Thursday, February 19, 2015

Musings: Private Nuisance

State Department of Health officials told the Kauai County Council yesterday that the agency doesn't regulate fireplaces because it receives so few complaints about the smoke they generate.

The numbers tell the story: In 2012 — considered a “spike year” because it was so high— there were 98 smoke complaints on Kauai. Three were for open burning, eight were for agriculture, seven were for cooking, seven were for water heaters and 73 were for fireplaces — 72 of them on Molo Street.

And last year, DOH-Kauai got just 19 smoke complaints. Two were for fireplaces — both on Molo Street — four were for cooking fires and 13 were for open burning, both permitted and non-permitted. The rest of its air quality complaints were for odors, mist and dust.

In fact, the only places on the mainland that regulate fireplaces are those that aren't meeting federal clean air standards, and Hawaii air standards are “well below federal health-based standards,” said Nolan Hirai, director of the state Clean Air Branch. “It's not a widespread issue. We rarely receive complaints.”

So why, pray tell, is the Council still wasting time on Councilman Gary Hooser's Bill 2573, which is clearly not needed, and intended to address the concerns of a few people on one street?  Yes, that stupid bill is still alive, kicked down the road to the next committee meeting.

Because there's nothing more important for the Council to do, right?

In previous Council sessions, both Gary and Chair Mel Rapozo bashed the state for not doing its job. But as Hirai noted, there's nothing to enforce because fireplaces are exempt from DOH rules. And yes, he said, DOH could amend its rules to ban fireplaces — and BBQs and a number of other things — “but I'm not sure we've concluded that's the position where the state should go.”

The state, with its trained personnel, banned backyard burning because it was so hard to regulate, Hirai said. Yet some Councilmembers seem to think that KPD will be able to regulate fireplaces — and determine that the smoke is harming someone's health.

Gary, continuing his mad backpedal, watered down the bill to address only smoke, soot and poisonous gases coming from a flue, chimney or smokestack originating within a residence, in neighborhoods zoned R-4 (quarter-acre lots or smaller). It specifically excludes cooking fires and incense, and changes it from a petty misdemeanor to a violation punishable by a wrist slap $200 fine.

Councilwoman JoAnn Yukimura introduced an amendment saying fireplaces cannot be operated unless they're certified by the EPA or burn pellets. She based it on an area in Sedona, Ariz., that doesn't meet federal clean air standards.

But Councilman KipuKai Kualii said he thought the law, even amended, could be used by others to prevent wood fires used for cooking.

Prosecutor Justin Kollar again spoke of the difficulties his deputies would face in trying to prove that a person's alleged health problems were caused by the smoke from a specific fireplace, especially if they have an underlying illness. 

“That is a daunting prospect,” he said. It can be done, but there's cost and time involved “for a very limited arena of cases.” And though the law was modeled after a Maui ordinance, his cohorts there said they'd never been called upon to prosecute anyone under it.

“If this was my neighbor, I probably would've sued them fire years ago,” Justin said. “If I really want the situation to stop, I'm gonna go to court, I'm gonna file for a restraining order, I'm going to file for an injunction against harassment, I'm going to file a tort claim that says hey, you're damaging my property, you're damaging my health.”

So there is a already a process in place to resolve this “private nuisance” — a civil remedy that would likely be far more satisfying and meaningful than a new county law. But for some inexplicable reason, the affected citizens aren't going there, and Gary and JoAnn Yukimura just can't let go of their desire to pass some sort of new law.

Meanwhile, the anti-dairy contingent will have a chance to beat on the Hawaii Dairy Farm folks at an open meeting tonight. To prime the pump, the Friends of Mahaulepu/Enemies of Agriculture continue their drumbeat of fear and suspicion in a guest editorial today. 

The group repeatedly refers to the dairy as “industrial,” by which is meant what, exactly? That they plan to use automated milking machines? Computer chips that continually monitor the animals' health? Automated sprinklers to spread the liquid effluent? 

They also gripe about HDF calling its dairy “grass-raised,” when they plan to — gasp — give the cows grain while they're being milked. 

After bitching that HDF changed its plans in response to concerns raised by citizens and DOH — mmm, isn't that the purpose of a project review? — Bridget Hammerquist and Steve Lauryn write:

Kauai has a cherished history of small, sustainable businesses. It should be no different with agriculture. Sustainable, environmentally sound, akamai — these are the hallmarks to which we aspire, whether it be in energy, tourism, development or ag.

Really?  What could be less sustainable and environmentally sound than a steady influx of tourists and mainland transplants who do nothing but consume imported food, fuel and goods, and produce trash that is buried at Kekaha?

I've got an idea. Give these “Friends” exactly what they want. Ditch the dairy, forget that dirty agriculture on ag land and build a “small, sustainable business” — say, another hotel like the 600-room Grand Hyatt that's already out there — at Mahaulepu instead.

23 comments:

Anonymous said...

Your idea is really what bridget and friends want, right?maybe she was even hired to cause trouble. She is a retired attorney,was she hired to create this bullshit so the dairy does not happen and instead a resort does?

Anonymous said...

Total waste of time.

Manuahi said...

