Asbestos Notification to State Department of Health of Current Demolition of Naalehu Theatre

Request to:
Department of Health
Law used:
State of Hawaii UIPA
Status of this request:
Request Successful
Summary of Request
Under HAR Title 11 Chapter 501, the owner or contractor who totally demolished the Naalehu Theatre, Naalehu HI 96772, was required to have notified DOH Indoor and Radiological Branch, Asbestos Abatement Office at least ten working days prior to starting the total demolition of the 1940 movie theatre last week. The projection room was ENTIRELY surrounded with a thick layer of regulated asbestos containing material (RACM) filling to prevent spread of fires to the auditorium and, since EVERYTHING was just bulldozed into a big pile, there was no indication that this asbestos filling was SEPARATED and properly wrapped for wet disposal, subject to inspection at the dump site. I request the Naalehu Theatre DOH Asbestos Notification Form, the documentation of the fee paid for the quantity of RACM, and any other correspondence with DOH regarding fulfilling the State RACM regulations for this completed demolition. I will pay a fee of up to $50 if required for production of these documents.

Messages in this request

From Sandra Demoruelle (Daniel's Ohana)
Subject Records Request for Department of Health: Asbestos Notification to State Department of Health of Current Demolition of Naalehu Theatre [#932]
Date March 12, 2023, 7:14 p.m.
To Department of Health
Status Awaiting response
Attachments

Aloha, Pursuant to the public records law, I would like to request the following records in electronic format sent to my email address.
Under HAR Title 11 Chapter 501, the owner or contractor who totally demolished the Naalehu Theatre, Naalehu HI 96772, was required to have notified DOH Indoor and Radiological Branch, Asbestos Abatement Office at least ten working days prior to starting the total demolition of the 1940 movie theatre last week. The projection room was ENTIRELY surrounded with a thick layer of regulated asbestos containing material (RACM) filling to prevent spread of fires to the auditorium and, since EVERYTHING was just bulldozed into a big pile, there was no indication that this asbestos filling was SEPARATED and properly wrapped for wet disposal, subject to inspection at the dump site. I request the Naalehu Theatre DOH Asbestos Notification Form, the documentation of the fee paid for the quantity of RACM, and any other correspondence with DOH regarding fulfilling the State RACM regulations for this completed demolition. I will pay a fee of up to $50 if required for production of these documents.
[... Show complete request text] Sandra Demoruelle (Daniel's Ohana)
  1. 2 weeks agoMarch 12, 2023, 7:14 p.m.: Sandra Demoruelle (Daniel's Ohana) sent a message to Department of Health.
From Decker, Christopher – Department of Health
Subject Naalehu Theater
Date March 13, 2023, 10:14 a.m.
Status Request resolved
Attachments

Aloha Sandra, I was contacted by email last week Thursday, March 9, by the Department of Health's Clean Air Branch in Hilo regarding Naalehu Theater. They informed me that a member of the community complained of dust from the demo activities there and the possibility that asbestos was involved. No 10-day notification for the demolition had been received at that point. It was determined by on-line research of Hawaii County permits that Ishii Construction was the demolition contractor. Ishii Construction's owner James Ishii was contacted within an hour after receiving the complaint to find that the 10-day notification had been overlooked. However, Mr. Ishii provided a July 2022 report indicating that the required pre-demolition survey for asbestos had been performed by registered asbestos consulting firm Lehua Environmental. According to Mr. Ishii, the asbestos identified in the inspection, which included "RACM" (friable insulation material), was removed by licensed asbestos abatement contractor Penhall prior to the demo. Penhall was contacted to confirm the abatement of the materials and they provided a "Courtesy Notification" for the abatement project at our request. According to Penhall's notification, an unregulated quantity of RACM (130 square feet) had been removed on March 6, along with 140 square feet of non-friable asbestos-containing roofing materials. Ishii Construction provided the demolition notification and $50 fee on the morning of March 10 and will be receiving a "Notice of Noncompliance" for the 10-day requirement issue. The Hilo Clean Air Branch was notified of our findings, as was the complainant. Because the asbestos had been identified by a certified asbestos inspector, and removed by a licensed asbestos contractor, the complainant was advised to follow up with the Clean Air Branch regarding visible dust emissions concerns. Attached is a Request for Records form. If you can fill it out and return it to us I can send it up the chain of command for approval. We can provide you with the demolition notification, the abatement courtesy notification, the survey report and a clearance form provided by Lehua Environmental. Be sure to itemize all that you require on the request form. Feel free to call me if you would like to discuss this further. Chris Decker Asbestos and Lead-Based Paint Programs Indoor& Radiological Health Branch Hawaii Department of Health Office: (808) 586-5800 Mobile: (808) 294-8148 [doh logo 1]
-----Original Message----- From: Sandra Demoruelle < <name and email address >> Sent: Sunday, March 12, 2023 7:14 PM To: DOH webmaster < <name and email address >> Subject: [EXTERNAL] Records Request for Department of Health: Asbestos Notification to State Department of Health of Current Demolition of Naalehu Theatre [#932] Aloha, Pursuant to the public records law, I would like to request the following records in electronic format sent to my email address. Under HAR Title 11 Chapter 501, the owner or contractor who totally demolished the Naalehu Theatre, Naalehu HI 96772, was required to have notified DOH Indoor and Radiological Branch, Asbestos Abatement Office at least ten working days prior to starting the total demolition of the 1940 movie theatre last week. The projection room was ENTIRELY surrounded with a thick layer of regulated asbestos containing material (RACM) filling to prevent spread of fires to the auditorium and, since EVERYTHING was just bulldozed into a big pile, there was no indication that this asbestos filling was SEPARATED and properly wrapped for wet disposal, subject to inspection at the dump site. I request the Naalehu Theatre DOH Asbestos Notification Form, the documentation of the fee paid for the quantity of RACM, and any other correspondence with DOH regarding fulfilling the State RACM regulations for this completed demolition. I will pay a fee of up to $50 if required for production of these documents. Mahalo, Sandra Demoruelle Daniel's Ohana
  1. 1 week, 6 days agoMarch 13, 2023, 10:14 a.m.: Received an email from Department of Health.
From Decker, Christopher – Department of Health
Subject Request for Records form
Date March 13, 2023, 10:16 a.m.
Attachments

Hi Sandra, I forgot to attach the form. Here it is. Chris Decker Asbestos and Lead-Based Paint Programs Indoor& Radiological Health Branch Hawaii Department of Health Office: (808) 586-5800 Mobile: (808) 294-8148 [doh logo 1]
  1. 1 week, 6 days agoMarch 13, 2023, 10:16 a.m.: Received an email from Department of Health.
From Sandra Demoruelle (Daniel's Ohana)
Subject Request for Records form - not needed [#932]
Date March 13, 2023, 11:55 a.m.
To Department of Health

Dear Sir or Madam, ...Actually, your clear explanation provided the information I was desiring. Thank you for your prompt response to both the demolition complaint and my UIPA request! While it is unlikely the asbestos removal and disposal occurred within the law, at least the pro forma requirements of a certified asbestos inspection/removal is SAID to have happened and I do not have firm evidence that it did not. It seems a dead-end, so, again, thank you for your efforts. No further documentation is required. Sincerely, Sandra Demoruelle Sincerely yours Sandra Demoruelle
  1. 1 week, 6 days agoMarch 13, 2023, 11:55 a.m.: Sandra Demoruelle (Daniel's Ohana) sent a message to Department of Health.
  2. 1 week, 6 days agoMarch 13, 2023, 11:56 a.m.: Sandra Demoruelle (Daniel's Ohana) set status to 'Request Successful'.