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And generally speaking, I appreciated Commissioner Galdones, your comments about reviewing
<br />the larger picture and being comfortable with it, and Commissioner Graham, your concerns with
<br />wanting to answer some questions before we go forward. I'm asking that you stop for a moment.
<br />Your -. You have the opportunity. The negotiated agreement doesn't say anything about this
<br />hearing. You have the right to do what you're allowed to do by law. I'm asking you to stop an
<br />consider the general project. I think under the SMA laws or rules or whatever, regulations, that
<br />you're allowed to consider things that impact the SMA area.
<br />I'm going to bring up the coal ash specifically because it's on Parcel 1 and Lot 82, I believe, of
<br />this application. I'm recommending that the Council look at asking the subdivider to place a
<br />bond in the amount of the minimum being $3 million to guarantee that that coal ash pile will be
<br />removed. My concern is that if you allow this subdivision to go forward without any bond in
<br />place, all 92 lots will be farmed, they will be sold, and that particular parcel with the problem on
<br />it, meaning the coal ash, will be abandoned, and the coal ash will remain and will become the
<br />County's responsibility. I've done the numbers. It was two years ago. At that time, I thought it
<br />was a $3 million in the event that they were forced to truck it over to Kona to a landfill and dump
<br />it there.
<br />Also, I'd like to bring to your attention that -, and I'd like to recommend that you ask the
<br />subdivider and the facilitate -, BEI, to put up a second bond in the amount of $3 million, no,
<br />yeah, $3,650,000 in the event that the County of Hawai`i finds them in violation of the Zoning
<br />Code, back 10 years, due to -, and due to fraud. That would be if they were fined the maximum
<br />amount of $1,000 a day.
<br />nd
<br />I have a letter here that I just received. It's dated July 2, 2003. It's to Ms. Janice Fujimoto,
<br />Solid and Hazardous Waste Branch, Department of Health. "Dear Ms. Fujimoto: Regarding
<br />Special Management Area Use Permit No. 221, Applicant Hilo Coast
<br />Waste Management Permit RY-0053-02, Beneficial Reuse of Coal Ash, Hilo Coast Power
<br />Company and Continental Pacific, LLC, TMK: 2-8-7-1 and Parcel 53." We have -, this is from
<br />Christopher Yuen. "We have received a copy of the letter sent to BEI, LLC and to Continental
<br />st
<br />Pacific, LLC on May 21, 2003, regarding the stockpiling of coal ash on TMK Parcel 1. I have
<br />met with representatives of HCPC regarding this activity and have come to an informal
<br />agreement to allow the stockpiling and removal of coal ash pending an application for a special
<br />permit to legitimize this operation. We are requesting that you consider this letter as a temporary
<br />zoning clearance for the solid waste management permit applicati
<br />Continental Pacific, LLC. Thank you for your consideration in this matter. Christopher Yuen."
<br />I would like to read the conditions of the solid waste permit that is actually -, it was a renewal
<br />permit. They had been operating for five years with everybody's
<br />pile was on Industrial zoned land.
<br />GALDONES:Ms. Rohr, may I interrupt you? Is the coal -, I'm trying to look through
<br />my notes, and I'm not so sure if that coal ash is part of those three applications that Continental
<br />Pacific is coming before us. If it's not before us -.
<br />ROHR:It is, it's on -.
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