SP97-390 County of Maui 2020 (4th amendment)

Background

The Maui County Department of Environmental Services submitted this 4th amendment to its special permit (SP97-390) on March 6, 2020.

The application is for an Amendment to State Land Use Commission Special Permit No.( Sp97-390) and County of Maui Special Permit No. (CUP 2008/0003) to include an approximately 40-acre project area TMK (2) 3-8-003:019 (por) located at 8100 Pulehu Road in Puunene, Maui, Hawai`i for development of the Central Maui Landfill Facilities Project involving an office, abandoned vehicle area, metal processing area, open construction and demolition material recovery area, household hazardous waste and electronic waste processing and storage area, refuse collection office, truck parking and maintenance area, drainage basins, and associated infrastructure.  The amendment also includes a time extension for SP97-390 and Removal of TMK (2) 3-8-003:020 (por) from both SP87-390 and CUP 2008/0003.  Total amended permitted area covered by both permits will be approximately 96 acres.  TMK (2) 3-8-003: 019 (por) and TMK (2) 3-8-003: 20 (posr) located at Puunene, Maui; (CUP 2008/0003) (SP97-390) (SUP 1996/0009)

 

Status

At its regular meeting on December 10, 2019, the Maui Planning Commission reviewed the above requests and after due deliberation and receipt of testimony and exhibits, the Planning Commission ordered approval of the County Special Use Permit, subject to conditions.  The County of Maui Department of Environmental Service is now seeking approval from the State of Hawai`i Land Use Commission for this fourth amendment to its SP97-390 Special Permit.

This matter was tentatively scheduled to be heard on Maui on April 9, 2020, but due to the covid 19 pandemic, it was delayed till July 8-9, 2020, and continued on August 12-13, 2020. The LUC issued its Findings of Fact, Conclusions of Law and Decision and Order on this docket on August 13, 2020.

The State Office of Planning (OP) filed a Motion for Reconsideration of the Decision and Order that was issued by the Commission on August 13, 2020, which was heard on September 24, 2020.  An LUC Order Dismissing OP’s Motion was issued on October 5, 2020.

The LUC then issued an Order Granting LUC staff’s request to issue an Errata to the Decision and Order Approving with Modification the Recommendations of the County of Maui Planning Commission to Approve a Fourth Amendment to the LUC Special Permit and COS on October 27, 2020.

LUC Decision and OrdersPetitioner Filing (County of Maui)State Office of Planning & Sustainable Development (OPSD) Filings

Findings of Fact, Conclusions of Law and Decision and Order Approving with Modifications the Recommendations of the County of Maui Planning Commission to Approve a Fourth Amendment to the Land Use Commission Special Permit “A” and COS (08/13/2020)

Order Dismissing the Office of Planning’s Motion for Reconsideration of the Findings of Fact, Conclusions of Law and Decision and Order Approving with Modifications the Recommendations of the County of Maui Planning Commission to Approve a Fourth Amendment to the Land Use Commission Special Permit (10/05/2020)

Order Granting Land Use Commission Staff’s Request to Issue an Errata to the Findings of Fact, Conclusions of Law and Decision and Order Approving with Modifications the Recommendations of the County of Maui Planning Commission to Approve a Fourth Amendment to the Land Use Commission Special Permit and Certificate of Service (10/27/2020)

Petitioner – County of Maui, Department of Environmental Management

Preliminary Filings:

County of Maui Department of Planning March 5, 2020, Cover Letter for Transmittal of Paper Documents for Docket No. SP97-390 Central Maui Landfill

Maui Planning Department Letter to Maui Environmental Services re: 4th Amendment (02/18/2020)

County of Maui Department of Planning- Letter of transmittal for documents sent to LUC to support application for SP97-390 Central Maui Landfill (06/25/2020)

County of Maui Department of Environmental Management Position Statement (07/06/2020)

Department of Environmental Management, County of Maui’s Joinder in the Office of Planning’s Motion for Reconsideration of the Findings of Fact, Conclusions of Law, and Decision and Order Approving with Modifications the Recommendations of the County of Maui Planning Commission to Approve a Fourth Amendment to the Land Use Commission Special Permit, COS (09/17/2020)

Department of Environmental Management, County of Maui’s Comments on October 8, 2020, LUC meeting agenda item IX on SP97-390 (10/07/2020)

Preliminary Filings:

OP Comment Letter (07/01/2020)

OP Motion for Reconsideration (08/31/2020)

OP Comment Letter dated (10/06/2020)