As it stands right now, we have 308 plus residents officially/openly in opposition to the current location of the planned waste processing facility near Ainakea homes.
Our good neighbor Aurelio Asencion collected 176 signatures.
At the Takata store bulletin board we collected 40 signatures; more are still on the board.
On-line we have 84 registered residents.
It all adds up to 308 plus residents registered in opposition.
Please pass on this good news to your neighbors, who are without a computer.
We expect that others, who have printed the petition forms from our web-site, will soon report their results in the new year. Let there be no doubt, our communities (Kapaau and Hawi, etc.) are strong, and we will work together for this common cause to save our quality of life, and the health of our residents of every gender and age.
Thank you all for your 'Social Concern', and your willingness to stand up and be counted. I wish all of you a Happy New Year.
Monday, December 27, 2010
Friday, December 24, 2010
County Pays For Expert Advice And Then, Apparently, WasteStream Ignores It
One of our registered residents made me aware of the Zero Waste Implementation Study, discussed below.
The County hired and paid consultants to evaluate Zero Waste Implementation, and then WasteStream paid no attention to the fact that these consultants concluded, that 6 sites, our current Hawi transfer station included, "have sufficient land to add more reuse, recycling, special discards handling and composting collection, processing and educational facilities and programs.” See below for relevant excerpts from report.
WasteStream claim the opposite, in their opinion our transfer station cannot be expanded. It is hard to understand, how they could reach such a conclusion, in light of the expert study paid for with our tax dollars.
Recycle Hawai‘i • Richard Anthony Associates
March 14, 2009
"Zero Waste Implementation Plan for the County of Hawai‘i • Recycle Hawai‘i • Richard Anthony Associates"
"Prepared under contract for:
County of Hawai‘i
Department of Environmental Management
25 Aupuni Street, Hilo, Hawai‘i 96720"
"Researchers:
Paul J. Buklarewicz, Executive Director
Linda Damas, Special Projects
Recycle Hawai‘i
PO Box 4847
Hilo, Hawai‘i 96720
(808) 969-2012
Richard Anthony Associates
Richard Anthony, Principal
3891 Kendall Street
San Diego, California 92109
(858) 272-2905
Rich Flammer, Hidden Resources
Neil Seldman, PhD, Institute for Local Self- Reliance
Gary Liss, Gary Liss & Associates"
The following is quoted from the study: (For full text click on link above)
“The forward-thinking management of discards generated from products produced on the island or imported from the mainland or other countries outlined in this report represent job creation and economic stimulation that would not be achieved through land filling or incineration. Zero Waste involves mindfulness of the triple bottom line: Profit, people and the environment. A Zero Waste system encompasses economic growth and sustainability, a strengthening of community and social endowment, and enhancement of both local and global environmental quality. All are considered and included in the recommendations that follow.” Emphasis added.
“Six sites (Kea‘au, Kalapana, Hilo, Kaauhuhu (Hawi), Ke’ei-Kailua and Waiohinu) have over ten acres and are located throughout the island. These larger sites have sufficient land to add more reuse, recycling, special discards handling and composting collection, processing and educational
facilities and programs.” Emphasis added.
Frankly speaking, the above conclusion by these consultants makes a lot of sense, and matches the opinion expressed by many residents, myself included.
The County hired and paid consultants to evaluate Zero Waste Implementation, and then WasteStream paid no attention to the fact that these consultants concluded, that 6 sites, our current Hawi transfer station included, "have sufficient land to add more reuse, recycling, special discards handling and composting collection, processing and educational facilities and programs.” See below for relevant excerpts from report.
WasteStream claim the opposite, in their opinion our transfer station cannot be expanded. It is hard to understand, how they could reach such a conclusion, in light of the expert study paid for with our tax dollars.
