The Honolulu Planning Commission decided this week to make a recommendation in October on the future of the Waimanalo Gulch Sanitary Landfill in West Oahu.

Meanwhile, the attorney representing former U.S. Rep. Colleen Hanabusa continues to oppose the use of the West Oahu landfill and argue that the city should be fined daily by the state for operating it illegally.

Dean Hazama, Planning Commission chairman, said Thursday that the commission voted Wednesday to deny a request by the city, the Ko Olina Community Association and state Sen. Maile Shimabukuro (D, Kalaeloa-Waianae-Makaha), and Schnitzer Steel to extend proceedings through April while they continue to hash out a long-delayed settlement to resolve the matter of whether the landfill should be allowed to continue operations.

The commission is now slated on Oct. 26 to issue a recommendation — to be forwarded to the state Land Use Commission — on whether the city should get an extension of a special permit that allows the landfill to continue, Hazama said.

For years the Ko Olina association and Hanabusa fought to shut down the landfill, opposing city efforts to expand and extend its operable life. They argued that the landfill’s odors and other concerns were an affront to Leeward Coast residents and that the city has been foot-dragging on its promised efforts to examine the idea of relocating the landfill.

But the association and Shimabukuro, Hanabusa’s successor as the area’s state senator, have been working on a settlement with the city while Hanabusa has not, said Richard N. Wurdeman, Hanabusa’s attorney.

Hazama said he expects the commission will recommend the LUC grant the city’s request for extended use of the landfill. While he appreciates the argument being made by Wurdeman and Hanabusa, Hazama said, “we have to have an operating landfill. I think it’s unreasonable to expect the city to just close it down.”

The LUC had previously issued a permit extension for the city, but only with the stipulation that the city stop accepting municipal solid waste (except ash) beyond July 31, 2012. The Hawaii Supreme Court ruled in May 2012, however, that the state acted improperly by imposing a deadline for the landfill’s closure despite the continuing need for the facility to operate beyond that date. The court also determined that the LUC, even though it issued the special-use permit, did not have the authority to impose a deadline on the city.

The court kicked the matter back to the LUC, which in turn remanded it to the Planning Commission for its recommendation. The matter has been in the city commission’s hands since December 2012.

“That’s my hope, that we can move this along so that at least the city will have a valid permit that will allow it to operate it,” Hazama said.

Wurdeman took exception to Hazama’s comments, noting that attorneys both recommending approval and rejection of an extension of the landfill’s life have until Oct. 14 to submit proposed findings and conclusions.

“It makes you wonder whether they’re predetermining the case,” Wurdeman said. “I’m disheartened to hear Mr. Hazama making his conclusion without the matter being fully heard and briefed by the board.”

The Supreme Court stated in May 2012 that the imposition of a July 31, 2012, end date was a material condition of the special-use permit, he said.

City officials have argued that the city has made strides in reducing the amount of trash going to the landfill, such as developing a third boiler at the city’s waste-to-energy incinerator at HPOWER, but that it’s taking time to implement other alternative disposal methods.

City Environmental Serv-ices Director Lori Kahikina, in a statement Thursday, reiterated that position: “In light of the city’s steeply declining use of the landfill and its ongoing effort to reduce waste streams, we look forward to working toward our goals of increased recycling and further diversion of waste from the landfill, while having a reliable landfill available to protect the public’s health and safety.”