Attorneys for the city and the Ko Olina Community Association told the state Land Use Commission on Thursday that they want an additional 18 months to settle a long-running dispute involving the Waimanalo Gulch Sanitary Landfill at Kahe Point.
The association has fought for more than a decade to shut down the landfill, opposing city efforts to expand and extend its operable life. The association has argued that the landfill’s odors and other concerns are an affront to Leeward Coast residents as well as those in the burgeoning Ko Olina resort community. It has also accused the city of foot-dragging on its promised efforts to examine the idea of relocating the landfill.
But Thursday’s discussion among association attorney Calvert Chipchase, city Deputy Corporation Counsel Dana Viola and LUC members made it evident that the association is backing off a complete closure in favor of allowing the contentious facility to stay open indefinitely, but only for very limited, low-impact uses.
The city’s efforts to divert as much of Oahu’s waste stream to its HPOWER waste-to-energy facility as possible have progressed nicely, and the two sides want additional time so the city can develop other ways of sending more trash elsewhere, Viola told commission members.
“In light of the accomplishments that the city has already made, and the city intends to continue to focus on diversion of the waste stream from the landfill, the parties want to continue to negotiate with that common goal of continuing diversion,” Viola said.
Chipchase, who also represents state Sen. Maile Shimabukuro (D, Kalaeloa-Waianae-Makaha) in the matter, said that within two months the two sides will present an agreement to the city Planning Commission that will stipulate what issues remain, specifically the “continuing diversion objectives … and realistic time frames” to be undertaken by the city, and state that they intend to reach a final settlement within 16 months.
But whether such an agreement will fly is uncertain. Former U.S. Rep. Colleen Hanabusa, Shima- bukuro’s predecessor in the Senate, is also an intervenor in the challenge against the city’s continued use of the landfill but has not been a party to the discussions.
Neither Hanabusa nor her attorney, Richard Wurdeman III, attended Thursday’s LUC meeting.
Reached Thursday night, Wurdeman said his client wants no part in any settlement.
“Colleen Hanabusa’s position has always been and continues to be that the landfill should be closed, period,” Wurdeman said. “We have not been a party to any discussions between the community association and the city.”
The ball is currently in the city Planning Commission’s court because it has before it a special-use permit request from the city Department of Environmental Services to allow the landfill to continue operations. That’s because the community association’s challenge to the city’s 2008 application for a special-use permit to expand the landfill ended up at the Hawaii Supreme Court.
The court, in May 2012, said the LUC’s decision to require the landfill to stop accepting municipal solid waste (except ash) beyond July 31, 2012, was incorrect because there was a continuing need for it to accept waste beyond that date.
The court kicked the matter back to the LUC, which in turn remanded it to the Planning Commission. The city panel first took up the issue in December 2012. In February 2013, the city, Chipchase and Hanabusa agreed to a two-month continuance to allow them to settle the matter outside of official proceedings. It has not appeared on a Planning Commission agenda since.
Asked by commission member Jonathan Scheuer on Thursday why the parties needed an additional 18 months, Viola said that while the city has made strides in reducing the amount of trash going to the landfill, it’s taking time to implement other alternative disposal methods.
The city has not yet reached a decision on an alternative site because “the criteria to determine the viability of the site have changed from 2009,” she said.
Commission member Arnold Wong said he’s worried that Leeward Coast residents are viewing the situation as yet another example of their community being treated unfairly.
Commission members also voiced concern that neither Hanabusa nor Wurdeman was present at the meeting and that they did not know whether they will agree to the stipulated agreement. Commission members urged Viola and Chipchase to try to reach them.
Wurdeman said Thursday night, “We have not been a party to discussions between the association and the city. We have absolutely no idea about what is being discussed between them at this point.”
As far as Hanabusa is concerned, the city does not have a valid permit and is operating the landfill illegally, he said.
Environmental Services officials estimate more than 78 percent of municipal solid waste is either going to HPOWER’s three boilers or being recycled. One significant step was reached recently with technology that allows residue sludge from wastewater processing to be accepted at HPOWER.
Lori Kahikina, the city’s environmental services director, told the Honolulu Star-Advertiser after the meeting that the city’s goal is to get to the point where ash from HPOWER and noncombustible residue, which cannot go into HPOWER, are the only things going into the landfill.
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Correction: An earlier version of this article gave an incorrect first name for Land Use Commission member Arnold Wong.