Posted on: Friday, June 28, 2002

Subdivider ordered to submit plan to stabilize Kaua'i property

By Jan TenBruggencate
Advertiser Kaua'i Bureau

LIHU'E, Kaua'i — The state Department of Health and the U.S. Environmental Protection Agency yesterday ordered Jimmy Pflueger to act quickly to minimize further runoff damage to reefs at Pila'a.

Pflueger is already under investigation by county agencies for having extensively graded large tracts of land he owns above the beach in the area.

The grading led to a major mudslide and sediment flow onto the reef.

The Kaua'i County Council referred the case to Prosecuting Attorney Michael Soong for possible criminal action. And Earthjustice Legal Defense Fund has said it will sue Pflueger under the federal Clean Water Act.

Neither Pflueger nor his attorney could be reached for comment yesterday.

In yesterday's announcement, the Health Department and EPA ordered Pflueger to stop all construction and to halt discharges into the ocean. Pflueger has been allowed 30 days to prepare a plan for stabilizing the property.

Pflueger attorney Max Graham earlier said his client had halted all grading activity and was cooperating with government agencies.

Pflueger has been working toward subdividing a bluff overlooking the ocean at Pila'a, on the northeast corner of the island.

Government agencies said he started grading the land last year, denuding more than 30 acres without grading permits and without a National Pollution Discharge Elimination System permit for the stormwater that would run off the land into the ocean.

On Nov. 26, 2001, during a rainstorm, tons of mud slid from the grading site down the hillside onto the beach, engulfing the coastal home of Amy and Rick Marvin. Large volumes of mud spread across the white sand beach and onto the reefs.

Since then, county and state officials have documented continued mud flows into the sea during rainy periods.

"The ocean waters and coral reefs at Pila'a Beach have been significantly degraded by sediment discharges from these unpermitted construction activities," said Wayne Nastri, Southwestern regional administrator for the EPA.

In a press release, the Department of Health and the EPA said they may jointly seek penalties against Pflueger, which can total $25,000 daily under state law and $27,500 daily under federal law.