Recycle Hawai‘i • Richard Anthony Associates
March 14, 2009
"Zero Waste Implementation Plan for the County of Hawai‘i • Recycle Hawai‘i • Richard Anthony Associates"
"Prepared under contract for:
County of Hawai‘i
Department of Environmental Management
25 Aupuni Street, Hilo, Hawai‘i 96720"
"Researchers:
Paul J. Buklarewicz, Executive Director
Linda Damas, Special Projects
Recycle Hawai‘i
PO Box 4847
Hilo, Hawai‘i 96720
(808) 969-2012
Richard Anthony Associates
Richard Anthony, Principal
3891 Kendall Street
San Diego, California 92109
(858) 272-2905
Rich Flammer, Hidden Resources
Neil Seldman, PhD, Institute for Local Self- Reliance
Gary Liss, Gary Liss & Associates"
The following is quoted from the study: (For full text click on link above)
“The forward-thinking management of discards generated from products produced on the island or imported from the mainland or other countries outlined in this report represent job creation and economic stimulation that would not be achieved through land filling or incineration. Zero Waste involves mindfulness of the triple bottom line: Profit, people and the environment. A Zero Waste system encompasses economic growth and sustainability, a strengthening of community and social endowment, and enhancement of both local and global environmental quality. All are considered and included in the recommendations that follow.” Emphasis added.
“Six sites (Kea‘au, Kalapana, Hilo, Kaauhuhu (Hawi), Ke’ei-Kailua and Waiohinu) have over ten acres and are located throughout the island. These larger sites have sufficient land to add more reuse, recycling, special discards handling and composting collection, processing and educational
facilities and programs.” Emphasis added.
Frankly speaking, the above conclusion by these consultants makes a lot of sense, and matches the opinion expressed by many residents, myself included.
Tuesday, December 21, 2010
Let Us Employ The 1994 Presidential Order No. 12898
It is time to involve the EPA, and have them follow Presidential Order No. 12898
Excerpts from http://www.epa.gov/region9/annualreport/08/EPA_Reg9_PR_2008.pdf
“In 1994, the President’s Executive Order 12898
required EPA to address environmental justice
in low-income and minority communities. Under
this mandate, EPA has worked toward a
fundamental goal—that all communities and
people enjoy the same degree of protection
from environmental and health hazards, and
equal access to the decision-making process
that secures a healthy environment in which to
live and work.
EPA’s Pacific Southwest Regional Office has
not only focused a great deal of work in specific
low-income minority communities, but also has
considered environmental justice as a guiding
principle in all agency actions.
EPA is committed to working on the biggest environmental
challenges facing the most vulnerable communities
bearing disproportionate impacts from
pollution and toxins.
Environmental justice is the fair treatment
and meaningful involvement of all
people regardless of race, color, national
origin, or income with respect to the development,
implementation and enforcement
of environmental laws, regulations
and policies.
Children are our future, and protecting them
from toxins in the environment is a high priority.
Children are more vulnerable to toxins than
adults—their bodies are small and still developing,
and exposure to toxins in this critical period
can permanently alter the way the child’s
biological system operates. They’re also more
likely to play on lawns and floors, where pesticides
and toxins can get on their hands, and
then into their mouths.” (Changed all words “toxics” in the original text, to the correct word “toxins”)
Please write or email to the following addresses, and refer them to our web-site http://against.homestead.com. Urge them to become involved for the good of our low-income minority communities, such as Kapaau and Hawi. See sample email text below.
