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HomeMy WebLinkAbout2019-01-23 Meeting Minutes (EMC) ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF HAWAIʻI MEETING MINUTES Wednesday, January 23, 2019 9:05 a.m. to 11:23 a.m. Aging and Disability Resource Center 1055 Kinoʻole Street, Suite 101 (Training Room) Hilo, Hawaiʻi Commissioners present: Richard Bennett, Ph.D., Chair Jon Olson, Vice Chair James Fritz Dee Fulton Rick Gaffney Luana Neff Justin Pequeño Staff present: William Kucharski, Director Keyra Wong, Deputy Corporation Counsel Mary Fujio, Secretary Also present: Two members of the public. 1. CALL TO ORDER Chair Bennett called the meeting to order at 9:05 a.m. 2. APPROVAL OF MINUTES OF NOVEMBER 28, 2018 Motion and second: Commissioner Gaffney moved to approve the minutes and Commissioner Pequeño seconded the motion. Discussion: Commissioner Gaffney pointed out that when they are reviewing a bill, such as they did with Bill 210 at the previous meeting, the motion should be to recommend adoption or non-adoption of the bill rather than to approve or not approve it, as the EMC cannot approve bills. Ms. Wong said in the future they should use clearer wording on whether they are recommending approval or adoption of a bill. 3. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Cory Harden: If sewer fees are to be increased, the people who are doing the right thing are being penalized, whereas those on cesspools don’t pay anything. It would be fairer to increase property taxes than sewer fees. She passed out a flyer about a “Reinvented Toilet Expo” held a few months ago. She suggested they look into the different types of toilets, because waste should be seen as a resource. She would like Bill Gates to do a video presentation to the County Council to get the momentum going on sewer alternatives. 4. UNFINISHED BUSINESS a. Chair’s update on Water Sustainability Policy White Paper and plans. Chair Bennett said several things came up that took priority over the white paper, so he is still working on it. He deferred the matter to the February meeting. The intention is to have the draft out to the subcommittee so it can be discussed thoroughly at the February meeting. 5. NEW BUSINESS a. Informational discussion on the State’s Water Reuse Task Force Report. Chair Bennett said this was under New Business because the EMC had agreed as a commission to respond to the report, rather than to draft their own policies on water reuse. (1) Director’s introduction to the report. Director Kucharski explained he was a member of the task force, which was created during the last legislative session to look at water reuse in Hawaiʻi and come up with ideas on how to increase it. The task force came up with goals and looked at ways water could be reused and what the institutional barriers are. They identified ten top recommendations and also came up with several demonstration projects, which included the Kealakehe WWTP R-1 upgrade, with the focus on marketing the water and management of the resource. They also looked at funding for the design of the planned regional park in Kona to have a dual piping system. Public outreach is needed to start educating people about water reuse and how, if treated properly, it can be purer than water that comes out of the ground. (2) Commission’s input. Commissioner Gaffney was pleased that the Kealakehe WWTP is one of the demonstration projects. There are other possible users of the water that are not listed in the report, and one is the state ag park. Director Kucharski said the transmission costs far exceed what the County can recoup. The R-1 system was originally at $54 million and is closer to $70 million currently. Commissioner Gaffney said the state should help with the cost, as it ultimately benefits the desire to increase agriculture in Hawaiʻi. Director Kucharski said the salinity of the water needs to be reduced—the system should be changed so they get less sea water intrusion. They also need to plan for more R- 1 facilities further north, where there will most likely be more development. Commissioner Gaffney said he harps on it because the ag park and HELCO next to it are massive users of our freshwater resources. If they could be broken of that habit and use cheaper water, everybody would win. Director Kucharski said the more water they recycle, the less demand there will be on the aquifers. Part of the sustainability goal is to make the reuse more prevalent and to reuse as much as they can. Commissioner Gaffney said he would like follow-up on the legislation, and Director Kucharski said he follows all the environmental legislation that affects his department and submits comments. He can provide copies of his comment letters. Commissioner Olson said water reuse was discussed in the County many years ago, and it kept getting put off. Nobody got the funding. For his Puna District, the concern is