70%. Dr. Bennett detailed how
the biofilter works in removing nitrogen. Another system with a liner has
been getting a 90% reduction in nitrate.
• This new technology is exciting. It is low tech, there are no pumps, no
electricity, and nothing to monitor.
• On another front, a company is using technology called a membrane
bioreactor, and is working on getting Hawaiʻi DOH approval. The technology
works well, but the difficulty is that people need to have access to their
cesspit to install it. It also requires technician maintenance.
• The membrane bioreactor is the size of a large suitcase and has the ability to
filter the constituents of wastewater to allow clean water to come through. It
contains nitrate, so has to go through an anaerobic denitrification process,
and then it can be discharged or reused. These membrane bioreactors are in
use now.
• He ran an idea past Dr. Roger Babcock of UH, which is to retrofit cesspits with
the Stony Brook Sand System. It is a crude idea, but he is hopeful they can get
some funding to test it out.
In closing, Chair Bennett quoted a New York senator who said they are committed to
developing and commercializing something affordable to replace their hundreds of
thousands of aging septic systems. The state of New York is actively seeking to remove
septic systems, while the state of Hawaiʻi is talking about installing them. Something is
amiss here. If any commissioners are aware of funding sources, let him know so that he
and Dr. Babcock can get started. Also, commissioners should keep their eyes open for
alternatives to traditional septic systems that are more appropriate for the state and the
County of Hawaiʻi.
Commissioner Gaffney thanked Chair Bennett for the presentation and added that
he volunteered at the last meeting to look into international options for wastewater
management. He had no concept of how vast and complex this would be. He found out
there are numerous international associations of wastewater management which are
combining the resources of multiple nations toward this end. It may be appropriate at
some point to recommend that DEM become a member of one of these associations.
Regarding Chair Bennett’s presentation, Commissioner Gaffney said it struck him
that there really could be a simple solution. With the Long Island issue, using wood chips is
not a permanent fix, as they will eventually break down. The chips could also become fully
saturated and not work. Chair Bennett said he had the same concerns, but spoke to a Stony
Brook researcher, who believes they’ll get 40 years out of the chips. If the carbon is
exhausted, a liquid source can be added. It would behoove him to get better data on how
long the system is anticipated to work.
Vice Chair Olson said it always surprises him there are not more people on this
island working on this, as we have numerous climate zones. There are a lot of questions to
be asked and so many variables. Puna gets 300 inches of rain, and Kona gets 12 if it’s lucky.
He also learned that most of the world looks at waste as an asset, not a liability.
Chair Bennett said that from his perspective, dislike of waste has been driven for a
couple of hundred years by fears of an epidemic. The fear of an epidemic is wholly
misplaced, and the potential for disease in our society from human waste is negligible
because it is not allowed to contaminate drinking water. It is a problem in other parts of
the world, but not in the United States.
6. DIRECTOR’S REPORT
Director Kucharski reported on the following:
• Status of the proposed Nāālehu Wastewater Treatment Plantʻ: Geotechnical
samples and surveys will be taken the first and second week of August. Potential
new locations are being looked at, and if the geotechnical reports are satisfactory,
they will try to move forward with additional site selection and acquisition. Once
the preliminary evaluations are done, the WWD will commence with the EAs as
required for the new sites. The commissioners had been given a June 22, 2018,
letter from the EPA providing revised compliance dates. For the next meeting, he
will provide a gantt chart of the full schedule for both the Nāālehu and Pāhalʻa
WWTPs.
• Status of the Closure of the Hilo Landfill: The preliminary design for closure has
been provided to the state, and it has accepted DEM’s proposal to have an
artificial covering, similar to artificial turf. It was decided not to have a natural
ground cover because there would be no way to maintain its integrity in the Hilo
environment. Once the state approves the closure plan, they will go out for bid
on the installation. They expect to cease taking waste near the end of the year, or
perhaps in early Spring 2019, depending on how much waste comes in. They are
on schedule.
• A report on Fats, Oils, Grease (FOG): As an informational issue, the WWD is
running into FOG problems. Bob King, of Pacific Biodiesel, did a presentation
before the County Council. Pacific Biodiesel takes grease traps and restaurant
grease and converts it into biodiesel. However, the wastewater produced during
this process contains too much COD (chemical oxygen demand) for it to go
directly to the Hilo or Kealakehe WWTPs. The waste stream would require
pretreatment, and the WWD does not have industrial pretreatment standards.
