SP09-403 Dept. of Environmental Services – 2012 LUC Remand to C&C HNL and Procedural Issues Arising From Civil No. 09-1-2719-11

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.

LUC Notice & OrdersPetitioner FilingLand Use Commission (LUC) FilingsState Office of Planning & Sustainable Development (OPSD) FilingsCity & County of Honolulu FilingsIntervenor Filings

ORDERS:

Order Granting Applicant’s Oral Motion to File Written Briefs (07/12/2012)

Order Remanding County Special Use Permit File No. 2008/Sup-2 to the City and County of Honolulu Planning Commission and Certificate of Service (10/08/2012)

Agenda & Minutes

July 5, 2012: Agenda  |  Minutes

September 14, 2012: Agenda  |  Minutes

Department of Environmental Services (“ENV”)

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 (07/19/2012)

LUC Letter to Planning Commission re: Urging the C&C HNL to stay its May 25, 2012 Proceedings (05/22/2012)

 

OP’s written brief on procedures (07/19/2012)

 

Planning Commission (“PC”)

Planning Commission Letter Response (05/29/2012)

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 (06/18/2012)

Ko Olina Community Association & Maile Shimabukuro (“KOCA”)

Intervenor Ko Olina Community Association’s Brief (07/19/2012)

Amended COS from Intervenor KOCA and Maile Shimabukuro (07/23/2012)

Colleen Hanabusa (“CH”)

Intervenor Colleen Hanabusa’s Memorandum re: Procedural Issues Arising from Civil No. 09-1-2719-11 (07/19/2012)

Intervenor Colleen Hanabusa Withdrawal and Substitution of Counsel (08/29/2012)

Schnitzer Steel Hawaii Corp. (“SSHC”)

Schnitzer Steel Position Statement re: Procedural Issues (07/18/2012)