closing all the cesspools and replacing them with systems people can afford. Puna has large lot sizes, and some composting toilets have been approved. They can contact Dr. Weatherford if they want to learn more about that, as he has gotten two systems approved. However, it always comes down to the money. Commissioner Pequeño said the main barriers in the report for water reuse seem to be regulatory, financial, social, and infrastructure. For infrastructure, he would recommend they look into the opportunity zones that have been designated on the Big Island, which are the most urbanized areas of Hilo, Panaewa, and Kona. There are tax incentives for private investment and development in these areas, and the County could try to influence implementing water reuse in them. Director Kucharski said that water reuse in a tropical rain forest ecosystem is not particularly beneficial to anyone. The demand is significantly higher in drier areas. Chair Bennett had several comments: • It is distressing that we have institutional barriers that hinder R-1 water development. It is understandable to him from a regulatory perspective, but not from a resource perspective. • Do not expect the agricultural community to jump at using R-1 water. An incentive system needs to be created. What started out in Petaluma and Santa Rosa at a huge cost turned into a very successful money maker, irrigating 7,000+ acres of arid pastureland and vineyards with tertiary, or R-1 water. That approach needs to be considered here. When the EPA granted the County of Hawaiʻi about $50 million to extend the sewer line down Aliʻi Drive to Queen Kalama, there was a reuse component in the contract that the water was to be reclaimed. This has not happened. • The report is good in the way it looks at municipal wastewater systems. However, the idea of reusing graywater in the home is not mentioned at all, yet it is the biggest opportunity to reuse water and keep it out of the cesspits. Chair Bennett asked the director how they could respond to the report and share their thoughts with the legislature. Director Kucharski said the task force has been disbanded. A legislative package will be coming out, and he will be providing written testimony on the various environmental bills. The only method to comment now is to follow the legislation and submit testimony. The commissioners discussed how the state cannot afford to disassociate water reuse from wastewater management, but Vice Chair Olson said the issue is totally disconnected from his environment and the Puna community due to the low population, large lot sizes, and the fact they are not connected to a governmental water system. Director Kucharski said he agrees that one size does not fit all, and the Cesspool Conversion Working Group is looking at what will make sense in different areas. In addition, the geology of the Big Island is different from the other islands. Chair Bennett said the report does not mention adopting the 2016 Uniform Plumbing Code with the green supplements, and Director Kucharski said it was discussed and pushed for adoption, but it is difficult to address at the state level and then drop it down to the county level. Whatever is adopted by a county will have to be shown to be not less restrictive than the state. Chair Bennett said it appears the state does not trust the Uniform Plumbing Code process, which is used in hundreds of counties in many other states. Vice Chair Olson said it is clear the state is the obstruction. Chair Bennett said it all hinges on a blind assumption that human waste is teeming with viruses, bacteria, and parasites that are waiting to kill us should we touch it. However, science says this is categorically not true. He asked if there were a couple of commissioners who would be willing to be on a subcommittee to draft recommendations to the legislature relative to reuse policy, and Commissioner Gaffney and Vice Chair Olson volunteered. The commissioners discussed what the procedure should be used in responding to the report. Ms. Wong said the cleanest way is to focus on DEM’s purview and responsibilities. The response should be submitted to Director Kucharski, with a copy to the Mayor and County Council. Director Kucharski can push the letter through, such as when he offers testimony on bills in the legislature. Director Kucharski pointed out that the bills will be going to the Committee on Water and Land rather than the environmental committee. Chair Bennett said that even though cesspit closure, individual home waste management, and reuse are currently on different legislative tracks, there is a tremendous interconnection. He requested Commissioner Gaffney to follow up on and reveal those interconnections. If they are bifurcated legislatively, opportunities will be missed. Commissioner Fulton brought up that at the previous meeting, they had created a subcommittee which was to