Waste disposal penalty debated
By Gordon Y.K. Pang
Advertiser Capitol Bureau
Stiffer penalties are recommended for those who dump large amounts of solid waste illegally, under a draft bill being proposed by Attorney General Mark Bennett.
The proposed bill seeks to address the growing concern about illegal dumping around the state.
The draft makes it a Class C felony to improperly discard, dispose, deposit or discharge 10 cubic yards of solid waste or more, punishable by up to five years in prison and a fine of $50,000 for each separate offense. Such a crime is now a misdemeanor.
Bennett said he worked with the state Department of Health to come up with the proposal. "We have, already, in the law possible felony charges for water pollution, possible felony charges for hazardous waste disposal or transportation, but there aren't any felonies with regard to solid waste that isn't hazardous," he said.
"We felt that simply having misdemeanor penalties was insufficient for the magnitude of the offenses that are out there."
Steven Chang, chief of the Health Department's Solid and Hazardous Waste Branch, said his agency can impose civil penalties of up to $10,000 a day for illegal dumping, but that often, it simply works with landlords on cleaning up messes left by others. Other illegal dumping cases are referred to the attorney general's office, he said. The Health Department supports Bennett's proposal, Chang said, because it sends a strong message that illegal dumping will not be tolerated.
Sen. Melodie Aduja, D-23rd (Kane'ohe, Kahuku), who heads the Joint Task Force on Waste Management and Recycling, and Carroll Cox, president of EnviroWatch Inc., a nonprofit environmental watchdog group, both said they support Bennett's efforts.
But they also said the plan can be improved upon, taking into consideration smaller quantities of waste that could be considered hazardous or dangerous. Both also questioned responsibility for enforcement and said the language in the bill should be clearer.
Bennett, however, said there already are felony laws making it illegal to improperly transport, treat, store, dispose of or abandon hazardous waste.
Chang also noted that a separate provision of the draft bill would make the felony charge apply to the illegal dumping of any type of solid waste that requires more than $1,500 in cleanup efforts.
As for enforcement, Bennett said he intends, by the beginning of next year, to have an inspector dedicated full-time to looking into potential environmental crimes, including illegal dumping. "Our office is going to be making a special effort to prosecute environmental crimes," he said. Bennett said he also expects to get help from Health Department officials, city and county police, and the Environmental Protection Administration.
Aduja said her task force will look at Bennett's draft bill as well as other possible action before coming up with a final set of recommendations for legislative action just prior to the start of the Legislature in January.
City spokeswoman Carol Costa said the administration of Mayor Jeremy Harris is "anxious to be part of any discussion on legislation that would prevent illegal dumping."
Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com or at 525-8070.
