THE SENATE

S.R. NO.

102

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 
   


SENATE RESOLUTION

 

URGING IMMEDIATE DEVELOPMENT AND IMPLEMENTATION OF ALTERNATIVE RULES UNDER THE FEDERAL ENVIRONMENTAL PROTECTION aGENCY'S SAFE DRINKING WATER aCT'S LEAD AND COPPER RULE.

WHEREAS, approximately 9.3% of Hawaii's population serviced by public water systems, receive drinking water that is derived completely or partially from surface water sources; and

WHEREAS, the upcountry Maui region is the largest in the State of Hawaii that relies primarily upon surface water; and

WHEREAS, Kauai will execute a major conversion to surface water use in the Lihue area within the coming years; and

WHEREAS, upcountry Maui water, relying mainly on stream sources, some winding through eucalyptus forests, tends to be more acidic with more organic materials and less mineral deposits, resulting in an increased propensity to leach lead from pipes in homes; and

WHEREAS, it is well-established that lead poisoning is a serious problem that can cause permanent health damage, including mental retardation, learning and behavior problems, high blood pressure, damage to the brain, nervous system, kidneys, and red blood cells, as well as coma and death in severe cases; and

WHEREAS, a 1997 study showed that 2.2 percent of young children living in central Maui had elevated levels of lead in their blood, while 6.7 percent of children the same age in the upcountry area had high levels of lead; and

WHEREAS, surface water harvesting in Hawaii is anticipated to substantially increase with development as many aquifers are currently being used at sustainable levels; and

WHEREAS, under the United States Environmental Protection Agency's (USEPA) Lead and Copper Rule, a water utility is required to treat water if the lead action level of 15 parts per billion is exceeded in more than 10 percent of the samples taken; and

WHEREAS, certain areas in the upcountry Maui region have exceeded the lead action level of 15 parts per billion, and in the most recent test last August, the upper Kula system failed with 41 parts per billion of lead; and

WHEREAS, the Maui Department of Water Supply has undertaken the required treatment as prescribed by the Lead and Copper Rule, including, but not limited to, the use of Calgon C-9 zinc orthophosphate and phosphates, or corrosion inhibitors; and

WHEREAS, despite compliance with Lead and Copper Rule treatment alternatives, fluctuating test results have shown the presence of lead exceeds the action level, suggesting that the additives have been consistently or universally ineffective in controlling the leaching of lead; and

WHEREAS, under the Lead and Copper Rule, there is no mechanism for stopping such mandatory treatment of water through the use of additives, even where it has been demonstrated that the additives have not been effective in controlling the problem; and

WHEREAS, the Makawao, Upper and Lower Kula water systems of the upcountry Maui region have not been in consistent compliance despite attempts to control lead levels through the addition of various anti-corrosion additives; and

WHEREAS, after introducing the mandated additives to the water, over 100 customers in the upcountry Maui area have complained of a range of health ailments, including but not limited to skin irritation and respiratory distress; and

WHEREAS, C-9 and the other corrosion control additives are NSF/ANSI Standard 60 certified drinking water treatment chemicals that have been widely used elsewhere without any problems, and it is not known what is specifically causing the ailments being experienced in upcountry Maui; now, therefore

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2004, that the United States Environmental Protection Agency (USEPA) is urged to immediately develop and implement alternative rules under the Lead and Copper Rules; and

BE IT FURTHER RESOLVED that the USEPA is requested to provide an option to identify and remove sources of contaminants when it has been demonstrated that the additives have not been effective in controlling the problem or if it is more practical or cost-effective to do so; and

BE IT FURTHER RESOLVED that the USEPA is requested to alter its methods and standards of sampling schemes to include a higher level of detail and accuracy; and

BE IT FURTHER RESOLVED that the USEPA is requested to allow for a contingency plan should all other routine recommendations for additives fail and allow a process for feedback for empirical data regarding effectiveness of additives; and

BE IT FURTHER RESOLVED that the USEPA is requested to carefully monitor lead action levels, even after the onset of the recommended additive intervention; and

BE IT FURTHER RESOLVED that the USEPA is requested to establish a mechanism to terminate the utilization of additives when the water supply has dropped below the 15 parts per billion action level; and

BE IT FURTHER RESOLVED that the USEPA is requested to manage all water systems on a case by case basis in order to assess the varying environmental conditions at the local level; and

BE IT FURTHER RESOLVED that the USEPA is requested to carefully study their criteria regarding lead contaminating brass in plumbing fixtures, assuring that no lead is leached; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the members of Hawaii's congressional delegation, the Administrator of the United States Environmental Protection Agency, the Director of Health, State of Hawaii, the Director of the Boards of Water Supply for the City and County of Honolulu, and Kauai and Maui Counties, the

Director of the Departments of Water Supply for Hawaii and Maui Counties, and the Director of the Department of Water of Kauai County.

Report Title:

Upcountry Maui; Lead-Water Reduction