2018-04-05 Hearing Transcript - Hu Honua Bioenergy SMA 221 (Partial Remand)

Home

PAIK: Thank you, Chairman and Commissioners. My name is Koohan Paik. Okay, the Public Utilities Commission—and this may sound like I'm off topic but I bring it back—the Public Utilities Commission approved Honua Ola, which is its new name. I'm the only one who uses it. After taking the company's word at face value that it had a plan for disposing the continual stream of ash waste that it would produce. The company assured them that the ash would be trucked to the West Hawaii Landfill. The company has no standing to make such a statement because no application has been made, no permit has been issued for this, and it would be a month's long process. So, where's all this ash going to go? You're the Planning Commission. I'd like to know. But, the reason I bring this up is because now Honua Ola is telling us that the storm water drainage will have no negative impact on public shoreline so, therefore, they don't need to do any repair, any replacement, just leave it as is. So, are we to take the company's word again at face value that they've spoken after they've disproven their credibility? The storm water will be coming off their 17 -acre property, coming into direct contact with ash debris, wood, chemicals, and other parts of this biomass facility before draining onto public land and shoreline. A portion of Honua Ola's outfall is on public land. There should be no question that this should trigger an environmental assessment or an EA for those who don't know that term. Even the administrator of DLNR has confirmed in a letter dated April 4, quite recently, 2018, that Honua Ola must comply with Chapter 343 of the Hawaii Revised Statutes and do an environmental assessment. Yet, Honua Ola president, Warren Lee, stated to Commissioner Clarkson of the Windward Planning Commission in a letter dated February 27, 2018, and just read recently this morning, that the drainage will have no negative impact on the public shoreline. He makes his argument simply by citing a long list of State and County requirements in that letter. But, just because he lists the laws doesn't mean he is following the law. Take, for example, Condition 5 of the SMA Permit 221 that the Planning Commission has already issued to Hu Honua. The condition requires them to follow DOH limits to noise. They have no intention of following this law which is why they're here today for Item No. 4, to seek an exemption to the noise ordinance. You have, anyway, let me skip down because I've mixed my testimonies with the next item on the issue. Well, Honua's policy seems to be act now and apologize later. This is not acceptable. You cannot bring coral back after it's been bleached. You cannot decontaminate an aquifer that's pristine. You cannot dispose of a mountain of ash with the snap of the fingers no matter how many times you apologize, no matter how many exemptions you seek and are granted. Our environmental assessment law was crafted as a tool to identify impacts beforehand and provide mitigative relief. I humbly request that you protect our interests in Hawaii, not the interests of the San Francisco owner of Honua Ola. And, please implement our environmental law that we worked so hard for in the State of Hawaii. Mahalo. [Clapping in audience.] EXHIBIT C 12