_____________________________________________
Jared Blumenfeld, Regional Administrator
EPA Pacific Southwest Region
Email: blumenfeld.jared@epa.gov
Phone: (415) 947-8702
______________________________________________
Waste Management Division
(415) 947-8708
Director: Jeff Scott
email: scott.jeff@epa.gov
Deputy Director: Steven Barhite
Associate Directors: Tom Huetteman, Arlene Kabei, Rich Vaille
_____________________________________________________
USEPA REGION 9
75 Hawthorne Street
Mail Code: WST-7
San Francisco, CA 94105
Attention: Ms. Eileen Sheehan
sheehan.eileen@epa.gov
Tel. 415-972-3287
_____________________________________________
USEPA Region 9 - Pacific Islands Contact Office
P.O. Box 50003
300 Ala Moana Boulevard Room 5124
Mail Code: OPA-3
Honolulu, HI 96850
Mr. Dean Higuchi
Tel. 808-541-2711
higuchi.dean@epa.gov
www.epa.gov/region9
Sample email text: Subject: Planned waste facility near Ainakea homes
Dear Sir/Madam,
We the residents of Ainakea Village in Kapaau, Hawaii, 96755, and adjacent areas (low-income and minority communities), are in serious danger of having our quality of life and health adversely affected, by a group called WasteStream and the County of Hawaii, who propose to build a waste treatment facility within 700 yards or less from homes. Please read their mailing to residents at: http://against.homestead.com/files/WasteStreamPropagandaNo2.PDF
November 10, 2010 WasteStream held a public meeting, which was attended by over 125 residents, who voted, by a show of hands, 100% against this planned waste facility near Ainakea homes.
Also, please visit the web-site of 'Against' (Action Group Against Inappropriate New Station Threat) to learn the concerns of our communities, at: http://against.homestead.com
Presidential Order No. 12898 requires the EPA to address environmental justice in low-income and minority communities. Your intervention is urgently needed, and will be greatly appreciated.
Thank you
Excerpts from http://www.epa.gov/region9/annualreport/08/EPA_Reg9_PR_2008.pdf
“In 1994, the President’s Executive Order 12898
required EPA to address environmental justice
in low-income and minority communities. Under
this mandate, EPA has worked toward a
fundamental goal—that all communities and
people enjoy the same degree of protection
from environmental and health hazards, and
equal access to the decision-making process
that secures a healthy environment in which to
live and work.
EPA’s Pacific Southwest Regional Office has
not only focused a great deal of work in specific
low-income minority communities, but also has
considered environmental justice as a guiding
principle in all agency actions.
EPA is committed to working on the biggest environmental
challenges facing the most vulnerable communities
bearing disproportionate impacts from
pollution and toxins.
Environmental justice is the fair treatment
and meaningful involvement of all
people regardless of race, color, national
origin, or income with respect to the development,
implementation and enforcement
of environmental laws, regulations
and policies.
Children are our future, and protecting them
from toxins in the environment is a high priority.
Children are more vulnerable to toxins than
adults—their bodies are small and still developing,
and exposure to toxins in this critical period
can permanently alter the way the child’s
biological system operates. They’re also more
likely to play on lawns and floors, where pesticides
and toxins can get on their hands, and
then into their mouths.” (Changed all words “toxics” in the original text, to the correct word “toxins”)
Please write or email to the following addresses, and refer them to our web-site http://against.homestead.com. Urge them to become involved for the good of our low-income minority communities, such as Kapaau and Hawi. See sample email text below.
_____________________________________________
Jared Blumenfeld, Regional Administrator
EPA Pacific Southwest Region
Email: blumenfeld.jared@epa.gov
Phone: (415) 947-8702
______________________________________________
Waste Management Division
(415) 947-8708
Director: Jeff Scott
email: scott.jeff@epa.gov
Deputy Director: Steven Barhite
Associate Directors: Tom Huetteman, Arlene Kabei, Rich Vaille
_____________________________________________________
USEPA REGION 9
75 Hawthorne Street
Mail Code: WST-7
San Francisco, CA 94105
Attention: Ms. Eileen Sheehan
sheehan.eileen@epa.gov
Tel. 415-972-3287
_____________________________________________
USEPA Region 9 - Pacific Islands Contact Office
P.O. Box 50003
300 Ala Moana Boulevard Room 5124
Mail Code: OPA-3
Honolulu, HI 96850
Mr. Dean Higuchi
Tel. 808-541-2711
higuchi.dean@epa.gov
www.epa.gov/region9
Sample email text: Subject: Planned waste facility near Ainakea homes
Dear Sir/Madam,
We the residents of Ainakea Village in Kapaau, Hawaii, 96755, and adjacent areas (low-income and minority communities), are in serious danger of having our quality of life and health adversely affected, by a group called WasteStream and the County of Hawaii, who propose to build a waste treatment facility within 700 yards or less from homes. Please read their mailing to residents at: http://against.homestead.com/files/WasteStreamPropagandaNo2.PDF
November 10, 2010 WasteStream held a public meeting, which was attended by over 125 residents, who voted, by a show of hands, 100% against this planned waste facility near Ainakea homes.
