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APPEAL of DIRECTIVE by MAUI COUNTY DIRECTOR of ENVIRONMENTAL MANAGEMENT Letter June 5, 2018

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APPEAL of DIRECTIVE by MAUI COUNTY DIRECTOR of ENVIRONMENTAL MANAGEMENT Letter June 5, 2018 APPEAL OF DIRECTIVE BY MAUI COUNTY DIRECTOR OF ENVIRONMENTAL MANAGEMENT Letter June 5, 2018 Background documents in support By Maui Sunset Condominium 2019 TABLE OF CONTENTS BACKGROUND DOCUMENTS 1-42 LETTER OF SEPTEMBER 21, 2105 FROM ENVIRONMENTAL MANAGEMENT 1 LETTER OF MAY 17, 2-16 FROM ENVIRONMENTAL MANAGEMENT 2-3 LETTER OF JUNE 5 FROM ENVIRONMENTAL MANAGEMENT 4-5 PORTIONS OF COUNTY ORDINANCE 20.30 6 EXTRACTS FROM REUSE GUIDELINE DOH 2016 7-8 LETTER FROM DON COUCH ON REQUIREMENT FOR NEW SYSTEM 9 CLEAN WATER ACT 1972________________ _________________ ________10 ARTICLES ON DAMAGE TO WATER BODIES FROM TREATED SEWAGE 11-15 WATER QUALITY DATA AT WAIPUILANI PARK 16 US CONSTITUTION -AMENDMENT 5 17 PAPER ON CASE LAW CONCERNING THE 5TH AMENDMENT 18-39 FEDERAL FAIR HOUSING ACT 1988_______________________________________40-42 ii Verbdom Sections of Maui County Ordinance 20.30 • Chapter 20.30 - USE OF RECLAIMED WATER • Article I. - General Provisions • 20.30.010 - Purpose. The purpose of this legislation is to conserve the limited water resources in the County of Maui, encourage the use of reclaimed water and reduce the reliance on injection wells for the disposal of wastewater effluent. The mandatory use of reclaimed water for irrigation purposes, in areas where the County or a developer or both have constructed reclaimed water facilities, is an effective means of achieving these goals. The council therefore finds in keeping with the County's wastewater effluent reclamation policy that it is in the best interest of the public health, safety, and welfare to require the use of reclaimed water for irrigation purposes, wherever economically feasible, in areas where a reclaimed water distribution system has been installed and can be used in compliance with regulatory requirements and to encourage the use of reclaimed water for construction, irrigation and other suitable purposes, in areas where reclaimed water fill stations are available and can be used in compliance with regulatory requirements. The three Brown and Caldwell studies, Wailuku-Kahului feasibility study dated June 1991, West Maui water reuse feasibility study dated May 1992 and the South Maui water reuse feasibility study dated September 1992, together with the rate and fee alternatives for reclaimed water service, serve as the basis for this legislation and are hereby approved. 20.30.020 - Scope and applicability. A. This chapter requires improved commercial property, as defined in this chapter, to connect to available reclaimed water service for irrigation purposes, including but not limited to golf courses, landscaping and agricultural uses, except for properties used for single-family or duplex purposes. 20.30.040 - Use of reclaimed water. All consumers and users of reclaimed water shall be subject to the applicable rules and guidelines of the State of Hawaii department of health and other regulatory bodies having jurisdiction over reclaimed water. • D. The department reserves the right at all times to shut off service, with reasonable notice where practicable, for the purpose of making repairs, maintenance, extensions, or other modifications, and will not be responsible nor liable for any property loss or damage incurred by the consumer due to interruption of service. • F. If a sufficient amount of reclaimed water is not available to satisfy a consumer's needs, or if the chloride levels of the reclaimed water are too high for the consumer's intended purpose, the consumer may blend water from alternative sources (except for potable water sources) in accordance with rules adopted by the director. • 20.30.050 - Application for reclaimed water service; mandatory service. Where there exists available reclaimed water service to improved commercial property, any existing irrigation system shall be connected to the reclaimed water system within one year of service availability in accordance with the provisions of this chapter and any rules relating thereto. • 20.30.150 - Appeal. A. Any consumer required to use reclaimed water may request, in writing to the director, an exemption from the requirement of this chapter if the use of reclaimed water will place an unreasonable economic burden on the consumer. The consumer shall file an appeal within thirty days of being notified to connect to the reclaimed water system. EXTRACTS FROM REUSE GUIDELINES HAWAII DEPARTMENT OF HEALTH January 2016 Volume II: Recycled Water Projects A. Introduction The Department of Health (DOH) has long been an advocate for the use of recycled water provided that public health and water resources are not compromised. C. Definitions "Adequate Buffer" means a buffer for spray irrigation that can be achieved by a separation distance of 500 feet; a physical barrier such as a wall or cliff; tall and dense vegetation; or irrigating with potable water within the 500 foot buffer zone. H. BMPs – Component Identification Recycled water system components shall be identified to distinguish them from potable water system components. 