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The Honolulu Advertiser
Posted on: Tuesday, June 3, 2003

EDITORIAL
City illegal dump fine can't be waived lightly

Based on the magnitude of the violation, it is not surprising that the state Health Department would fine the city nearly $550,000 for an illegal dump at the former Waipahu incinerator site.

Sanctions make sense in this case, where tons of used appliances, construction waste, propane tanks and other items were illegally crushed and buried.

But one has to wonder if the taxpayers are best served by a fine that would simply transfer a substantial amount of money from one government pocket to another.

A more logical approach — one proposed by Councilman Nestor Garcia — would be to apply that money to a forward-looking improvement in the city's overall solid-waste program.

But, as a letter from Carroll Cox of EnviroWatch Inc. points out, this approach has its dangers. Previous offers to waive environmental fines in exchange for promised changes have met with mixed success, at best.

The trick, then, will be to come up with iron-clad guarantees if the state decides to substitute new environmental programs for the fine. Perhaps the fine could be placed in escrow until the city lives up to its agreements.

And in passing, we were a little concerned about statements by Frank Doyle, environmental services director for the city.

Doyle said he was upset by the size of the fine imposed "because of the unauthorized and irresponsible act of one employee."

That's rather amazing when you think about it. Either one individual was able to get away with a fairly substantial illegal dumping operation right under the noses of other city officials, or there were others involved who either would not, or could not, speak up.