Also, please visit the web-site of 'Against' (Action Group Against Inappropriate New Station Threat) to learn the concerns of our communities, at: http://against.homestead.com
Presidential Order No. 12898 requires the EPA to address environmental justice in low-income and minority communities. Your intervention is urgently needed, and will be greatly appreciated.
Thank you
Monday, December 20, 2010
The Trouble with Inequality in Bargaining Position, etc.
There are a few people, who asked, why is ‘Against’ still active in opposition? They actually believe the problem is solved. Although Peter Klika, a resident of Ainakea, offered to help WasteStream to find another location, away from homes, there is no guaranty that such a location is actually desired by the interest group, given the lack of will thus far shown by all connected with the prior process.
Under the current conditions, as is explained in more detail below, ‘Against’ is indeed justified not to sit back, and hope for better things to come. Many residents, who have signed the petition opposing the current site selection, are very suspicious of this new search effort, because WasteStream and the County have not demonstrated good faith and fair dealing, by not removing permanently the current site, regardless of the outcome of a new search. This must be a precondition for most of us to believe this new search, is on the level.
1. What is an Agreement to cooperate?
“… promises without legal obligation.” Barron’s Law Dictionary
2. What is inequality of bargaining power?
“Inequality of bargaining power is a concept used in social sciences and humanities, particularly law and economics to denote the situation where freedom of contract ceases to be real and markets fail.
The concept denotes the situation where one party to a "bargain", or some kind of contract or agreement, has more and better alternatives than the other party. This results in one party having greater "power" than the other to choose not to take the deal and makes it more likely that this party will gain more favourable terms.
Where bargaining power is persistently unequal, the concept of inequality of bargaining power serves as a justification for the implication of mandatory terms into contracts by law, or the non-enforcement of a contract by the courts.” Emphasis added. Wikipedia, the free encyclopedia.
3. What is implied covenant of good faith and fair dealing?
“implied covenant of good faith and fair dealing n. a general assumption of the law of contracts, that people will act in good faith and deal fairly without breaking their word, using shifty means to avoid obligations, or denying what the other party obviously understood. A lawsuit (or one of the causes of action in a lawsuit) based on the breach of this covenant is often brought when the other party has been claiming technical excuses for breaching the contract or using the specific words of the contract to refuse to perform when the surrounding circumstances or apparent understanding of the parties were to the contrary. “Emphasis added. http://legal-dictionary.thefreedictionary.com
A. First of all, the public agreement of November 10, 2010 between Bob Martin and Peter Klika, by handshake, is a promise without legal obligation, per 1., above.
B. In addition, we have a case of inequality of bargaining power, because WasteStream and/or the County has more and better alternatives than the other party, the Ainakea residents, per 2., above. WasteStream and the County can always go back to the current site selection, since it was never permanently scrapped. On the other hand, residents of Ainakea have no fallback position.
C. WasteStream and the County are not acting in good faith, and are dealing unfair with the residents of Ainakea, because they have not permanently scrapped the current selected site, regardless of the outcome of a new search.
The fact that WasteStream and the County have their fallback position, the current site selection, they have less incentive to be very serious about this new search effort, and the slightest obstacle could be reason enough for them to revisit the current site, claiming it to be the only site ultimately suitable.
