COM 0821.006 2002-2004 - Laserfiche WebLink

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Claudia Rohr Hilo, Hawaii 96720 res.(808) 934-8040 home fax: 935-0940 August 5, 2004 VIA Fax 961-8742 Planning Department 101 Pauahi, Suite 3 Hilo, Hawaii 96720 To Whom It May Concern: I am writing a formal complaint which may be summarized as follows: 1) The Hilo Coast Power Company's coal ash pile requires County authorized land use permits. 2) Hilo Coast Power Company's coal ash pile violates local land use laws and regulations. 3) The Planning Department failed to enforce the laws and follow the Administrative Rules. 4) The laws and Administrative Rules do not provide the Planning Director with the authority or discretionary power to certify compliance with local land use laws and regulations with a letter of "temporary clearance" when no compliance exists and bi-pass or delay the public process. Background of complaint: The Hilo Coast Power Company (HCPC) received SMA approval (SMA 221) for its coal burning operations on TMK 3-2-8-7-53 (zoned MG-5a) in 1985 and revised the permit in 1995 when it abandoned sugar production, raised its stacks, and began burning coal full time to produce power. Coal ash is a combustion by-product and is considered a special waste regulated by DOH Department of Solid Waste. As argument for approval of its SMA permit and revised SMA permit HCPC stated it would recycle 100% of the coal ash it produced. The requirements of the revised permit includes the original requirements to report annually to the Planning Department. Sometime after 1985 HCPC began its "temporary" stockpile of coal ash next door on TMK 3-2-8-7-1 (zoned Ag-20) in the former land containment area that had been used for settling out soil from the wash water in processing sugar cane at the former Hilo Coast Processing Company. When HCPC began its stockpile of coal ash at this site it failed to revise SMA 221 or apply for a Special permit for the coal ash handling facility. During this period HCPC's annual reports to the 1