DEM is investigating and dealing with the DOH on creating such a program. He
made a commitment to the County Council to report on the status of the
industrial wastewater treatment program in early August. Though currently
there is not much industrial waste on this island, standards need to be set in case
a company does come in and produces industrial waste. That waste will need to
be pretreated in order to use the County’s sewer systems. Pacific Biodiesel had
been sending their wastewater to Maui for composting. However, the Big Island
does not have control of the composting—it is contracted out to HER, who cannot
be forced to take another water source for their compost. In the meantime,
Pacific Biodiesel is not taking new customers, so restaurants don’t have people to
take the grease traps. DEM opened the grease pit in Puʻuanahulu to
accommodate FOG disposal. All FOG received will need to be solidified and pass
the paint test, and then it can be disposed of in the landfill. It is expensive, so the
WWD and SWD are trying to come up with a better way to deal with it.
• Report on a complaint to the Mayor’s Office about a commissioner’s tenure: Susie
Osborne has resigned from the EMC. On her original application form, she
accidently wrote that she is from District 5, but she is actually from District 4.
Once the error was discovered, she was asked to resign, which she did gracefully.
Her presence will be missed. Vice Chair Olson pointed out that reapportionment
came along at some point and confused the districts. Chair Bennett said he would
like to have her service acknowledged, and he will work with the secretary to
draft a letter to Ms. Osborne.
7. COMMISSIONER REPORTS
Chair Bennett told the Commission about his experience reporting an abandoned
vehicle. He called the Police non-emergency number to report the vehicle and explained
that he is the chair of the EMC. He had to answer several questions about the vehicle, and
24 hours later, it and several others were marked with abandoned vehicle emblems and
stickers. In his case, being a squeaky wheel, and perhaps identifying himself as being on
the EMC, got the grease. A couple of days ago he saw two of the recently tagged vehicles
being towed, so it appears to be working.
Director Kucharski said he hoped any citizen that calls in an abandoned vehicle
would have the same results. In addition, the Council’s Environmental Management
Committee passed Bill 154 (regarding removing abandoned vehicles from private
roadways), with a couple of minor changes, and also added to the bill EMC’s
recommendation to include a public education component. It received unanimous
approval and is moving forward.
8. FUTURE AGENDA ITEMS
Commissioner Neff said she wanted the Hū Honua incinerator project on the next
agenda. Chair Bennett asked if she could give a presentation, and she said yes.
Commissioner Fritz said he read about sewage digesters in Honolulu converting
sludge into fertilizer and wondered if Director Kucharski could provide input in regard to
what kinds of profit-making waste management opportunities exist here. Director
Kucharski said that regarding Honolulu’s sewage digesters, he believes the City and County
of Honolulu treats over 100 million gallons per day of raw sewage, whereas the County of
Hawaiʻi gets only 2 to 3 million gallons per day. Their treatment systems also are different,
such that Oahu has a much richer source of biological material for digestion to function
with. Economy of scale is such that the minimum type of facility would take a lot more
sewage waste than what Hawaiʻi County has. However, he will accumulate some
information and report on it at the next meeting.
Commissioner Fritz said the east side has seen transfer station improvements, and
he asked whether there were any improvements planned for the West side. Director
Kucharski said that Puakō is not a great location and is not particularly expandable. There
are no plans to expand it. If Commissioner Fritz wanted to discuss alternatives, they are in
preliminary stages, not far enough along to discuss.
Commissioner Gaffney said he would like an update on other commissioners who
have been suggested, as Dru Kanuha had recommended someone several months ago and
she has not heard back. Director Kucharski explained that all appointments to the EMC are
done through the Mayor’s Office and do not come to him. However, he will check with Rose
Bautista on the status and report back.
9. ANNOUNCEMENTS
Chair Bennett announced the next meeting: August 22, 2018, in Hilo at the Aupuni
Center Conference Room.
10. ADJOURNMENT
Motion and vote: Commissioner Neff moved to adjourn, Commissioner Gaffney
seconded the motion, and all commissioners voted aye.
The meeting adjourned at 10:55 a.m.
Respectfully submitted:
Mary E. Fujio, Secretary