March 15, 2005

Mr. Henry Eng, FAICP

Director, Department of Planning and Permitting

650 South King Street, 7th Floor

Honolulu, HI. 96813

Dear Mr. Eng,

RE:  Request for Clarification, Land Use Determination

            Island Recycling, Inc.

On June 1, 2004, I wrote to the former DPP Director (Eric Crispin), requesting that he provide clarification 

of his May 7, 2004, decision (letter), in which he reversed the department’s position regarding Island Recycling, 

Inc.’s (IRI’s) land use classification.  Having never received a response, I am now asking you, as the new 

DPP Director, to respond to my request.

By way of background, the DPP wrote 4 or 5 letters, most of which were signed by Director Crispin himself, 

stating that IRI was not a General Manufacturing, Packaging and Processing Establishment, but fell under the 

land use classification of a Waste Disposal and Processing Facility. EnviroWatch, Inc. believes that this 

determination was correct.

However, on May 7, 2004, following a meeting with IRI and their agent (David Robichaux), Crispin suddenly 

reversed himself and stated that IRI is General Manufacturing, Packaging, and Processing.  This decision was 

made so that IRI would not have to apply for a Conditional Use Permit (CUP), which is required for Waste 

Disposal and Processing Facilities in the I-2 Industrial-zoned district.  Additionally, IRI would first need to 

apply for a variance, because they lacked the minimum lease term to apply for a CUP.  IRI’s agent stated that 

they did not want to have a public hearing because that would allow the public to express opposition and raise 

environmental and other concerns.

This sudden reversal, which EnviroWatch, Inc. believes was done to assist IRI in their quest for the City’s 

island-wide recycling contract, has important implications for other Waste Disposal and Processing Facilities 

on Oahu.   The decision sets a precedent, which can be utilized by other, similar operations, and stands to 

undermine the Land Use Ordinance classifications and the land use permits required for these classifications.  

The LUO has regulations requiring CUP’s because of potential adverse impacts, and to circumvent the CUP 

procedure may jeopardize public health and safety on our island.   

I will not go into further detail regarding my June 1, 2004, letter and the arguments presented therein.  I would 

like you to review my letter in its entirety.  Suffice it to say that I believe I have proven my argument, based 

upon an analysis of the classifications, and an Interpretation made by the department several years ago.

Under the previous administration, I called DPP several times to inquire about the status of the departmental 

response to my letter, but have had no response.  More recently, I had two telephone conversations with your 

secretary, and one with your Deputy, Mr. David Tanoue.  Having waited for ten months, I sincerely hope that 

under your directorship I will receive your timely response to my inquiry.  For your convenience I am attaching 

a copy of my June I, 2004, letter to former Director Eric Crispin.

Sincerely Yours,

Carroll E. Cox, President

EnviroWatch, Inc.