Timeline of Landfill Closure Agreement in Ko Olina Community

The landfill in Ko Olina received a special permit in 1987 with a projected life of eight years. It was expanded in 1989 and faced public objections in 2003 when an agreement was made to extend its operation by 15 years. Promises were made to close the landfill in 2008 but negotiations and community concerns led to delays and adjustments in the closure timeline.

• Landfill Closure
• Ko Olina Community
• Environmental Agreement
• Public Concerns
• Hawaii

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1. In re ENV, Docket No. SP09-403, Planning Commission File No. 2008/SUP-2 When Was the Landfill Supposed to Be Closed? Ko Olina Community Association and Senator Maile Shimabukuro

2. Eight Years 1987: the Landfill receives an special use permit to operate on 60.5 acres o 2011AP Ex. K69 (04/20/87 LUC Decision) (emphasis added); KOCA s Proposed FOF 234 LUC s stated purpose for the Landfill: "serve the Leeward Communities for disposing raw refuse. . . . o 2011AP Ex. K69 7 ( 29) (4/20/87 LUC Decision); KOCA s Proposed FOF 234 The "projected full-life" of the landfill was "approximately eight years." o 2011AP Ex. K69 7 ( 29) (4/20/87 LUC Decision); KOCA s Proposed FOF 234 1989: the Landfill begins operations o 2011AP Ex. K93 at 2 (9/08 ENV status report); KOCA s Proposed FOF 236

3. 26-Acre Expansion Also in 1989, the site was expanded by an additional 26 acres. o 2011AP Ex. K70 at 5 ( 18), 9 (10/31/89 LUC order); KOCA s Proposed FOF 238

4. 2003 Agreement As the Landfill approached capacity, the ENV proposed that the site be expanded by 60 acres and extended "for another fifteen years." o 2011AP Ex. K85 at 96:18-20 (3/27/03 Tr.: Doyle) (emphasis added); KOCA s Proposed FOF 239 The community objected because of health and safety concerns. o 2011AP Rezentes Written Direct Testimony at 3-4 ( 8-10); KOCA s Proposed FOF 240 The community identified Mayor Frank Fasi s promise that the Landfill would only be used until the original acreage was filled. o 2011AP Rezentes Written Direct Testimony at 3-4 ( 8-10); KOCA s Proposed FOF 240

5. 2003 Agreement In 2002, after numerous and lengthy meetings with the community, former acting ENV Director Frank Doyle told the community that if it allowed some expansion to the Landfill, the ENV would commit to close the Landfill in 2008. o 2011AP Rezentes Written Direct Testimony at 4 ( 12); KOCA s Proposed FOF 241 In exchange, the community tended to back off, and the process went through the Planning Commission and the [LUC]. o 2011AP Rezentes Written Direct Testimony at 4 ( 13); KOCA s Proposed FOF 242 "Based on those sincere promises[,] the community stood down in reliance that the City would hold to its word and close the landfill. o 2011AP 2/8/12 Tr. at 16:1-4 (Williams); KOCA s Proposed FOF 242

6. 2003 Agreement In the 2003 LUC proceedings, Director Doyle repeatedly expressed the ENV s commitment to close the Landfill in 2008. o KOCA s Proposed FOF 244 "[W]e had originally thought that we would have this landfill operate for another 15 years. And then as part of our discussions with the community and in trying to take a look at their concerns it was reduced to a five-year operation." o 2011AP Ex. K85 at 96:18-22 (3/27/03 Tr.: Doyle); KOCA s Proposed FOF 243

7. 2003 Agreement "COMMISSIONER COPA: Do you honestly think that we will have a site, another site picked for a landfill? And if so do you think that you could commit that without a doubt that this landfill will close? -MR. DOYLE: We have made that commitment, yes." o 2011AP Ex. K85 at 125:7-11; KOCA s Proposed FOF 244(a) "MR. DOYLE: Right. At the time that we made the selection, we selected Waimanalo Gulch to be expanded. Now, based on our commitment to be out of that area within five years there still are other alternatives. o 2011AP Ex. K85 at 128:2-5 (3/27 /03 Tr.); KOCA s Proposed FOF 244(b) "MR. DOYLE: .... The City has committed and Planning Commission has certified that we will be out of that site, that's a condition, we will be out of that site in five years [ ] Everything that we are going to be doing over that time period, this time period before you is to be out of that site. That's the city's commitment. o 2011AP Ex. K85 at 145:21-146:2 (3/27/03 Tr.); KOCA s Proposed FOF 244(c)

8. 2003 Agreement Others in the proceeding also cited the five-year closing deadline: Q. So in fact, it was a compromise with the community that drove the five-year deadline and not the solid waste management permit; isn't that right? A. By this testimony, I would assume that was correct at the time. o 1/11/12 Tr. at 32:3-7 (Steinberger) o KOCA s Proposed FOF 243

9. 2003 Agreement Consistent with the City s commitment to the community, no request for intervention was ever made and there was no contested case hearing o See 2011AP Ex. K2 (6/9/03 LUC Order); KOCA s Proposed FOF 245 The LUC directed the Honolulu City Council to select a new site by June 1, 2004 and to close the Landfill by May 1, 2008. o 2011AP Ex. K2 at 7 ( 1), 9 ( 12), 10 ( 15) (6/9/03 LUC Order); KOCA FOF 246

10. Reliance Businesses were started and homes were purchased in the area with the understanding that the Landfill would close in 2008. o 2011AP Munson Written Direct Testimony at 3 ( 5), 9 ( 21); 2011AP 2/8/12 Tr. at 15:11-15 (Williams); 2011AP Williams Written Direct Testimony at 13 ( 29.j); KOCA s Proposed FOF 247

11. The Site Selection Committee Later in 2003, ENV convened a site selection committee. The SSC identified several potential sites for a new landfill, none of which included the WGSL. o 2011AP 1/11/12 Tr. at 50:17-21 (Steinberger); 2011AP Ex. K58 at 5 (12/1/03 SSC report); KOCA s Proposed FOF 248 This recommendation was consistent with the ENV's representations to the LUC that the committee would not be able to select the existing Landfill as the "new" landfill. o KOCA FOF 249

12. The Site Selection Committee "CHAIRPERSON ING: ... This proposed Blue Ribbon committee, could the come out with a recommendation that this Waimanalo Gulch landfill be expanded? MR. DOYLE: No." o 2011AP Ex. K85 at 177:22-25 (3/27/03 Tr.: Doyle); KOCA s Proposed FOF 249

13. What the Council Did But in 2004, the City Council chose not to follow the committee s recommendation. Instead, it passed a resolution to select Waimanalo Gulch as the new landfill. o 2011AP 1/11/12 Tr. at 52:6-15 (Steinberger); KOCA FOF 251 On December 3, 2008, the ENV filed the 2008 Application for a new special use permit to utilize an additional 93 acres, for a total of 200 acres. o 2011AP Ex. K12 at 2 ( 5) (8/4/09 Commission order); KOCA s Proposed FOF 256