Pursuant to the Governor’s Emergency Proclamation Related to Sunshine Law In-Person Meetings dated December 29, 2021, the requirement to have at least one in-person meeting location has been suspended through February 28, 2022.  No in-person meeting location will be provided during this time period, unless the suspension is earlier terminated or superseded by a separate proclamation.

View the notice of continuation to January 7, 2022, at 9:00 a.m. HERE. The Zoom link will remain the same.

View the posted agenda for the December 29, 2021 meeting here

(The next regular meeting is scheduled for January 26, 2022)

NOTICE OF SPECIAL MEETING

 ENVIRONMENTAL MANAGEMENT COMMISSION, COUNTY OF HAWAIʻI

 Based on the Governor’s Proclamation regarding COVID-19, this meeting will be online only with no location available for the public. This is to prevent the spread of COVID-19 and to maintain social distancing.  The public may attend either in person, online, or by telephone.

                        DATE:             January 7, 2022

                        TIME:             9:00 a.m.

ONLINE:        Via Zoom
https://www.zoomgov.com/j/16031058165

(Meeting ID: 160 3105 8165)

                        PHONE:         +1 669 254 5252 (Enter the meeting ID, see above, and the # sign)

STATEMENTS FROM THE PUBLIC:  Anyone wishing to provide written testimony on an agenda item may do so by submitting it in writing or by fax. To ensure timely delivery to commissioners prior to the meeting, written testimony must be submitted before 12:00 noon on the business day prior to the meeting by (1) email to peter.sur@hawaiicounty.gov or (2) facsimiles to (808) 961-8086. When submitting written testimony, please specify for which agenda item it is being submitted. All written testimony will be part of the permanent record. Oral testimony will be taken, subject to applicable statutes and rules of procedure.

1. CALL TO ORDER

2. PUBLIC STATEMENTS ON ITEMS ON THE AGENDA

3. NEW BUSINESS

CONTESTED CASE HEARING

Kai Ala Partners LLC appeal of the Director’s decision to bill two wastewater accounts for TMK Nos. (3) 7-5-019:018 and (3) 7-5-019:026.

The above Contested Case Hearing is to take place in accordance with Chapter 91 of the Hawai‘i Revised Statutes and Part 3 and 7 of the Environmental Management Commission Rules of Practice and Procedure.

 The issues involved in the above-referenced hearing will be Kai Ala Partners LLC’s appeal of the Department of Environmental Management Director’s decision to bill two wastewater accounts for TMK No. (3) 7-5-019:018 and (3) 7-5-019:026.

 This hearing is being set pursuant to Kai Ala Partners LLC’s Appeal dated October 12, 2021.

 The Commission anticipates convening an executive meeting regarding the above Contested Case Hearing matter, pursuant to Hawai‘i Revised Statutes Section 92-5(a)(4), for the purpose of consulting with its attorney on questions or issues regarding the Commission’s powers, duties, privileges, immunities, and liabilities. A two-thirds vote of the Commission’s total membership is necessary to hold an executive meeting.

4. ADJOURNMENT 

Note: A meeting held by interactive conference technology shall be automatically recessed for up to 30 minutes to restore communication when audiovisual communication cannot be maintained with all members participating in the meeting or with the “in person” location identified in this agenda. The meeting may reconvene when either audiovisual communication is restored, or audio-only communication is established after an unsuccessful attempt to restore audiovisual communication. If it is not possible to reconvene the meeting as provided in this subsection within 30 minutes after an interruption to communication, the meeting will be in recess and will attempt to reconvene at 9:00 a.m. on December 30, using the same meeting ID listed on Page 1 of this agenda. If at that time a quorum of remote members and the in-person members are unable to establish and maintain at least an audio-only connection, then the meeting shall be automatically terminated.

 The special meeting place is accessible to persons with disabilities. To request an auxiliary aid or language translation, please call (808) 961-8083 five days prior to the meeting date. Comments may be sent to the Department of Environmental Management, 345 Kekūanāoʻa Street, Suite 41, Hilo, Hawaiʻi 96720, or emailed to cohdem@hawaiicounty.gov.