2021-08-25 EMC minutes - Laserfiche WebLink

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subdivisions that we have, the travel time, the design where they are pull-in as opposed to pull through, have caused the systems to be less and less efficient. Chair Adams said the Director has commented before, how do they rationalize where and how the transfer stations are designed in order to find more efficiencies. And we need to get an update on that. Where are you guys with it? I will let you know, unfortunately our solid waste group is going to be short two experts. Recycling Coordinator George Hayducsko is moving to Kaua‘i, and Greg Goodale is moving over to the Department of Water Supply. So two huge holes. How and when they’re going to be filled, she doesn’t know. Hopefully we will find out soon, because they are leaving their positions at the end of the month. So we’ll find out who we get to talk with afterward. Are there any questions that she should gin up for the Director for next meeting? Send them to the Chair and she will make sure we getthem on the agenda. 6. NEW BUSINESS a. Presentation from the Office of the Corporation Counsel regarding the Commission’s authority to hear and determine appeals from decisions of the director, including orders and denials of variances, pursuant to Hawai‘i County Code Section 2-207(b), and matters relating to the Commission’s process of handling appeals. Chair Adams said we are going to do what we didnot do last time, which was a training on one of the functions of the Commission, that she does not know that we have ever done, but we can anticipate coming up, which is to hold administrative hearings when a citizen challenges an order made by the Director. There are several hoops to go through and they can go to court after us, but we are one of the review processes, and have responsibilities, potentially, for some controversial issues that may come up. Deputy Corporation Counsel Malia Hall would give us training so that we are prepared, the Chair said. Counsel Hall opened her PowerPoint presentation by stating that in Section 2-207 of the Hawai‘i County Code the Commission “shall hear and determine appeals from decisions of the director, including orders and denials of variances.” Section 2-204 of the County Code says that “If the director determines that any person has violated or is violating any provision of this article, chapter 21, or any rules adopted pursuant to these chapters, the director may do any one or more of the following.” If someone is dumping into a County right of way, that could be seen as a violation. Initially there would be a notice of violation sent to the person first and that person hopefully would comply and clean it up. If not, the next step would be for the Director to issue an order assessing administrative penalties, and that order would contain a few different things. The order could require compliance immediately or within a specified time, and could commence a civil action in the Circuit Court for appropriate relief. What are the possible penalties? The Code allows fines of up to $1,000 per day for each separate offense. They technically don’t have to be up to $1,000. If the order came down and it were $1,000 per day Commissioners could reduce it to a $500 penalty instead. It is up to their discretion. 16