COM 0821.006 2002-2004 - Laserfiche WebLink

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The coal ash pile and its required system of ditches, swales, settling ponds, and outfall #2 were not rezoned for industrial use nor covered by a revision to SMA 221. I contend that this is the same owner as cited in SMA 221 because the property was sold to Continental Pacific, LLC subject to a long term lease covering the operation of the coal ash pile. This is the same operator despite numerous name changes, the same waste from the same industrial process, and is an expansion of the operations approved by SMA 221. There should be an amendment to the major permit SMA 221, which has been continuously referenced in HCPC's applications as the permit under which the coal ash facility has operated, rather then this activity being treated as a separate action and possibly handled as a minor permit or exemption, which I feel would be discretionary abuse. As legal reference I cite the following: HCC Section 25-2-2. Issuance of permits or licenses in conformance with chapter. All departments, officials, and public employees authorized to issue permits or licenses shall conform to the provisions of this chapter and no permit or license for any use, building, or other purpose shall be issued where the license or permit would be in conflict with the provisions of this chapter. Any permit or license, if issued in conflict with the provisions of this chapter, shall be void. Planning Commission Rule 6-2 Standing to Submit a Petition for a Special Permit. Any person who desires to use its land within a State Land Use agricultural or rural district other than for an agricultural or rural use may petition the Planning Commission for permission to use its land in the manner desired. Planning Commission Rule 9-8 Permits Required for Development. A. No development shall be allowed within the Special Management Area without obtaining a permit in accordance with these Rules and Regulations. B. No State or County Agency authorized to issue permits within the Special Management Area shall authorize any development unless approval is first received in accordance with these Rules and Regulations. Planning Commission Rule 9-1 Definitions. (10) "Development" means any of the following uses, activities, or operations on land or in or under water within the Special Management Area: A. "Development" includes the following: (i) Placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste; (ii) Grading, removing, dredging, mining, or extraction of any materials; (iii) Change in the density or intensity of use of land, including but not limited to the division or subdivision of land; (iv) Change in the intensity of use of water, ecology related thereto, or of access thereto; and (v) Construction, reconstruction, or alteration of the size of any structure. 4