COM 0764.023 2022-2024 - Laserfiche WebLink

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• �fM Mitchell D.Roth Ramzi I.Mansour •Mayor +. � a,.'��/�• Director Deanna S.Sako • +'•.:T Brenda Iokepa-Moses Managing Director ., `°_"'•"�`'. Deputy Director •County ofHawai'i Qc, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 •Hilo,Hawaii 96720•cohdem@hawaiicounty.gov `s_ Ph: (808)961-8083 •Fax:(808)961-8086 -11 DATE: May 2, 2024 ,,, w - TO: Heather Kimball, Chair ''J And members of the Hawai`i Cou ouncil FROM: Ramzi Mansour, Director Department of Environments anagement SUBJECT: Bill 140: An Ordinance Amending Chapter 20 of the Hawai`i County Code 1983 (2016 Edition, as Amended), Relating to Solid Waste Facilities. Thank you for referring Bill 140 to the Department of Environmental Management on March 19, 2024, for our review and comment. DEM cannot recommend support of Bill 140. While we appreciate the intent, the Department is concerned that this bill removes its flexibility to adjust its operations, and thereby potentially interferes with the Department's responsibilities to best serve the public within its allocated resources. Further, DEM is concerned that an ordinance that requires the County administration to expend funds that were not previously appropriated raises issues related to the separation of powers as specified in Section 3-1 of the Hawai`i County Charter and Article X relating to financial procedures and budgeting. These issues would need to be resolved through the Office of the Corporation Counsel. The appropriate method for the Council to adjust services is by amending the Operating Budget for FY 24-25 to ensure the allocation of funds necessary for the transfer station operations proposed. In this regard, the Department concurs with the Environmental Management Commission, which voted to support the intent of Bill 140, while abstaining from making a specific recommendation on how to achieve that intent. DEM recommends that the Council follow the established method for adding services through the budget process for fiscal year 2024-25 by introducing an amendment to increase the appropriation to the Solid Waste Fund by approximately $100,000. For your information, the cost to operate Kalapana Transfer Station in FY 22-23 was $132,895. DEM's funding request is based on a review of the annual operations at similarly sized transfer stations that are open three days a week in East Hawai`i. Increasing the budget appropriation will Comm. No. Hawai`i County is an Equal Opportunity Provider and Employer Ref. To: Ref. Date MA — 2 2024