County moves to settle on landfills

WAILUKU - Maui County is in the process of reaching settlements with the U.S. Environmental Protection Agency and the state Department of Health over alleged violations at the county's landfills from more than three years ago.

All the alleged violations have already been remedied, said David Galazin, deputy corporation counsel. The county is now in discussions over settlements that could include fines or special environmental projects, he said.

"These are pretty old, and the Department of Environmental Management has had corrective measures in place, so it's a question of assessing the alleged violations," Galazin said.

In one of the cases, the EPA in 2007 filed a "finding and notice of violation" against the county over alleged violations of the Clean Air Act at the Central Maui Landfill.

Federal law requires that gas control systems be installed to collect emissions once a landfill reaches a certain capacity, Galazin said.

The Central Maui Landfill reached that capacity in 2004, and the system had to be installed within two years. However, the county didn't complete installation until 2008, according to a Maui County Council committee report.

"We do have our collection system in place now," Galazin said. "The question is about the timing of it."

The county is now in discussions with the EPA over settlement, he said.

In the other case, the state Department of Health issued a "notice of violation" to the county in 2007 for the Molokai, Lanai and Hana landfills.

The violation alleged that in 2006, the county allowed polluted storm water to run out of the Molokai and Lanai facilities. It also alleged that the county did not adequately contain motor oil and maintain storm water detention basins and run-on water diversion swales at the Hana landfill, and also improperly engaged in scrap vehicle processing there.

The state set penalties of $32,000 for the Molokai violation, $17,600 for Lanai, and $12,700 for Hana.

In lieu of paying the fines, the county has reached a tentative agreement with the state to settle by building a "supplemental environmental project" at the Molokai landfill.

That means the county can spend the same amount of money it would pay in fines on a project that would contribute an environmental benefit to people in the area, is related to the original violation in some way and is something the county wasn't already planning or required to do, Galazin said.

For its project, the county has proposed building a concrete pad, overhead structure and fencing at the Molokai Landfill to better deal with scrap vehicles and potential liquid contaminants, Galazin said.

"It'll help capture and contain that, and prevent it from entering the groundwater," he said.

The Maui County Council on Friday gave approval for the mayor to enter the settlement agreement. The Department of Health is expected to finalize the settlement after a public comment period.

* Ilima Loomis can be reached at iloomis@mauinews.com.