HomeMy WebLinkAboutREP EMC 003 01/04/2005 2004-2006 RGPORI' OF'1'HE COMMITTEE
ON ENVIRONMENTAL MANAGEMENT
DATE: January 4, 2005 RE: Comm. No. 50/Bill 17
PLACE: Councilroom
TIME: 10:00 a.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Environmental Management, to which was referred Communication 50 and Bill 17,
reports as follows:
Bill 17, transmitted via Communication No. 50, from Environmental Management Director Barbara Bell on
December 16, 2004, creates a uniform enforcement process for the department and provides an appeals
process for decisions made by the Director of Environmental Management.
ff the director determines that any person has violated chapter 20, 21, or any of the department's rules, the
director, or the director's designee, may issue an order that includes a penalty. This bill creates an appeals
process for the person to contest the director's decision consistent with due process. The appeals process
shall be conducted as a contested case hearing under Chapter 91. The Environmental Management
Commission will hear the appeals. The bill's enforcement mechanisms will allow the department to pursue
enforcement matters in a timely manner, while protecting the rights of the accused, without unduly burdening
the courts.
The Environmental Management Commission unanimously recommended approval of this ordinance.
As affirmed by the record of votes of the members, your Committee concurs with the intent and purpose of
Bill 17 and recommends it pass first reading.
js
AYES NOES A&E EX Respectfully submitted
ARAKAKI i X
HIGA X COMMITTEE ONENVIROMENTALMANAGF,MF.NT
HOEFMANN X
~ ~i~/'.1 /ll ' l~
HOLSCHUH X ~
IKEDA X BOB JACO S N, CHAIR
ISBELL X
JACOBSON X ~ _
PILAGO X F,MC REPORT NO 3
sAf:AR,K x ADOPTED: JAN 21 2005
-