COM 0042.076 2004-2006 - Laserfiche WebLink

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stream courses causing washouts and perennial clean water violations and impacting and degrading the off shore coral reefs, and fish habitats. HCPC's solid waste facility was illegally established in the Agricultural District, without County rezoning approval or a Special Use permit without the Planning Depaztments knowledge in 1995. The State Water Code has been violated in two parts: 1) the streams have bee~~,,,,a~~l~red without permit; and 2) the stream alterations aze improvements associatedNndustrial activity illegally located on land in the agricultural district. Item no. 1 above can be corrected with payment of a fine and proper permit application. Item No. 2 above can only be corrected by amendment to the General Plan and a change in zone. HRS 174C-49 states in part: Conditions for a permit. (a) To obtain a permit pursuant to this part, the applicant shall establish that the proposed use of water: (5) Is consistent with state and county general plans and land use designations; (6) Is consistent with county land use plans and policies; It is most likely HCPC will ask the Planning Department for anon-significant zoning change if Bill 163 draft 5 is approved as is. Industrial zoning slightly overlaps the coal ash pile (see Exhibit "C" -Zoning Map). HCPC could possible litigate if the Planning Department does not administrative approve the zoning change based on conformance with the LUPAG Map. It is most likely HCPC will oppose a County Council initiated interim amendment to change B-2 from Industrial to Important Agriculture. HCPC could possibly litigate citing the interim amendment a taking. In this event the agricultural land will be lost and the coal ash solid waste facility will be legitimized without any participation by the public. Approval of Item B-2, changing the land use element from Intensive and Extensive Agriculture to Industrial, will also change the effect of 205A in the event HCPC applies for a Special Management Use Permit to legitimize its facility. To clarify, HRS 205A-26 states in part: (2) No development shall be approved unless the authority has first found: (C) That the development is consistent with the county general plan and zoning. Such a finding of consistency does not preclude concurrent processing where a general plan or zoning amendment may also be required.