REPORT TITLE:
Relating to Village Park and
Royal Kunia


DESCRIPTION:
Requires the Department of Health conduct a scientifically valid
study of current and former residents of Village Park and Royal
Kunia on Oahu to determine if their health has been or may be
affected by exposure to agricultural chemicals in the air, soil
and drinking water, or by living on or near former and current
agricultural lands.  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2398
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO VILLAGE PARK AND ROYAL KUNIA. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The communities of Village Park and Royal Kunia
 
 2 on the island of Oahu are residential developments constructed on
 
 3 former agricultural lands.  These agricultural lands were
 
 4 repeatedly treated with various chemicals to control pests,
 
 5 insects, fungi, add nutrients and minerals, etc.  
 
 6      In 1977, 495 gallons of ethylene dibromide (EDB) were
 
 7 spilled adjacent to Kunia Camp Well in Kunia, about five miles
 
 8 from Village Park and Royal Kunia.  In 1980 the Kunia Camp well
 
 9 was shut down after tests disclosed the presence of EDB and 1,2,-
 
10 dibromo-3-chloropropane (DBCP) in the water.  The U.S.
 
11 Environmental Protection Agency (EPA) subsequently designated the
 
12 Kunia Camp spill area as the Del Monte Superfund site and placed
 
13 it on the National Priorities List (NPL), indicating the site
 
14 urgently needed to be cleaned up.  The EPA boundary for the Del
 
15 Monte Superfund excludes the communities of Village Park and
 
16 Royal Kunia.
 

 
 
 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      Del Monte used contaminated water from the Kunia Camp well
 
 2 for dust control on their property from 1980 until 1994.  There
 
 3 are also unverified allegations that contaminated soil from the
 
 4 Del Monte Superfund site was used as fill constructing Village
 
 5 Park.
 
 6      In 1983 the City and County of Honolulu Board of Water
 
 7 Supply (BWS)detected DBCP and 1,2,3-trichloropropane (TCP)in the
 
 8 Kunia II wells which serve Village Park and Royal Kunia.  The
 
 9 wells were shut down until granulated activated carbon filters
 
10 could be installed.  The water from the Kunia II wells is now
 
11 filtered, meets current safe drinking water standards, and again
 
12 is used for the residents of Village Park and Royal Kunia.
 
13 However, for some period of time residents of Village Park drank
 
14 unfiltered water and were likely exposed to unsafe levels of DBCP
 
15 and TCP.
 
16      The groundwater aquifers of central Oahu are contaminated
 
17 with various agricultural chemicals, requiring expensive
 
18 filtration to meet safe drinking water standards.
 
19      For many years residents of Village Park have noticed what
 
20 they thought was a high incidence of cancers, birth defects,
 
21 learning disorders, and other health concerns, in their
 
22 community.  Residents of the newer community of Royal Kunia are
 
23 now noticing similar trends.
 

 
Page 3                                                     2398
                                     H.B. NO.           
                                                        
                                                        

 
 1      The residents of Village Park conducted their own health
 
 2 survey which showed alarming numbers of birth defects.  The
 
 3 Department of Health dismissed this effort as unscientific.  DOH
 
 4 then did their own health survey, but that is suspect due a low
 
 5 response rate.  In 1999 DOH conducted soil testing which did
 
 6 identify at least one site in Village Park with a high level of
 
 7 contamination.  The people of Village Park and Royal Kunia
 
 8 deserve to know the truth, whatever it may be.
 
 9      In 1999, several former and current residents of Village
 
10 Park brought suit against the manufacturers of the agricultural
 
11 chemicals.  In addition, BWS brought suit against the
 
12 manufacturers and users of these chemicals for contaminating the
 
13 drinking water supply.
 
14      Village Park and Royal Kunia are not the only communities
 
15 built on or near agricultural lands, or exposed to contaminated
 
16 drinking water.  The results of a health survey of these two
 
17 communities will assist DOH in determining whether or not there
 
18 is a general state-wide health issue.  Further, a comprehensive
 
19 examination of Village Park and Royal Kunia will help resolve
 
20 whether it is safe to build residential developments on former
 
21 agricultural lands.  The answers to these questions are crucial
 
22 to the safety of our people and the future of our state.
 

