2012-10-24 Minutes Environmental Management Commission

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Discussion of whether the Commission should request that the Hawaii County Council amend Ordinance 12- 114/Hawai'i County Code § 2 -207 to allow Council or Commission waiver of review of legislation by the Commission when such waiver would be in the public interest. - The discussion on this matter centered around the possibility that the Council might need to take action before the mandated 45 -day review period by the Commission and Department Director. - There is no provision in the Ordinance now that would allow for a waiver by either the Council or the Commission. - One suggestion was that a sub - committee be formed to waive review of legislation but Corporation Counsel informed the commissioners that a sub - committee would have no authority to do so. - The following draft language was provided by Corporation Counsel for review and discussion (attached to original minutes): "The EMC respectfully recommends that the County Council consider amending Section 2 -207, Hawaii County Code, to provide for the EMC Chairperson, upon request from the Council Chairperson, to have discretion to waive EMC review of County legislation affecting DEM. One possible new paragraph: "The chairperson of the commission shall have the authority to waive the foregoing requirement to submit comments and recommendations on legislation relating to functions and duties of the department under the following circumstances: (1) The chairperson of the County Council makes written request to the chairperson of the commission to waive said requirement of commission submission of comments and recommendations for a specific proposed legislation; (2) The chairperson of the County Council, in said written request for waiver certifies reasons for the waiver in the public interest, such as to respond to an officially declared emergency, or other good cause in the public interest; and (3) The chairperson of the commission, in his or her reasonable discretion, concurs with such reasons and grants such waiver for a specific proposed legislation, in writing and addressed to the Council chairperson." The following additions were made to the draft: • In the second paragraph, first sentence, add "or in his/her absence, the vice chair," following "chairperson ". • Add "and states reason for concurrence." Following "chairperson" in (3). • Add "All commission members shall be advised of the waiver and copied in the original letter to council." in (3). Commissioner Boren made the motion to approve sending a request to Council to amend the ordinance using the draft language provided by Corporation Counsel with the three additions that were discussed. Commissioner Randle seconded the motion and it passed unanimously. 8. FUTURE AGENDA ITEMS • Volcano Transfer Station Presentation by Volcano Community Association (November meeting) • Long Term Plans for the Parker Ranch Waimea Wastewater Treatment Plant (November meeting) • Department Plans far joint billing with Department of Water Supply (November meeting) • Scheduling of 2013 Meetings (November meeting) • Sewer Connection Waiver /Exemption Policy Update to include expected date of implementation.