Saturday, December 14, 2019
Hawai'i Free Press

Current Articles | Archives

Thursday, April 10, 2014
Pine Introduces Legislation to Combat Illegally Dumped Sludge
By Councilmember Kymberly Marcos Pine @ 4:02 PM :: 3810 Views :: Honolulu County, DHHL, Environment

Councilmember Pine Introduces Legislation to Combat Illegally Dumped Hawaii Kai Sludge and Other Environmental Hazards in Oahu’s Communities

News Release from Office of Councilmember Kymberly Marcos Pine April 10, 2014

HONOLULU — In response to illegal grading of Hawaii Kai Marina sludge on the Waianae Coast, Councilmember Kymberly Marcos Pine introduced legislation to restore environmental justice throughout Oahu’s communities. Bills 35, 36, and 37 were drafted with input from Leeward Coast community leaders and public policy advocates, and developed in response to the rampant and illegal stockpiling and grading occurring throughout Leeward communities.

“It’s simply unacceptable for commercial enterprises and individuals to continue to use the Leeward Coast as their dumping ground. These new rules will bring environmental justice to the Leeward Coast and communities throughout the City & County of Honolulu. New enforcement tools will help the City hold willful and repeat violators accountable to the community,” Councilmember Kymberly Marcos Pine said.

Councilmember Pine has been working with community and environmental advocates in the Leeward Coast community to make environmental justice a priority by targeting illegal stockpiles and dumping along the Leeward Coast and throughout Oahu. The pervasiveness of the problem was not widely known by the public until last fall when a trucking company illegally dumped thousands of pounds of dredged sludge from the Hawaii Kai Marina on agriculturally-zoned land in Waianae.

“For far too long our community has been an illegal dumping ground for industry and has carried a disproportionate environmental burden for the whole state of Hawaii.  It's about time for legislators and regulators to send a powerful message to those who wish to continually operate illegally on our coastline. These illegal operations affect our people, our land, and our seas,” said Pake Salmon, a community advocate with Ka Wai Ola O Waianae, a community group that fights illegal dumping along the Leeward Coast.

Councilmember Pine’s bills will bring stiff penalties, including 500% increases in civil fines and criminal prosecutions for the most egregious cases of careless illegal stockpiling and grading. The proposed rule changes will also tighten up the application process for obtaining stockpiling and grading permits, provide the City departments with more enforcement options, and prevent the stockpiling of hazardous or non-natural materials on agriculturally-zoned land.

Environmental Justice is the fair treatment and meaningful involvement of all communities in the development, implementation, and enforcement of laws, regulations, and policies affecting our communities’ natural resources. Fair treatment means that no community should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. Meaningful involvement means that the community has an opportunity to participate in decisions about activities that may affect their environment and/or health.

Bills 35, 36, and 37 will be formally introduced on Wednesday, April 16th at the City Council meeting. For a complete description of the proposed changes please see the addendum below.

Summary of the Environmental Justice Bill Package:

  • Increase maximum civil fines for violations of the Land Use Ordinance, and Public Works Infrastructure Ordinance by 500 percent from $1,000 per violation to $5,000 per violation per day the violation exists.
  • Create new category of ‘willful violations’ which creates new minimum civil fine of $1,000 per day for willful violations of the land use ordinance or grading violations.
  • Defines ‘willful violations’ as Director’s discretion considering relevant mitigating and aggravating factors including, but not limited to, the effect, if any, of the violation; the degree and extent of harm caused by the violation; the cost of rectifying the damage; whether the violator saved money through noncompliance; whether the violator took reasonable measures to comply with this Ordinance; whether the violator acted in bad faith; whether the violator reported the violation; and the proper record of the violator in complying or failing to comply with this Ordinance is present and past administrative actions.
  • New penalties for repeat violators – double fines for violators who commit violations two or more times in a 12-month period.
  • New penalties for repeat violators – repeat violators at same site in 12-month period will be subject to criminal prosecution.
  • New enforcement tools for the City – City officials can demand that the violator restore the land to its original condition and obtain a certificate of completion from the director. Orders may be enforced through the courts.
  • Proactive Enforcement – To combat parties from illegally grading and then obtaining a permit only after they are caught and fined, permits will be denied when owner or developer willfully violated city grading rules. This provision will protect ‘mom and pop’ who accidentally violate the statute, but will hold construction and development companies to strict compliance with the laws.
  • Stockpiling limits on agricultural land – restrict stockpiling of certain material on agriculturally zoned land so that contaminated material, construction materials, or other material that may impair the agricultural productivity of agricultural soils, cannot be stockpiled on agriculturally-zoned land.

Councilmember Pine represents residents of District One (Ewa, Ewa Beach, Kapolei, Honokai Hale, Ko Olina, Nanakuli, Maili, Waianae, Makaha, Keaau, Makua) and chairs the Intergovernmental Affairs and Human Services Committee. 

Ka Wai Ola O Waianae is a community advisory committee whose mission is to reduce & mitigate illegal dumping & non point source pollution along the Waianae Coastline.

---30---

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

808 State Update AM940

ABCDEFG Blog

ACA Signups Hawaii

ACCE

ALEC

Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii

AMVETS-Hawaii

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust 

Build More Hawaiian Homes Working Group

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

CSIS Pacific Forum

DAR Hawaii

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Habele.org

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling

HIEC.Coop 

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube

HPACC

Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Salvage The Rail

Save the Plastic Bag

School Choice in Hawaii

SenatorFong.com

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT