Minutes 11/12/2010 Department of Health.
Though the goals of this department are laudable, their requirements and regulations are very difficult for small eco-friendly communities to pass. What type of law should we propose to either gain exemptions for eco-friendly communities or an actual law change for experimental sustainable communities?
Shall we go through all the laws and change them bits at a time?
Or shall we propose a variance law that exempts us from these laws in general.
John:
* As most of you realize there are fundamental problems with prescriptive, enforcement based approaches to regulation. End result is usually “everything not specifically allowed is not allowed.” If it’s not in the code, it’s illegal by default, and the code only describes very (too!) specifically what is allowed, and is unreasonably difficult to change.
One alternative would be describing *processes* to be used to determine if something is OK. Not “material X or method Y is OK,” but “here are processes we will use to determine if material X or method Y is OK.”
Another related/complementary alternative would be describing parameters or guidelines to be used to determine if something is OK, such as “the number of people who can live in a given dwelling depends on X, Y and Z” (where X, Y and Z are parameters/guidelines, not specific numbers or absolute conditions).
Both of these would need to be localized in both creation and application (rather than imported from afar as the building code is, or a legacy of colonial occupation as most of the zoning code is).
Scott: He thinks we will not get laws changed for exemptions, but instead we can get laws passed to make legal specifically what we want to do. Look at what the state is doing on composting toilets in the parks, and use that as an example of what we want to do.
Make sure we have a clearly defined image of what we want to get approved.
Question to ponder: How shall we define exactly what we are doing, and yet leave room for new ideas?
Please try to remember that Hawaii is a tourist driven economy with a tropical environment. In order to sway public opinion we have to offer concrete solutions. Because, like any other tropical ecosystem, Hawaii has public health issues that are all too real, we cannot expect the general public to take our word for it, especially about this issue. Look into the ongoing epidemics in Micronesia and the Caribbean. While I agree that the situation in Kapoho is deplorable the public must be convinced by irrefutable evidence before they’ll buy into alternative options. When waste management systems are introduced that hold up under the scrutiny of the scientific community they will be considered. The Peace Corps made great strides in reducing communicable disease in Micronesia. Their manuals are available.
Yes we all agree with you……SB2274 would allow “research” with a clear obligation to submit a report to County Planning Dept. annually and inspections upon reasonable notice. We want to work with County R&D once the bill gets through to promote sustainable solutions to problems lie Kapoho and to avoid the risk of disease. Thanks for your input
aloha
Graham
regarding DOH regs on waste water – I met with BJ/ Planning Dept last fall. One of her big time issues in Kapoho with regards to waste water is that we should go past aerobic systems, and into composting. I fully support this idea – 1) because composting is contained 2) it is 1/4 to 1/3 the pricing of aerobic systems.
-Cat