State fines city $542,459 for illegal Waipahu dump
By Treena Shapiro
Advertiser Staff Writer
The state Department of Health imposed one of the harshest penalties for violating state hazardous waste rules by fining the city $542,459 yesterday for illegal dumping at the former Waipahu incinerator site.
The state Health Department fined the city on six illegal dumping counts: • Improper disposal of solid waste: $6,160 • Operation of an open dump: $206,899 • Failure to make a hazardous waste determination: $31,250 • Storage of hazardous waste without a permit: $246,900 • Hazardous waste disposal without a permit: $31,250 • Operation of an unpermitted solid waste management system: $20,000
"We consider it quite serious because the city is a knowledgeable and experienced operator of solid waste facilities, and so we really expected much better on their part," said Laurence Lau, Department of Health deputy director of environmental health.
The fines
City officials, however, indicated they will appeal the fine. "We're disappointed in the price that's on there because of the unauthorized and irresponsible act of one employee," city Environmental Services Director Frank Doyle said.
He said he thought the city was being hit fairly hard in light of its efforts to help the state clean up the water weed problem at Lake Wilson. Doyle also said he hopes the state will waive the fine in return for the city helping to identify other illegal dump sites or assisting with a public awareness campaign.
The fines apply to three of four sites in the area where the state found appliances, goods, construction and demolition waste, stockpiles of propane tanks and bricks from the incinerator.
The state still has the option of imposing more penalties for the fourth site, where high levels of cadmium were found in the soil.
Lau said no health risk was found at the first three sites, but the state is looking into the ash landfill where cadmium was found. "Obviously we're greatly concerned because we know the soccer fields are right next door and thousands of players and probably national tournaments will be there," he said.
Lau said a criminal investigation by the attorney general's office is under way.
The University of Hawai'i's $1.2 million penalty for improper storing and labeling of toxic chemicals at the Manoa campus several years ago is the only fine higher than the one imposed yesterday.
The state began an investigation in March of the site where appliances and other white goods were discovered to be buried. More than 30 tons of compacted washers, dryers, stoves and other appliances were removed by state workers. Most of the items apparently had been stockpiled between January and November 2001, when the city was negotiating its contract with scrap-metal recyclers.
City Councilman Nestor Garcia said he will work with the city and state to find an alternative to the fine. He said it could involve a "solid or hazardous waste program we can live up to in lieu of the hard dollars that the state is calling for as far as penalties."
Garcia said he also will make sure the administration follows through with plans to close down the Waipahu facility.
According to Doyle, the city has moved almost all of the material from the site, packaged it and is getting ready to send it to the Mainland. "We'll be working with the rest of it and hopefully have ... the landfill cleaned up by the end of (June)," Doyle said.
Doyle estimates that the cleanup will cost the city between $400,000 and $500,000.
Garcia said he would like the new city auditor to review the city's whistleblower policy "so that in the future employees feel comfortable reporting ongoing (activities), not just after-the-fact, without fear of retribution."
Doyle declined to name the city employee he blamed for the illegal dumping, but the city has been investigating Peter M. Kealoha, city refuse disposal facility superintendent, after employees said he was responsible for the burial of more than 210 tons of appliances at the incinerator site.
Doyle said the administration's investigation of Kealoha is completed, but the city corporation counsel still is looking into the case. Kealoha is on unpaid administrative leave, Doyle said.
EnviroWatch President Carroll Cox, who discovered the buried appliances, said the Health Department's penalty was bittersweet. "You and I — the taxpayers — are really going to pay it," he said. "I mean, I'm excited that something is bringing closure, but I'm not going to go out and hold a party over this and celebrate it."
Cox said he will continue to monitor the cleanup, noting that there are still many unanswered questions. He said he will be providing the state with a list of violations his organization has documented.
Reach Treena Shapiro at 525-8070 or tshapiro@honoluluadvertiser.com.
