COM 0821.006 2002-2004 - Laserfiche WebLink

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On its clearance form and first application submitted in 1997 HCPC erroneous identified the coal ash pile as being located on TMK 3-2-8-7-53, zoned MG-5a, and permitted under SMA 221. The clearance form was re-submitted as part of the Hilo Coast Power Company's solid waste management permit renewal application in 2002 and the Office of Solid Waste caught the mistake concerning the location of the facility and required a clearance form for TMK 3-2-8-7-1 in Spring of 2003. Around this time the Planning Department issued certain letters of concern. (See Planning Department's SMA 221 file). Sometime in the early Spring an additional clearance form for TMK 3-2-8-7-1 was incorrectly completed by referencing MG zoning and permit SMA 221 and signed off by Planning Department personnel and filed with the State. This was brought to the attention of the Planning Department in a written complaint on the appropriate form. The records show that the Planning Department violations officer (Jeff Darrow at that time) called the State Department of Health and notified them that the clearance form for TMK 3-2-8-7-1 may have been in error. The Planning Director issued a July 13, 2003 letter (see SMA 221 file) to the Office of Solid Waste referencing SMA 221 and stating: "I have met with representatives of HCPC regarding this activity and have come to an informal agreement to allow the stockpiling and removal of coal ash pending an application for a Special permit to legitimize this operation. We are requesting that you consider this letter as a temporary zoning clearance for the solid waste management permit application submitted by BEI, LLC and Continental Pacific, LLC." Over a year has passed since the issuance of the above "temporary zoning clearance" and HCPC has not submitted an application for SMA permit and Special Permit to legitimize the stockpiling of coal ash that they produced. The Planning department appears to be allowing the stockpiling of coal ash, a regulated residual waste from an industrial process, on Agricultural land to continue in spite of HCPC's lack of performance. It should be noted that this coal ash has not been approved as a soil substitute and has been disapproved for a proposed nursery operation. Stockpiled coal ash, even if approved for beneficial reuse, is still a pile of unrecycled waste until it is put into service and requires a Solid Waste permit from DOH. Currently, the Planning Department has approved the subdivision of TMK 3-2-8-7-1 and the parceling out of the coal ash pile despite public objection. Since 1995 HCPC has dispersed company profits from the generation of electric power but has failed to dispose of or subsidize the recycling of its coal ash. Both disposal and recycling coal ash has a cost to a power producer but HCPC deferred this operating expense and now the electric plant will be closing since HELCO will not renew its contract with HCPC. Statement of position or contention: A) Permits and public hearings for permits; It has long been my position that the Hilo Coast Power Company's Coal Ash Recycling Facility requires an amendment to SMA 221, a Special permit, and possibly other County permits; and that applications and public hearings would be required by Planning Commission rule 6 and 9. 3