SP09-403 Dept. of Environmental Services, City and County of Honolulu-2012 LUC Remand to City & County of Honolulu and Procedural Issues Arising From Civil No. 09-1-2719-11 Filings

City & County of Honolulu FilingsState Office of Planning & Sustainable Development (OPSD) FilingsIntervenor: HanabusaIntervenor: KOCAIntervenor: Schnitzer SteelPublic CommentsLUC Notice & OrdersCorrespondenceAnnual ReportsStatus Reports

City & County of Honolulu – Environmental Services

PUBLIC COMMENTS for OCT 9-10, 2019 Hearing on SP09-403

Thomas-Ryan Cleek (10/7/19)

2012 LUC Remand to City & County of Honolulu and Procedural Issues Arising From Civil No. 09-1-2719-11 Filings

In the present case, the LUC approved the most recent SUP for the Waimanalo Gulch landfill, but added additional restrictions, including the requirement that the landfill cease accepting municipal solid waste (MSW) on July 31, 2012 (Condition #14).  The Honolulu Department of Environmental Services (ENV) appealed the LUC’s imposition of Condition #14, and on May 4, 2012,  the Hawai’i Supreme Court issued its Decision, holding that the imposition of Condition #14 was not supported by substantial evidence in the record.  The Court ordered the matter to be remanded back to the LUC for further proceedings.

Additional Historical Information (Annual Reports, Mandated Reports, 2009 Decision & Order)

Other historical information (annual reports, etc.)

CONSOLIDATED RECORD SUBMITTED BY DEPARTMENT OF PLANNING AND PERMITTING 5/12/17

Department of Environmental Services, C&C Honolulu

DEPARTMENT OF ENVIRONMENTAL SERVICES, CITY AND COUNTY OF HONOLULU’S BRIEF IN SUPPORT OF THE LAND USE COMMISSION OF THE STATE OF HAWAII RETAINING JURISDICTION IN DOCKET NO. SPO9-403 dated 7/19/12

Department of Environmental Services; City and County of Honolulu’s Response to Intervenor Ko Olina Community Association and Maile Shimabukuro’s Motion to Deny and Remand;, Declaration of Dana Viola, Exhibit 1, COS (5/19/17)

Department of Environmental Services; City and County of Honolulu’s Memorandum in Opposition to Intervenor Ko Olina Community Association and Maile Shimabukuro’s Alternative Motion to Deny the Application Unless Additional Conditions are Imposed, Declaration of Kamilla Chan, Exhibit 1, COS (5/19/17)

Amended COS Re: Dept. of Environmental Services Response to Intervenor Ko Olina Community Association and Maile Shimabukuro’s Motion to Deny and Remand (5/22/17)

Amended COS Re: Dept. of Environmental Services Memorandum in Opposition to Intervenor Ko Olina Community Association and Maile Shimabukuro’s Motion to Deny the Application Unless Additional Conditions are Imposed (5/22/17)

Correspondence from Deputy Corporation Counsel Dana Viola re: Response to Intervenor KOCA and Shimabukuro’s letter request dated May 23, 2017 (5/23/17)

 

Schnitzer Steel

Schnitzer Steel Position Statement re: Procedural Issues dated 7/18/12

Correspondence from Intervenor Schnitzer Steel- Statement of Position on Intervenor KOCA’s Motion to Deny and Remand (5/23/17)

 

State Office of Planning

OP written brief on procedures dated 7/19/12

OP Statement Recommending approval of SP application (5/22/17)

Intervenor Ko Olina Community Association

Intervenor Ko Olina Community Association’s Brief dated 7/19/12

Intervenor Ko Olina Community Association and Maile Shimabukuro’s Motion to Deny and Remand, Declaration of Christopher T. Goodin, Exhibits A-D, COS (5/12/17)

Intervenor Ko Olina Community Association and Maile Shimabukuro’s Alternative Motion to Deny the Application Unless Additional Conditions are Imposed; Declaration of Christopher T. Goodin, Exhibits 1-5, COS (5/12/17)

correspondence from Intervenor KOCA in re: Request to Settle the Proposed Form of Order Granting in Part Intervenor KOCA’s Motion to Deny and Remand(5/23/17)

Intervenor Colleen Hanabusa

INTERVENOR COLLEEN HANABUSA’S MEMORANDUM RE: PROCEDURAL ISSUES ARISING FROM CIVIL NO. 09-1-2719-11 dated 7/19/12

Intervenor Hanabusa Withdrawal and Substitution of Counsel filed 8/29/12

Intervenor Hanabusa Joinder to Intervenor KOCA Motion to Deny and Remand, COS (5/22/17)

Correspondence

Correspondence from C&C HNL re: SP09-403 Waimanalo Gulch April 2020 Public Hearing Postponement due to COVID-19 (3/25/2020)

Correspondence from C&C HNL Planning Commission and DPP Corporation Counsel re filing dates for responses for continued contested case hearing (1/22/19)

SP09-403 Waimanalo Gulch- C&C HNL Planning Commission Correspondence RE Continued Contested Case Hearing (1/17/19)

Planning Commission Notice of No Quorum for Meeting- APR 2018

Correspondence generated by City and County of Honolulu Planning Commission  re: WGSL (LUC did not receive copies)

5/25/16

8/9/16

9/7/16

10/13/16

C&C Honolulu correspondence to Attorney for Intervenor Hanabusa re: Contested case Hearing -Ewa State SUP Amendment Application – 2008/SUP-2 WGSL Consideration of Order Remanding County SUP file No. 2008/SUP-2 to the C&C of Honolulu Planning Commission (12/13/16)

City correspondence to Honolulu Planning Commission re: Request for Follow-up Status Report or Extension (7-7-16)

C&C Honolulu correspondence to LUC re: Dept. of Environmental Services, C&C Honolulu’s Motion to Stay Proceedings at the Planning Commission to April 22, 2017 (rcvd 6/27/16)

C&C Honolulu- Modification to State Special Use Permit No. 2008/SUP-2 and LUC Docket No. SP09-403, Deletion of Condition No. 14 Relating to Deadline Prohibiting the Acceptance of Municipal Solid Waste at Waimanalo Gulch Sanitary Landfill – Honouliuli, Ewa, Oahu Tax Map Key 9-2-003:72 and 73 dated 6/18/2012

 

OP correspondence to Honolulu Planning Commission re: Request for Follow-up Status Report or Extension (7-14-16)

 

Red Hill Elementary School Correspondence to LUC (11-9-15)

1st Annual Report (07/29/2010)

2nd Annual Report (06/01/2011)

3rd Annual Report (06/26/2013)

4th Annual Report (06/12/2014)

5th Annual Report (06/26/2015)

6th Annual Report (06/24/2016)

7th Annual Report (06/27/2017)

8th Annual Report (07/10/2018)

9th Annual Report (08/05/2019)

 

1st Semi-Annual Report (07/21/2020)

3rd Semi-Annual Report (07/22/2021)

4th Semi-Annual Report (12/16/2021)

5th Semi-Annual Report (07/18/2022)