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 & OrdersCorrespondenceStatus Reports

City & County of Honolulu – Environmental Services

Motion to Terminate Order Regarding Written Status Reports on Proceedings of the Planning Commission Relating to County Special Use Permit File No. 2008/SUP-2. (12/4/19)
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)
ENV’s July 17, 2020 Meeting Notice (7/13/2020)
ENV’s October 20, 2020 Meeting Notice (10/15/2020)
ENV’s January 19, 2021 Meeting Notice (1/15/2021)
ENV’s April 5, 2021 Meeting Notice (08/09/2022)
ENV’s July 12, 2021 Meeting Notice (08/09/2022)

(2019 proceedings on Consolidated Record)

SP09-403 OP Statement of No Opposition to Applicant’s Motion (12-23-19)

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

LUC Order Granting Motion to Terminate Order Regarding Written Status Reports on Proceedings of the Planning Commission Relating to County Special Use Permit File No. 2008/SUP (1/28/2020)

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)

Amended Certificate of Service for LUC Order Granting in Part and Denying in Part Intervenors Ko Olina Community Association and Maile Shimabukuro’s Motion to Deny and Remand (6/15/17)

LUC Order Granting in Part and Denying in Part Intervenors Ko Olina Community Association and Maile Shimabukuro’s Motion to Deny and Remand, COS (6/6/17)

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

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 Associaton 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 Associaton 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)

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