2018-04-05 Hearing Transcript - Hu Honua Bioenergy SMA 221 (Dec Ruling)

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WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 5, 2018 A regularly advertised hearing on the Petition for a Declaratory Ruling for HU HONDA BIOENERGY LLC (SMA 221) was called to order at 1:35 p.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joe Clarkson, Donn Dela Cruz, Donald Ikeda, Thomas Raffipiy, and John Replogle. ALSO PRESENT: Michael Yee (Planning Director), Malia Ho Hall (Deputy Corporation Counsel for the Windward Planning Commission), Ronald Kim (Deputy Corporation Counsel for the Planning Director), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Shancy Watanabe (Planner), Melissa Dacayanan (Planning Commission Support Technician), and Sarah Hata-Finley (Commission Secretary). And 33 members from the public in attendance. PETITIONER: HU HONDA BIOENERGY LLC (SMA 221) Petition for a Declaratory Ruling on Condition No. 5 of Special Management Area Use Permit No. 221, which originally allowed the establishment of a coal storage area and a coal burning energy plant and related improvements, and which was amended to allow a change in fuel source from coal to biomass, to upgrade the existing facility and to construct support facilities and infrastructure. Condition No. 5 reads in part "Sound levels shall follow Department of Health rules for residential areas (55 dBA daytime), HAR, Title 11, Chapter 46 (Community Noise Control), and noise at the site property boundary shall be limited to 55 dBA at all times. " The property is located at the former Pepe`ekeo Power Plant, Makahanaloa, South Hilo, Hawaii, TMK: (3) 2-8-8:104 (formerly 2-8-7: Portion of 53). CLARKSON: The next item on the agenda is Item No. 4. There is a petition from Hu Honua Bioenergy LLC for a declaratory ruling. One of the things the Commission has to do is decide which of three options to take with regard to this petition at this time. Our rules state that we can either decline the petition, accept the petition and prepare a declaratory ruling, or hold a hearing on the petition. And, in deference to the request of the Petitioner to hold a hearing, and in deference to the fact that you all have wanted to be here for a hearing, I'm going to ask for a motion that we hold a hearing on this matter right now today. If someone would kindly make such a motion, the Chair would appreciate it. You guys understand where we are at? For the benefit of the Commission, I'll read Rule 3-1(c): "Within sixty days after the submission of a petition for declaratory ruling, the Commission shall either deny the petition in writing, stating the reasons for such denial or issue a declaratory order on the matters contained in the petition, or set the matter for a public hearing ...." And, I've been informed that the legal notices required for a public hearing have been met, and that of those three options the public hearing one is 10V1111.11 11