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 AND COUNTY OF HONOLULU -ENVIRONMENTAL SERVICES

ENV’s response to Intervenor KOCA/Maile Shimabukuro’s Objections to Applicant’s Proposed Findings of Fact, Conclusions of Law and Decision and Order Approving the Recommendation of the City and County of Honolulu Planning Commission to Approve the State Special Permit Application with Modifications, As Modified By the Land Use Commission on October 10. 2019 (10/30/19)

Applicant’s Proposed Findings of Fact, Conclusions of Law and Decision and Order Approving the Recommendation of the City and County of Honolulu Planning Commission to Approve the State Special Permit Application with Modifications, As Modified By the Land Use Commission on October 10. 2019, COS (10/18/19)

2019 City and County of Honolulu Planning Commission Consolidated Record

Department of Environmental Services (ENV), City and County of Honolulu’s Response to Intervenors Ko Olina Community Association and Maile Shimabukuro’s Objections to Planning Commission’s Findings of Fact, Conclusions of Law, and Decision and Order, Dated June 6, 2019, Declaration of Kamilla C. K. Chan, Exhibits 1-7, COS (9/25/19)

ENV’s response to Office of Planning’s October 1, 2019 Memorandum (10/7/19)

STATE OFFICE OF PLANNING (2019 proceedings on Consolidated Record)

OP Response to LUC order for proposed Findings of Fact, Conclusions of Law, Decision and Order (10/18/19)

SP09-403 Waimanalo Gulch Landfill – OP Letter (to be submitted at 10-9-19 hearing)

OP Recommendations to LUC  (10/1/19)

INTERVENOR HANABUSA (2019 proceedings on Consolidated Record)

10/17/19- Filed with LUC:

Intervenor Colleen Hanabusa’s Further Objections to the Land Use Commission’s Approval With Modifications of Special Use Permit and Any Proposed FIndings of Fact, Conclusions of Law, and Decision and Order, and the Final Findings of Fact and Conclusions of Law, and Decision and Order to be Entered by the Land Use Commission; and Certificate of Service, file-stamped October 17, 2019.

 

9/24/19- Filed with LUC:

INTERVENOR KO OLINA COMMUNITY ASSOCIATION & MAILE SHIMABUKURO  (KOCA) (2019 proceedings on Consolidated Record)

 

Filed October 18, 2019 – INTERVENORS KO OLINA COMMUNITY ASSOCIATION AND MAILE SHIMABUKURO’S SUBMISSION OF PROPOSED Findings of Fact, Conclusions of Law and Decision and Order Adopting with Modifications the City and County of Honolulu Planning Commission’s Recommendation to Approve Special Use Permit Applications

 

KOCA PowerPoint presentation for OCT 9-10, 2019 meeting – 5 separate files

Main

Rebuttal Slide

ENV- reasonable diligence

When Landfill Supposed to be Closed

WGSL  only option

 

KOCA Reply to State Office of Planning’s October 1, 2019 Letter Regarding the Planning Commission’s FOFCOLD&O dated June 10, 2019, Declaration of Chris Goodin, Exhibit 1, COS (10/7/19)

KOCA Reply in Support of Their Objections to Planning Commission’s Findings of Fact, Conclusions of Law, and Decision and Order dated June 10, 2019 (10/2/19)

KOCA Objections to the Planning Commission’s Findings of Fact, Conclusions of Law, and Decision and Order dated June 10, 2019 and COS   (9/17/19)

KOCA Summary of Objections to Planning Commission’s Findings of Fact, Conclusions of Law and Decision and Order dated June 10, 2019 and COS (9/17/19)

INTERVENOR SCHNITZER STEEL (2019 proceedings on Consolidated Record)

Intervenor Schnitzer Steel Hawaii Corp.’s Joiner in Applicant’s Proposed Findings of Fact, Conclusions of Law and Decision and Order Approving the Recommendation of the City and County of Honolulu Planning Commission to Approve the State Special Permit Application with Modifications, As Modified By the Land Use Commission on October 10. 2019, Filed Herein on October 18, 2019, COS (10/18/19)

Intervenor Schnitzer Steel Hawaii Corp.’s Notice of Appearance and Request for Service of Notices and Papers; COS (10/18/19)

Intervenor Schnitzer Steel Hawaii corp.’s Comments to Intervenor Ko Olina Community Association and Maile Shimabukuro’s Objections to the Planning Commission’s Findings of Fact, Conclusions of Lawk and Decision and Order (9/25/19)

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

Notices and Orders

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER APPROVING WITH MODIFICATIONS THE CITY AND COUNTY OF HONOLULU PLANNING COMMISSION’S RECOMMENDATION TO APPROVE SPECIAL USE PERMIT (11/1/19)

PLANNING COMMISSION OF THE CITY AND COUNTY OF HONOLULU, FILE NO. 2008/SUP-2- FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER, COS APRIL 28, 2017 (5/1/17)

ORDER REMANDING COUNTY SPECIAL USE PERMIT FILE NO. 2008/SUP-2 TO  THE CITY AND COUNTY OF HONOLULU PLANNING COMMISSION AND CERTIFICATE OF SERVICE dated 10/8/12

Order Granting Applicant’s Oral Motion to File Written Briefs dated July 12, 2012

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

 

Schnitzer Steel

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

 

State Office of Planning

OP written brief on procedures dated 7/19/12

Intervenor Ko Olina Community Association

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

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

CORRESPONDENCE

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)

2014 Requirement for Written Status Reports

Order Requiring Written Status Reports dated May 28, 2014

Mandated Status Reports:

Status Report NOV 2019

Status Report SEP 2019

Status Report July 2019

Status Report MAY 2019

Status Report MAR 2019

Status Report-JAN 2019

Status Report-NOV 2018

Status Report- SEP 2018

Status Report- JUL 2018

Status Report- MAY 2018

Status Report- MAR 2018

Status Report – JAN 2018

Status Report- NOV 2017        Amended COS for NOV 2017 Status Report

Status Report- SEP 2017

Status Report- July 2017

Status Report – May 2017

Status Report – March 2017

Status Report- January 2017

Status Report- November 2016

Status Report- September 2016

Status Report – July 2016

Status Report – May 2016

Status Report – March 2016

Status Report – September 2015

Status Report – July 2015

Status Report – May 2015

Status Report – March 2015

Status Report – January 2015

Status Report – November 2014

Status Report – September 2014

Status Report – July 2014

Status Report Provided to Commission at May 16, 2014 LUC meeting & Attached correspondence

Supplement- Landfill Diversion Chart

Supplement- Landfill MSW