Considering all of the above, it should be no surprise to anyone, that ‘Against’ cannot and will not pause their activism against this very troublesome site selection, because it will affect not only the quality of life in our area, as we know it, but will also adversely impact our health.
Under the current conditions, as is explained in more detail below, ‘Against’ is indeed justified not to sit back, and hope for better things to come. Many residents, who have signed the petition opposing the current site selection, are very suspicious of this new search effort, because WasteStream and the County have not demonstrated good faith and fair dealing, by not removing permanently the current site, regardless of the outcome of a new search. This must be a precondition for most of us to believe this new search, is on the level.
1. What is an Agreement to cooperate?
“… promises without legal obligation.” Barron’s Law Dictionary
2. What is inequality of bargaining power?
“Inequality of bargaining power is a concept used in social sciences and humanities, particularly law and economics to denote the situation where freedom of contract ceases to be real and markets fail.
The concept denotes the situation where one party to a "bargain", or some kind of contract or agreement, has more and better alternatives than the other party. This results in one party having greater "power" than the other to choose not to take the deal and makes it more likely that this party will gain more favourable terms.
Where bargaining power is persistently unequal, the concept of inequality of bargaining power serves as a justification for the implication of mandatory terms into contracts by law, or the non-enforcement of a contract by the courts.” Emphasis added. Wikipedia, the free encyclopedia.
3. What is implied covenant of good faith and fair dealing?
“implied covenant of good faith and fair dealing n. a general assumption of the law of contracts, that people will act in good faith and deal fairly without breaking their word, using shifty means to avoid obligations, or denying what the other party obviously understood. A lawsuit (or one of the causes of action in a lawsuit) based on the breach of this covenant is often brought when the other party has been claiming technical excuses for breaching the contract or using the specific words of the contract to refuse to perform when the surrounding circumstances or apparent understanding of the parties were to the contrary. “Emphasis added. http://legal-dictionary.thefreedictionary.com
A. First of all, the public agreement of November 10, 2010 between Bob Martin and Peter Klika, by handshake, is a promise without legal obligation, per 1., above.
B. In addition, we have a case of inequality of bargaining power, because WasteStream and/or the County has more and better alternatives than the other party, the Ainakea residents, per 2., above. WasteStream and the County can always go back to the current site selection, since it was never permanently scrapped. On the other hand, residents of Ainakea have no fallback position.
C. WasteStream and the County are not acting in good faith, and are dealing unfair with the residents of Ainakea, because they have not permanently scrapped the current selected site, regardless of the outcome of a new search.
The fact that WasteStream and the County have their fallback position, the current site selection, they have less incentive to be very serious about this new search effort, and the slightest obstacle could be reason enough for them to revisit the current site, claiming it to be the only site ultimately suitable.
Considering all of the above, it should be no surprise to anyone, that ‘Against’ cannot and will not pause their activism against this very troublesome site selection, because it will affect not only the quality of life in our area, as we know it, but will also adversely impact our health.
Monday, December 6, 2010
Over 200 Residents Signed The Petition In Opposition So Far
When it comes to walking a petition from door to door none is better than our neighbor Aurelio Asencion. Aurelio came to see me last evening to get more petition forms as he was on his last page, and he is not done yet.
What a guy! He collected, so far, 123 signatures, and when added to the 86 on-line registrations, we have 209 residents in opposition to the current waste station location. And we are still counting.
We need more like Aurelio, who are committed to our community. So please let us be energized by his example and have petition drives everywhere outside of Ainakea. We need numbers, and I mean big numbers to convince the intended spoilers of our quality of life, that they are on the wrong path.
Peter Klika, Esq. is meeting soon with WasteStream, and the more activity we have on our petition drive, they more cooperation he will receive from them and the County, in his effort to help them find a better location for their pet project, away from homes.
You can view the signed pages by clicking on this link.
