Bruce Fehring, the Kilauea man who lost seven friends and family members in the Ka Loko Reservoir breach last March, yesterday told county leaders about the frustration he and property owners have had in working out a county agreement to clear tons of debris and hazardous waste from the Wailapa Stream — months after the tragedy.
But things have worked out for most of the 41 property owners in the end as some either cleaned the debris themselves or have signed rights of entry to allow for a government-sponsored cleanup to begin soon, Fehring said during a Kaua‘i County Council meeting yesterday.
Following the meeting, Fehring said he and his wife want their lives to return to normal and that they have signed an agreement that calls for the cleanup of debris and toxic materials by their property in six weeks and the possibility of extending the work another six weeks if needed.
“My wife is sensitive and is a private person, and she has suffered four-and-half months of staring at debris (on their property and in the Wailapa Stream),” Fehring said. “And she doesn’t want this to drag on.”
Fehring asked the council to confirm his agreement with the county attorney’s office. “We need this to happen in a timely manner,” he said.
It was his understanding 60 percent of the remaining 31 property owners signed a right-of-entry agreement allowing the work to span six months and to be extended another six months if needed.
Fehring made his comments as county engineer Donald Fujimoto announced the removal of toxic waste from Wailapa Stream would begin by the end of this week.
Fujimoto also said work to remove tons of greenwaste in the stream, including piles of broken trees and vegetation, is scheduled to begin in three weeks.
More than $1 million — mostly state funds at this point — has been set aside to cover the cost of removing the greenwaste, Fujimoto said.
And if the Federal Emergency Management Agency kicks in more funds for the cleanup, more of the $1 million could be used to clean portions of Kilauea Stream affected by the March dam breach, Fujimoto said.
Fujimoto said 41 property owners along Wailapa Stream suffered damage by the wall of water, and that 10 have already removed debris from their properties at their own cost, leaving 31 property owners waiting for cleanup to begin.
Fujimoto said 21 of 31 owners have reported hazardous waste on the lower portions of their properties by the stream banks or in the water fronting their properties.
The county also is waiting for another 10 property owners to sign off on right of entry agreements for contractors to go onto their properties to remove green waste, Fujimoto said.
Fehring said he and many other property owners had grave concerns about some conditions the county, assisted by the county attorney’s office, had listed in the draft agreement for the cleanup.
Fehring said talks went “back and forth” over four points that needed resolution.
• “In the first version, they said high winds and heavy rains were the cause of the damage,” Fehring said. “It was our feeling, certainly for the members of the Ko Loko Dam Breach Action Alliance, that that was not accurate, because the damage was done by the dam breach. The property owners also had concerns about another draft agreement condition that states a storm caused the damage.
• The property owners also objected to the use of “easement” in the draft agreements and wanted the term “right of entry” used instead.
“The term ‘right of entry’ implies there is a limited time that the county can cross over our properties,” he said. “Easement implies a permanent right of the county to cross over our properties. We didn’t want that.”
• The property owners also objected to language that only indemnifies the county in the event a worker got hurt during the cleanup.
“There was great concern,” Fehring said. “One, because the owners felt there was very little protection (for property owners) in case something should happen (a contract worker getting hurt on the job).”
The county subsequently changed the language to include the property owners as “additionally insured” entities in an insurance policy carried by contractor or contractors performing the cleanup.
Fehring said any federal funds that could be used after the cleanup of Wailapa Stream should be used to clean up Kilauea Stream.
Fujimoto said that may happen if government can stretch the clean-up dollars.
At this point, the state Civil Defense has put up $1 million for cleanup on the Wailapa Stream and FEMA has earmarked $65,000 for the clean-up of hazardous materials and the cost of clearing debris that could be generated from the heaviest storm in a five-year period and which pose an immediate threat to life and property.
From the $1 million in state funds, Earth Tech, an O‘ahu civil engineering firm specializing in environmental solid waste management, has been awarded a $325,000 contract to direct the cleanup and to hire contractors.
FEMA could pay up to 50 percent of the $325,000, based on the volume of debris that is cleaned up, Fujimoto said.
FEMA’s assistance would help extend the use of the $1 million for other cleanup work associated with the Ko Loko Dam breach, he said.
The Kaua‘i County Council and Mayor Bryan Baptiste also approved about $950,000 to provide relief following the Ko Loko breach and flooding across the island following 42 days of persistent rains on Kaua‘i.
Kaua‘i resident Richard Stauber said finding out exactly how much FEMA chips in for the cleanup of Wailapa Stream is critical, because what is not covered by the state or the federal government will be borne by county taxpayers.
• Lester Chang, staff writer, can be reached at 245-3681 (ext. 225) or lchang@kauaipubco.com.
