Amended landfill bill faces opposition
By Lynda Arakawa
Advertiser Capitol Bureau
Senators were embroiled in a last-ditch lobbying push yesterday over today's vote on a bill some critics say would make it easier for a landfill to be built over an underground drinking water source.
Senate Bill 1532 Senate Draft 1 would allow landfills to be built over an aquifer which supplies residents with drinking water.
Although the bill was amended by a 13-12 vote on the Senate floor Tuesday to say that counties "may" rather than "shall" allow the establishment of such landfills, critics say it is still a bad bill.
"The current state policy is to avoid building over our drinking water sources," said Sen. Les Ihara, D-9th (Kapahulu, Kaimuki, Palolo). "And this bill would in one fell swoop reverse that policy and allow landfills over any aquifer."
Environmental groups and some city, state and federal officials oppose building landfills over aquifers, saying that even with protective liners there is still a risk that contaminants will eventually seep into the water.
The bill is one of a handful lawmakers will vote on today to meet tonight's "crossover" deadline, when House bills move to the Senate and Senate bills move to the House for further review. During marathon sessions Tuesday, about 600 bills were sent from one legislative body to the other.
Gary Gill, former deputy director of environmental health, said there is nothing in state law that prohibits a landfill over a drinking aquifer but that the state Department of Health has a policy against it. The design of any landfill requires approval from the state Department of Health.
Kat Brady, of Life of the Land, said even the amended bill would set "a real dangerous precedent."
"It opens the gate" to landfills over aquifers, she said. "It's sort of like the fence is up there but the gate is open."
While the bill doesn't specify any sites, at the center of the debate is Central O'ahu Recycling and Disposal Facility, Inc., which wants to establish a landfill on 100 acres owned by Campbell Estate in Kunia. Honolulu City Councilmember Mike Gabbard said the bill was introduced to block his resolution barring landfills from being located over underground drinking water sources.
Senate President Robert Bunda, D-22nd (North Shore, Wahiawa), said he didn't know anything about the Central O'ahu Recycling proposal and that he did not introduce the bill to help any developer.
"It's about solving the trash problem," he said. "It's about where you're going to put it because there's no more room at Waimanalo Gulch. Isn't that what it's all about?"
Senate Water, Land and Agriculture Committee Chairwoman Lorraine Inouye, who shepherded the bill out of her committee by a 3-2 vote, said the measure would just give the counties options and would not preclude them from rejecting a landfill proposal.
She said she believes new technology has created more safeguards against water contamination and said the state Department of Health, which opposed the bill, should learn more about landfills and landfill technology.
"The Department of Health should not only be sitting on their desks and approve permits, but they should improve on their education with new technology and new health concerns and risks," said Inouye, D-1st (Hamakua, S. Hilo). "To me, they gotta prove to us that they're correct and they know everything. ... But I don't know, with new technology nowadays, anything is possible. So they gotta convince me otherwise."
Reach Lynda Arakawa at 525-8070 or larakawa@honoluluadvertiser.com.