What a guy! He collected, so far, 123 signatures, and when added to the 86 on-line registrations, we have 209 residents in opposition to the current waste station location. And we are still counting.
We need more like Aurelio, who are committed to our community. So please let us be energized by his example and have petition drives everywhere outside of Ainakea. We need numbers, and I mean big numbers to convince the intended spoilers of our quality of life, that they are on the wrong path.
Peter Klika, Esq. is meeting soon with WasteStream, and the more activity we have on our petition drive, they more cooperation he will receive from them and the County, in his effort to help them find a better location for their pet project, away from homes.
You can view the signed pages by clicking on this link.
Thursday, December 2, 2010
Blog Has Foreign Visitors - And Call For Action
Guess what? Our blog is read not only by Hawaii based individuals, but also by foreign visitors, as follows:
Social concerns are universal, as are the problems associated with big money trying to either steal common property, or as a minimum pollute it for profit. We are experiencing, all over the world, people organizing to take back common resources, such as land, water from rivers and wells, forests, etc., etc.
Our struggle is not unique, similar played out in Vancouver, British Columbia, Canada, where despite major public outcry against waste incineration (Gasification), the politicians went ahead with this harmful project anyway.
Some of us like to think that our fight is over; I say think again. We do not know the kind of cards they hold close to their chests. The controversial site near Ainakea, we are told, unofficially, is off the table, for now . But I say, let us not repeat history! The good folks in Vancouver worked hard, I am sure, and lost; we must fight even harder.
This Canadian situation brings back memories of the beginning of WW II, every country that had signed a peace agreement with Hitler was in short order occupied by Hitler's armies. I still remember the news cast showing British Prime Minister Neville Chamberlain stepping off a plane, and waving a piece of paper (his peace agreement with Hitler), and we all know what happened to England.
Currently we are walking petitions from door to door in Ainakea, but we also need the same effort in your area, like Hawi and other areas outside of Ainakea. Our web-site has the petition posted, so it can be printed and used by anyone. Follow this link: http://against.homestead.com/Petition.html
It is important that the person walking the petition from door to door be a local born on the island, known and respected by the community. If you fit this wish-list, please step up to the challenge, your community needs you.
Completed petitions can be mailed to:
FJM, PO Box 995 Kapaau, HI 96755
Let us not fall asleep at the switch; time waits for none. I think it was Reagan who said, "trust but verify". Since we have no way of verifying their actions, we must be prepared, and dig trenches (our petitions).
|
Our struggle is not unique, similar played out in Vancouver, British Columbia, Canada, where despite major public outcry against waste incineration (Gasification), the politicians went ahead with this harmful project anyway.
Some of us like to think that our fight is over; I say think again. We do not know the kind of cards they hold close to their chests. The controversial site near Ainakea, we are told, unofficially, is off the table, for now . But I say, let us not repeat history! The good folks in Vancouver worked hard, I am sure, and lost; we must fight even harder.
This Canadian situation brings back memories of the beginning of WW II, every country that had signed a peace agreement with Hitler was in short order occupied by Hitler's armies. I still remember the news cast showing British Prime Minister Neville Chamberlain stepping off a plane, and waving a piece of paper (his peace agreement with Hitler), and we all know what happened to England.
Currently we are walking petitions from door to door in Ainakea, but we also need the same effort in your area, like Hawi and other areas outside of Ainakea. Our web-site has the petition posted, so it can be printed and used by anyone. Follow this link: http://against.homestead.com/Petition.html
It is important that the person walking the petition from door to door be a local born on the island, known and respected by the community. If you fit this wish-list, please step up to the challenge, your community needs you.
Completed petitions can be mailed to:
FJM, PO Box 995 Kapaau, HI 96755
Let us not fall asleep at the switch; time waits for none. I think it was Reagan who said, "trust but verify". Since we have no way of verifying their actions, we must be prepared, and dig trenches (our petitions).
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