The state Senate president and the Ko Olina Community Association are arguing a state commission cannot legally grant the city permission to extend the life of the Waimanalo Gulch landfill.

The city disagreed yesterday, saying the arguments were meant to delay a process that is within the purview of the state Land Use Commission.

State Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), and the association have asked the commission to deny the permit application, and say the commission has no legal right to rule on the extension if it does not involve a geographic expansion of at least 15 acres.

Hanabusa yesterday cited state Supreme Court rulings, previous landfill permit applications, what she called the need for another environmental assessment and the land use commission's own rules as reasons why it could not consider the matter.

"The way the rules are structured, we believe the land use commission does not have jurisdiction and that you cannot consider what has been subsequently filed," Hanabusa, an attorney, told the commission. "They (the city) are supposed to close this whole situation May 1. They just need more time to do more landfill because they don't have alternatives right now."

City deputy corporation counsel Gary Y. Takeuchi said the commission has considered similar permits in the past and clearly has a legal precedent to rule on the city's application.

"These arguments have no basis. These types of motions are redundant and unnecessary and part of this effort to delay this proceeding," said Takeuchi. "We're just asking for an extension of time. The environmental disclosures required by law have already been met. We would ask you deny these petitions."

The commission is considering a city request to extend the life of the landfill by two years. The commission will meet again today and issue a decision on the motions.

If granted, the opponents' motions will send the question back to the city planning commission, which previously approved the city's request to extend the landfill life, and the process will re-start. A special-use permit to operate the 107.5-acre facility is due to expire May 1.

Hanabusa and the association took a similar step before the Honolulu Planning Commission, which granted their request to intervene when it considered the city's request.

The planning commission approved the city request, and forwarded it to the land use commission.

Mayor Mufi Hannemann on Wednesday said the permit to extend the landfill should be granted, and accused Hanabusa of representing Ko Olina corporate interests instead of her constituents.

"I'm just being real; the senator needs to be realistic about what we're faced with. We're doing everything we can to mitigate the opala going into the landfill," said Hannemann. "It is another delay tactic, another opportunity to confuse a decision-making body. She just needs to cool her jets and realize we're doing everything we can for the Wai'anae Coast."

Hanabusa said the Hannemann administration has been aware the landfill was overextended since he took office. She said the city needs to better integrate recycling, trash shipment and a third H-Power generator to negate the need for a landfill.

"I don't know what his (Hannemann's) problem is; he must be really worried. My opposition to this landfill goes back to 1999. He's had five years and they haven't done anything," Hana-busa said Wednesday. "This is a continuing issue with the people of the Wai'anae Coast who do not want landfills."

Reach Peter Boylan at pboylan@honoluluadvertiser.com.