COM 0821.006 2002-2004 - Laserfiche WebLink

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Planning Department stated that the coal ash had been properly disposed of in a landfill facility or land containment area. HCPC attempted to legitimize its coal ash handling facility when it applied and received a solid waste permit from the Department of Health for the temporary stockpiling and recycling of coal ash in 1997, and a NPDES permit for its outfall #2 in 2001. The coal ash has been tested and approved for beneficial reuse as road bed material, fill material, equestrian trails, land fill cover, and agricultural soil amendment for non food crops under certain terms. None the less, at least 95% of the approximately 90,000 tons of bottom and fly ash produced remands stored and unrecycled and more is added to the pile weekly. According to HCPC's solid waste management application the facility's drainage features consist of a system of swales, berms, settling ponds and an outfall. The drainage features are permitted by an NPDES permit (DOH Clean Water) and are considered part of the solid waste facility: HAR §11-58.1-03 Definitions: "Facility" means all contiguous land including buffer zones and structures, other appurtenances, and improvements on the land used for the handling of solid waste. The drainage features settle out coal ash from storm water run-off from the coal ash pile and are located in a Special Management Area and affect the pali, an erosion-prone area, as well as coastal waters. Coal ash is required by clean water statutes to be settled out of any storm water and is not allowed to be discharged into the ocean. Coal ash from the pile has washed over the pah and into the ocean's waters. (See page 3 and 5 of the Dec. 2000 Clean Water inspection report. Request through Leanne @ Honolulu office or find in Planning Dept.'s SMA 221 file). HCPC's coal ash handling facility has had compliance problems (see Solid Waste Department's Dec. 2000 proposed consent agreement in SMA 221 file, and the Solid Waste Department's current letter stating violations, attached). Hawaii Administrative Rules addresses Hawaii State Department of Health permit procedures and requires a clearance form certifying compliance with local zoning and land use law: HAR§11-58.1-04 Permit systems. (c) Application for permit. (1) Application for a permit shall be completed on forms furnished by the director and shall be accompanied by the following for approval: (A) Detailed plans and specifications for the facility. (B) Certification of compliance with local ordinances and zoning requirements including the recording of its disposal facility with the bureau of conveyances. 2