No delay for landfill hearing


POSTED: Saturday, June 20, 2009

A Circuit Court judge has denied a request by City Council Chairman Todd Apo to delay a contested-case hearing on the city's application to extend the life of the Waimanalo Gulch Landfill.

The hearing is scheduled to start Monday before the city Planning Commission, and commissioners have indicated they aim to conclude the proceedings that day.

At issue is the city's application to expand the landfill and extend its use by an additional 15 years. The landfill was scheduled to close a year ago, but the city sought an extension of the special use permit, citing cost and inability to find an alternative site. An extension was granted until Nov. 1.

The application already is being contested by the Ko Olina Community Association, represented by Sen. Colleen Hanabusa and Rep. Maile Shimabukuro.

Apo, who like Hanabusa lives in Ko Olina, had sought to join the case on his own and as the Council member representing the district, not on behalf of the City Council.

His motion to intervene was denied by a 7-1 vote of the commission last week.

Apo appealed and sought an emergency stay to postpone Monday's hearing while his case is heard, but the motion was denied yesterday by Circuit Judge Eden Elizabeth Hifo.