And we wonder why the cost of government continues to sore. It's because of unnecessary laws that people like Yukimura and Hooser continue to dump on us that have real costs associated with them. With each new law, even if it doesn't create a new department to carry it out, existing departments must add new staff along with their cushy benefits to administer the new regulations further driving up the cost of government and, consequently, our taxes. Why isn't this apparent to our elected officials? It seems that all they can do is make Kauai's cost of living even more expensive. God, people like Yukimura have even fostered bills like her "Big Box" bill that served to prevent the reduction of food and merchandise costs by adding additional price competition. This is the problem when we elect lawyers to office. They have no clue about economics and finance. They live to dump more and more regulations and laws on top of us. And they call themselves "liberals"? That's total crap! They are unqualified demagogs seeking to eat way at our liberties and to increase the already extremely high cost of living on Kauai. They serve to make Kauai an island of the wealthy vs. making Kauai more livable for those of us who must struggle to remain in our island homes. How many of our children have been forced to leave their home by this sort of ill-conceived authoritarianism. This is the opposite of liberalism. It is more akin fascism. Think about it!

Anonymous said...

Of all the land that Grove Farm has, especially mauka why there? Could it be water? Dairy gets access to water, when pilot project ends, Grove Farm retains water permit and BOOM.... a hotel rises from the ashes (manure) of the former dairy. GF anticipated opposition and knows project is doomed to fail. What better way to open the door for a long sought after resort development at Mahā‘ulepu?

Anonymous said...

This is how bureaucrats work. They pretend to protect the poor and weak with legislation to make their power grab palatable to the uninformed when in reality they are creating more government which equals more tax which means no middle class. All that is left are the very rich, mostly bureaucrats, and us. Time to end this - get informed and reduce and limit government!

Joan Conrow said...

Dear 10:30 #1 -- Grove Farm already has control of the water there, through Waita reservoir. It's one reason why that area was designated Important Ag Land.

Anonymous said...

I'd rather see other 'important' ag there; cows in the sun? Hmmmm

Dawson said...


10:30AM wrote:
This is how bureaucrats work. They pretend to protect the poor and weak with legislation to make their power grab palatable to the uninformed when in reality they are creating more government which equals more tax which means no middle class. All that is left are the very rich, mostly bureaucrats, and us. Time to end this - get informed and reduce and limit government!

True enough about bureaucrats. But bad as taxes are, they aren't what's mass murdering the middle class -- it's lack of economic opportunity. And that's especially the case on Kauai, which has sold its soul to the devil of tourism.

Anonymous said...

The controversies tearing our island apart are staged to obscure real agendas. Hired stooges muddle the subject with fear, half truths and a dash of local v haole, to keep focus off the real discussion. Think about where the Pig or Cow over a Haole tee shirt came from. Don't see them for sale at Crazy Shirts.

Anonymous said...

If that area is designated IAL how can it be used for resort development?

Joan Conrow said...

It can't, unless it is reclassified by a two-thirds vote of the House and Senate, each voting separately. But Grove Farm has a lot of other land at Mahaulepu that isn't in the IAL, which could be developed as a resort.

Anonymous said...

@ 1:31 -- What is the "real discussion?"

Anonymous said...

Knew Yukimura was pushing the home fire place ban. Just her style A ban for no reason other than an obscure obsession she has. The failure of any public support whatsoever revealed her hand.
The council was already told last year by M. Trask that it was illegal. Now Hooser and Yukimura are worried that the a State will exempt Kokee anyway. Hence Hoosers pretense that it only affects a few homes, when it affects ninety percent of the homes on the island.

Anonymous said...

People forget that our whole island is becoming infested with wild pigs. Raising of cattle and sheep are popular due to the demand of grass-fed. Yes, they are scattered and not confined to any one area. However, ONE dairy becomes a problem, when we used to have at least two? Further, this pasture rotational concept is a different type of dairy. If the dairy succeeds, Kauai can "brand" dairy products and enhance our island's sustainability. Our Kauai Coffee is already making it's way to a great coffee that people are loving; and it's grown and processed on island and genuinely called 100% Kauai Coffee. One last comment, the stench from sewers is much more obnoxious, their pollution is more toxic, and those facilities are going to grow in numbers.

Anonymous said...

gimme cows over tourists anyday

Anonymous said...

Dawson - More taxes = less economic opportunity.

Dawson said...


7:51 AM wrote:
Dawson - More taxes = less economic opportunity.

That's certainly part of it, but not the big part. People who cling to the simplistic belief that bloated government is to blame for our middle class woes aren't looking at the complex, multinational reality behind the rise of economic inequality.

It's worse than you think -- perhaps worse than any of us think. Read Piketty's Capital in the Twenty-First Century and Stiglitz' The Price of Inequality: How Today's Divided Society Endangers Our Future. You'll be blown away by the parallels to Kauai's economy.

Anonymous said...

Dawson- Economic inequality in a capitalistict society,as our is, is a result of some working harder than others. You want more then work harder. You want a better education to get ahead then study more. Sounds simplistic but it is.

Dawson said...


10:59 AM wrote:
Economic inequality in a capitalistict society,as our is, is a result of some working harder than others. You want more then work harder. You want a better education to get ahead then study more. Sounds simplistic but it is.

Umm... on second thought, you needn't bother with Piketty or Stiglitz.

Anonymous said...

10:59 Well stated. Do not let Duhson grind you down

Anonymous said...

2:03

Looks like to stooges confused you too.

Anonymous said...

Thanx for the comment 12:01! People in power love to quote how complex things are so us common folk will simply back down and let them make decisions for us because we are to low class to think for ourselves.

Anonymous said...

Gimme cows over tourists anyday, says 6:22. But, but, but, the County just spent big money on a plan to make the south shore more attractive for tourists; backing up what a commissioner was reported to have said - Poipu is going to be the Waikiki of Kauai. God help us. I choose a cow, too.