LIHU‘E — The old Kekaha Sugar Mill cleanup appears to be meeting major state and federal environmental requirements thus far, according to the state Department of Health. DOH Deputy Director of Environmental Health Gary Gill wrote a five-page letter responding
LIHU‘E — The old Kekaha Sugar Mill cleanup appears to be meeting major state and federal environmental requirements thus far, according to the state Department of Health.
DOH Deputy Director of Environmental Health Gary Gill wrote a five-page letter responding to multiple complaints about the mill’s cleanup operations. The complaints were brought up by the president of E Ola Mau Na Leo O Kekaha, Mary J. Buza-Sims and the organization’s members, Kekaha residents and self-described community leaders Jose Bulatao Jr., Lola Cruz, Joseph Figaroa, Patrick Pereira, Valerie Santiago, Margaret Simola and Robert Sims.
In a series of letters to various DOH agencies, E Ola Mau Na Leo O Kekaha community organization members expressed concerns about the potential release of hazardous materials to the surrounding neighborhood from contruction-related activities, and asked that a “more careful and publicly accountable assessment of the levels of (toxic) materials be made before any further work is done at the site.”
Gill said staff from DOH Indoor and Radiological Health Branch flew to Kaua‘i and visited the work site on April 5 and found that “no asbestos abatement activities were observed,” only steel cutting for scrap removal.
On that same day, DOH Clean Air Branch staff also visited the site for a fugitive dust investigation and “found no violation.”
Gill said DOH is not aware of any current activities being conducted on site that would warrant state action to stop the salvage work.
He also included responses to residents’ specific concerns.
• Buza-Sims and residents have repeatedly referred to the Kekaha Sugar Mill as a Superfund site, a term of designation given to an environmental program established to address abandoned waste sites deemed extremely hazardous, such as Love Canal. The designation allows the EPA to clean up such sites and to compel responsible parties to perform cleanups or reimburse the government for EPA-led cleanups. “The site is not a Superfund site,” Gill said.
• Letters requested that the community, through a slate of community leaders, be allowed to formally approve any plan for further work on the mill, through a written contract. Gill said “there is no regulatory mechanism to give the community the right to require a written contract between the parties for work on a private property.”
• Residents said work must be ceased at the mill until a full environmental impact statement by “community approved consultants” is completed, with a particular focus on asbestos, lead, dioxin and other contaminants.
Gill said an environmental assessment is not required for scrap removal, but there may be a future requirement depending on use and funding mechanism used. Although arsenic and dioxin occur on other former Kekaha Sugar properties, “data from previous investigations do not show elevated concentrations of dioxin or other contaminants on the mill building site,” he said; however, prior to development of the mill site there are old transformers that will need to be assessed for the presence of the toxic chemical PCB.
The inspectors did not find evidence that the asbestos portion of the mill cleanup operation has begun.
• The Kekaha residents asked DOH to deny any “fast tracking” for permitting or cleanup activities. Gill replied that no such permit requests have been requested.
“However, given existing data showing no known elevated contaminant levels at the former Kekaha Sugar Mill, the site could enter the program to complete the environmental investigation and assess the site for future use of the property,” Gill said. “Fast track speeds investigation and review times for certain sites, but does not result in a any less stringent or careful cleanup decision making by the state.”
• Residents asked to be present during inspections. Gill said, “DOH does not typically engage community members in regulatory visits.” Gill wrote that the DOH “is committed to ensuring that environmental regulations are being complied with, and that any hazardous or harmful materials are being appropriately managed.”
He said further that the department “will provide oversight of regulated entities and activities occurring at Kekaha Sugar Mill.”
All salvage work is being conducted under the oversight of the environmental consulting firms, Advanced Compliance Solutions and Integral Consulting.
Kekaha Mill once processed sugar cane for Kekaha Sugar Company. It is now owned by Kekaha Mill and Sugar, a PAHIO Development company. The property owner granted the firm PacWest authority to salvage scrap steel from the mill site. The salvage work is being conducted by Kaua‘i Industries, with asbestos abatement to be conducted by Nuprecon.
Energy developer PacWest had planned to use the site for a biomass project, but on April 22 the company told community leaders it would seek an alternative location, citing strong community opposition to the site as a key factor.
PacWest CEO William Maloney informed the leadership group that the PacWest board of directors formalized its decision by unanimous agreement. Buza-Sims called it “a victorious moment for the Kekaha community.”
Friday, Maloney said, “We’re currently evaluating several alternatives but haven’t made a final decision. None are going to be adjacent to the Kekaha Mill … Personally, I think the concerns over the asbestos magnified our concerns. I don’t think (biomass) would have posed a health risk. We would rely on the EPA for guidance and would follow their rules, but obviously it’s important to address community concerns.”
He said all of the alternate locations PacWest is considering are in the southwest.
As far as the fate of Kekaha Mill, on Friday Lynn McCrory of Kekaha MS said, “As we just learned that PacWest is not purchasing the Kekaha Mill, we do not have any future plans for the site.”