review alternatives to conventional wastewater treatment plants. Chair Bennett said it was a hope and has yet to materialize. Also, it is outside the purview of DEM, but that does not mean they have to remain silent. b. Discussion on Bill 210, which proposes to increase wastewater service charge rates to cover the costs of providing the services. The County Council wants the Commission to discuss alternative funding options other than sewer user fees and comment on the fee schedule options of 1 year, 3 years, or 5 years. A recommendation to Council is also requested for these options. The Commission can also propose alternatives to these scenarios. Chair Bennett said it appeared the Council feels that Bill 210 is repressive and puts the burden on the existing sewer users, and is asking the EMC to look at what can be done to soften the blow. He had prepared a draft letter from the EMC to the Council responding in support of Bill 210, while also encouraging some alternatives for funding, operation, and maintenance. He read his draft aloud: Dear Chair Chung: At the last duly commissioned meeting of the Environmental Management Commission, a unanimous vote of support was communicated to the Council for Bill 210. Since that time, the chairman has been informed of concerns about raising fees, especially for lower-income residents. We appreciate that concern, and we encourage the Council to explore mechanisms for funding from all county residents and visitors in order to keep the sewer system operating as required by state and federal regulations. Some members of the County Council have suggested the EMC provide an analysis of financial options to fund sewer maintenance and operations. However, financing of community infrastructure is both outside the charge and expertise of the EMC. The EMC does offer some perspective as to why deferring maintenance and the expertise to manage wastewater operations is simply not a wise course of action. The sewer systems of the county were originally funded by a combination of federal, state, and county funds. Thus, all persons have contributed in some fashion and all persons benefit. Efficient sewer operations are critical for the public’s health and the beneficial uses of the near coastal waters. Both issues are very large in the current public discourse. The sewer systems in both East and West Hawaiʻi are aging rapidly in a highly corrosive marine environment. Now at 30 to 50 years of age, the rate of deterioration is increasing, making repairs expensive and in some cases technically unsound. Deferring maintenance can have the effect of making repairs as expensive as building a new system. All conventional sewer systems leak, the extent to which is determined by the age and maintenance of the system. Inward leakage is called infiltration and inflow, or I and I. Groundwater, seawater, rainwater enters the lines in breaks, holes, and separations and greatly adds to the volume and cost and efficiency of treatment. Inefficient treatment raises the risk of wastewater discharge that is partially treated; and as a result, public health is placed at risk. Seawater is infiltrating the sewer lines serving the Kealakehe Wastewater Treatment Plant. The plant is undergoing a $70 million upgrade to produce R-1 water for reuse. Reclaimed water with high salt and chloride content is unsuitable for most irrigation applications. Thus, the value of the water and the investment in reuse is in jeopardy from deferred maintenance. Failure of the reuse program will result in continued discharge of wastewater to the environment and increase the prospects of legal challenges, as occurred to Maui County. The other form of sewer leakage is exfiltration. In this case, when a defect in a pipe arises and pressures from pumping stations or force mains are applied, sewage can flow out into the environment. Along the coastal areas where sewers are common, exfiltration is a major concern. The EPA estimates that aged sewers can leak between 30% and 50% of the flows. Currently, measuring exfiltration is not easy to do and therefore not conducted by most U.S. municipalities. Any exfiltration conveys human pathogens and the nutrients nitrogen and phosphorus to the ground water. If the sewers are to be a future option for cesspit closures, exfiltration must be monitored and controlled via regular operational surveillance and repairs. Hence, it is easy to discern that efficient sanitary sewer systems are in the vital interest of all county residents and visitors. Extending the fee increases over a five-year period may on first blush seem fair and harmless. However, we advise the county to move forward to enhance sewer efficiency sooner rather than later. We further suggest a funding mechanism be explored to include all residents and visitors to support sewer operations that protect public health, the oceans, property values, and the