1. Components to be Identified a. Piping, valves, valve covers, fittings, quick couplers; b. Pump exteriors; c. Back flow devices; d. Manhole covers; e. Fire hydrants; f. Sprinklers; and g. Emitters. I. BMPs – Public Education Recycled water users must educate and inform the public, workers, and any other persons likely to come into contact with the recycled water, of the potential health hazards arising from ingestion of or contact with recycled water. Recycled water should never be used for human consumption. Hands and other areas of the body that come into contact with recycled water should be washed with soap and potable water. 3. Information for Training: Owners/employers shall inform their workers orally and in writing of the following: a. Recycled water is not suitable for drinking because it may contain organisms that cause illness. b. Items such as clothing or tools can transport disease-causing organisms. c. Employees should wash hands with soap and water before eating, drinking, and smoking, and at the end of the employees' work period. d. Employees should not eat or bring food into areas being sprayed with recycled water, areas still wet with recycled water, or areas where recycled water mist is present. In general, employees should avoid being in these areas as much as practicable. e. If an employee's hands have come into contact with recycled water, he should keep fingers and hands away from his eyes, nose, and mouth. f. If an employee has cuts or breaks in his skin, he should cover these areas with waterproof bandages or other protection before working with recycled water. g. If an employee's hands are regularly exposed to recycled water, wearing gloves impermeable to water may be appropriate. h. If an employee will regularly be exposed to areas wet with recycled water, wearing shoes or boots may be appropriate. i. Employees should prevent and minimize over-spray, runoff and ponding of recycled water. If this is not a part of their job, they should notify the recycled water manager if these conditions exist. 5. 2. Operation b. Controls should be adjusted and other measures taken to prevent direct or indirect runoff from the approved use area to outside areas such as streets, right-of-ways, sidewalks, parking lots, storm drains, gutters, and water bodies such as streams, ponds, and oceans. e. If recycled water is malodorous, notify the recycled water purveyor. A. Restricted Areas 1. Restricted areas are as follows: c. Areas within 1,000 feet of wetlands, ponds or enclosed bays that fall within a designated reserve or protected conservation district. INFORMATION ADDED NOT IN DOH GUIDELINES (Waipuilani Park is approximately 350 feet in width east to west and borders the ocean.) [Hawaiian Islands Humpback Whale National Marine Sanctuary The sanctuary encompasses 1,400 square miles (3,600 km2) in the islands' waters. It was designated by United States Congress on November 4, 1992, as a National Marine Sanctuary to protect the endangered North Pacific humpback whale and its habitat. With its boundaries including waters from the shoreline to depths of 600 feet (180 m) in many areas, the sanctuary encompasses a variety of marine ecosystems, including seagrass beds and coral reefs. Much of the sanctuary has fringing coral reefs close to shore and deeper coral reefs offshore. Hawaii's coral reefs are noted for their isolation. Over 25% of all Hawaii's reef animals are endemic, found nowhere else on Earth].[4] 6. Aloha Mr. and Mrs. Sampson, Thank you for your email. Unfortunately, you have been given some misinformation. Let me give you the facts. The majority of the condominium associations that front the Waipuilani park requested that the county put the R-1 lines in because they were spending too much money maintaining a county park. While the county appreciates the extra effort put in by the associations in helping maintain the county park, we are required by law to use the R-1 water as irrigation. This law (Maui County Code 20.30) was passed in 1996 and the county is not immune to the law. The State of Hawaii Department of Health has certain guidelines as to what is allowed to transmit R-1 water for irrigation purposes. The county would be happy to keep existing lines but must comply with the state regulations, as well. We will take every precaution to mitigate any damage to the existing grass areas, but please be aware that there will be trenching involved. This project is scheduled to be completed in 6 weeks at which time everything can resume as was before except that the county will now deliver the water. Also note that this R-1 water, which is treated to near drinkable state is a valuable resource and has been used in many of our other parks. It is far better to re-use the water than inject it into injection wells.
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