 
 
 
Page 4                                                     2398
                                     H.B. NO.           
                                                        
                                                        

 
 1      The purpose of this bill is to require a comprehensive and
 
 2 scientifically valid study of the health of those in Village Park
 
 3 and Royal Kunia as a demonstration project to evaluate the larger
 
 4 scope of such health and contamination problems, if any,
 
 5 throughout the state.
 
 6      SECTION 2.  The Department of Health shall conduct a
 
 7 scientifically valid health survey of current and former
 
 8 residents of Village Park and Royal Kunia on Oahu to determine
 
 9 whether their health has been or may be affected by exposure to
 
10 agricultural chemicals in the air, soil and drinking water, or by
 
11 living on or near former agricultural lands.  Such health survey
 
12 shall cover birth defects, mental and physical disabilities,
 
13 learning disorders, cancers, and other diseases.                 
 
14      SECTION 3.  Section 128D-2, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "128D-2 Environmental response revolving fund; uses.(a)
 
17 There is created within the state treasury an environmental
 
18 response revolving fund, which shall consist of moneys
 
19 appropriated to the fund by the legislature, moneys paid to the
 
20 fund as a result of departmental compliance proceedings, moneys
 
21 paid to the fund pursuant to court-ordered awards or judgments,
 
22 moneys paid to the fund in court-approved or out-of-court
 
23 settlements, all interest attributable to investment of money
 

 
Page 5                                                     2398
                                     H.B. NO.           
                                                        
                                                        

 
 1 deposited in the fund, moneys generated by the environmental
 
 2 response tax established in section 243-3.5, and moneys allotted
 
 3 to the fund from other sources; provided that when the total
 
 4 balance of the fund exceeds $20,000,000, the department of health
 
 5 shall notify the department of taxation of this fact in writing
 
 6 within ten days.  The department of taxation then shall notify
 
 7 all distributors liable for collecting the tax imposed by section
 
 8 243-3.5 of this fact in writing, and the imposition of the tax
 
 9 shall be discontinued beginning the first day of the second month
 
10 following the month in which notice is given to the department of
 
11 taxation.  If the total balance of the fund thereafter declines
 
12 to less than $3,000,000, the department of health shall notify
 
13 the department of taxation which then shall notify all
 
14 distributors liable for collecting the tax imposed by section
 
15 243-3.5 of this fact in writing, and the imposition of the tax
 
16 shall be reinstated beginning the first day of the second month
 
17 following the month in which notice is given to the department of
 
18 taxation.
 
19      (b)  Moneys from the fund shall be expended by the
 
20 department for response actions and preparedness, including
 
21 removal and remedial actions, consistent with this chapter;
 
22 provided that the revenues generated by the "environmental
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 response tax" and deposited into the environmental response
 
 2 revolving fund:
 
 3      (1)  Shall also be used:
 
 4           (A)  For oil spill planning, prevention, preparedness,
 
 5                education, research, training, removal, and
 
 6                remediation; [and]
 
 7           (B)  For direct support for county used oil recycling
 
 8                programs; and
 
 9           (C)  For a health study of current and former residents
 
10                of Village Park and Royal Kunia on Oahu to
 
11                determine if their health has been or may be
 
12                affected by exposure to agricultural chemicals in
 
13                the air, soil and drinking water, or by living on
 
14                or near former agricultural lands.  As used
 
15                herein, health includes, but is not limited to,
 
16                birth defects, mental and physical disabilities,
 
17                learning disorders, cancers, and other diseases. 
 
18      (2)  May also be used to address concerns related to
 
19           drinking water, underground storage tanks, including
 
20           support for the underground storage tank program of the
 
21           department and funding for the acquisition by the State
 
22           of a soil remediation site and facility."
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 4.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 5.  This Act shall take effect upon its approval.
 
 4 
 
 5                       INTRODUCED BY:  ___________________________