economy. We welcome any opportunity to further serve the County Council and our community. Sincerely. Director Kucharski explained that with Bill 210, the fees would go up 80% to 90% and would still be the lowest in the state. The increase would help in the operation and maintenance of existing sewer facilities and lines. About 18% of the county population is on sewer, which means 82% of the cost is now being shared by all county residents. Part of the increase will allow the Wastewater Division to hire additional personnel who will be necessary to operate the R-1 system. Without the increase, he does not know how they will afford the additional personnel. The rate increase is also to allow them to catch up financially, because they have been doing nothing but crisis management for the last 10 to 20 years. He asked the commissioners to discuss Bill 210 again and provide the support they feel is appropriate. Motion and second: Commissioner Pequeño moved that they maintain their previous recommendation to the Council for the three-year graduated rate increase. Vice Chair Olson seconded the motion. Discussion: Commissioner Gaffney mentioned they had previously discussed alternative potential funding sources via grants, such as at the federal level and through NGOs. However, as DEM has no grant writer, it is extremely unlikely they will be able to access any of those monies. He is not sure this is relevant to the motion on the floor, however. Commissioner Pequeño said since it is a flat rate system, an alternative could be to charge based on water usage. Director Kucharski said that is a recommended system for allowing people who do not have a lot of excess income to minimize their sewer bill. However, it would require major changes, and he did not want to complicate the rate increase with it—it would be too much at one time. Commissioner Fulton asked Director Kucharski how the fees are assessed for resorts, and he explained that most of them are on private systems. Those that are on the county sewer are charged under a commercial rate fee plus a cost per 1,000 gallons of water. They pay in excess of what a resident pays, per person. They use and discharge a lot of water. Motion withdrawn and new motion made and seconded: Commissioner Pequeño withdrew his motion to maintain their previous recommendation to the Council for the three-year graduated rate increase. He moved to adopt Chair Bennett’s letter to the Council written on behalf of the EMC, in affirmation of their previous recommendation to the Council. Vice Chair Olson withdrew his previous second and seconded the new motion. Discussion: Commissioners Gaffney and Pequeño had a few changes they wanted made to the letter Chair Bennett had drafted, and everyone agreed on the changes. Motion, second, and vote: Vice Chair Olson moved to approve the letter as amended, Commissioner Pequeño seconded the motion, and all commissioners voted aye. 6. REPORTS/CORRESPONDENCE a. Chair’s Report. Chair Bennett said he had done some research and wanted to provide comments in a Chair’s Report, which was just for informational purposes. (1) The Commission’s work. (a) Our “business.” He consulted the Office of Information Practices and reviewed some of the legal opinions. The official business of the EMC has Sunshine Law implications in terms of what can be discussed outside of an official meeting, but the question is what really constitutes commission business. The OIP says references to official business are matters over which a board has supervision, control, jurisdiction, or advisory power. It also says official business is matters that are before the board or likely reasonably expected to come before the board. The commissioners are not constrained from discussing matters that are not on their agendas or likely to be. (b) The importance of the agenda. Chair Bennett said he would like agenda items to be clear on whether they are for discussion and action or just for information. (c) The meeting schedule. Chair Bennett said it has been suggested that they reduce their meetings to six per year. He is personally frustrated that they only meet once a month, as it limits their productivity. Commissioner Pequeño proposed keeping the monthly schedule and lengthening the ending time to 11:30 a.m. or 12:00 p.m. Chair Bennett said this matter will be on the February agenda, so commissioners can think about it and make suggestions then. (2) Environmental reports to the Office of Environmental Quality Control. Chair Bennett said the OEQC publishes EISs and EAs to give the public knowledge and an opportunity to respond. Sometimes it is appropriate for the EMC to respond to these. However, he was distressed at a previous meeting to be told by Corporation Counsel that they could not talk about an EA unless they did so in executive session. Therefore, he had asked the commissioners if any of them wanted to go into executive session to discuss the EA, and no one said they wanted to. He has since learned that the OIP and Sunshine Law prohibit discussing EAs and EISs in executive session. It has to be done in public. Ms. Wong said that may be correct in general, though she has not seen the opinion Chair Bennett was referring to. However, the incident the Chair was referring to needed to be handled differently because there was pending litigation against the county regarding the EA/EIS, or lack of one. Chair Bennett said he understands the lawsuit, but the EA stands alone as a public document that the EMC should have discussed, and yet they were told they could not. He would like to see a legal opinion from OIP about that. Vice Chair Olson said Chair Bennett could contact the OIP to request that opinion. (3) Public testimony recommendations. Chair Bennett said he learned that public testimony does not have to be limited to three minutes. The time limit is at the EMC’s discretion. Ms. Wong said she believes it has to be a minimum of three minutes, and the chair has the discretion to allow someone to speak longer. Chair Bennett said he just wanted the commissioners to be comfortable with him making a judgment call if he feels a testifier needs to be given more time. (4) Standing subcommittee’s recommendation. Chair Bennett said that subcommittees are important to take on the work the EMC needs to take on. It cannot be done from one commission meeting to another. He encouraged the commissioners to participate in subcommittees that are of interest to them to further the missions of the EMC. (5) Commissioner recruitment recommendations. Chair Bennett said there are nine seats on the EMC, and they have never all been filled during his time. He encouraged the commissioners to seek people in the appropriate districts who may be willing to serve. Director Kucharski commented that the code section that gives the EMC only 45 days to provide comment on a bill is not conducive to their function, especially since if the EMC does not comment, it is taken as rejection or non-support. They may want to consider requesting the language be changed, because there may not be a quorum every month and there is no meeting in December. It is inappropriate for a bill to have a negative recommendation if the EMC is unable to meet and provide a response. Ms. Wong said a proposal to draft language to change the Hawaiʻi County Code Section 2-207 should be placed on the February agenda. b. Director’s Informational Report. • The Notice to Proceed for the design of the compost facility has gone to HER (Hawaiian Earth Recycling). Because the location of the facility was changed, the county had to bid out the construction according to County Code and procurement requirements. HER will be doing the design since they are going to be the operator. Once the design is done, a contractor will be hired by the county to construct the facility, and then HER will take control and manage it. • Since 2014, the county has towed over 12,600 abandoned vehicles and disposed of them. That is a huge number. • The ban on polystyrene food containers comes into effect on July 1, 2019. The legislation required that DEM put together an education program on alternatives to polystyrene. He will be doing a presentation on this before the County Council’s Agriculture, Water, Energy and Environmental Management Committee on February 4, 2019. He can send the commissioners the layout of the education program and the slide presentation later. Director Kucharski answered several questions from Commissioner Fritz regarding the sort station tonnages in the Director’s Informational Report, as well as a question on how DEM will be handling the waste increase at the West Hawaiʻi land?ill once the Hilo landfill closes. He also answered questions from Commissioner Gaffney about electronics recycling and the Kealakehe WWTP Effluent R-1 Upgrade. 7. FUTURE AGENDA ITEMS No discussion was held on this. 8. ANNOUNCEMENTS Commissioner Neff announced that this was her last meeting, as her term had ended. She also recommended that the scheduled site visit of the Pāpaʽikou Transfer Station not be held today, as the traffic was very bad on the highway. Director Kucharski told her she can come back any time if she wants a site visit there, and he would be happy to arrange it. She said her concern is that it sits on the Kapue Stream. Commissioner Neff performed a Hawaiian chant she said was given to her by Aunty Edith, a beloved kumu. She said she was honored to serve on the commission and feels deep aloha and appreciation. She thanked the commissioners for all the work they are doing and for their concerns about keeping Hawaiʻi safe, clean, and beautiful. 9. ADJOURNMENT At 11:23 a.m., Chair Bennett announced that the meeting was adjourned. Respectfully submitted: ___________________________________ Mary E. Fujio, Secretary