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The Honolulu Advertiser
Posted on: Wednesday, November 26, 2003

Suit alleges illegal Waimanalo landfill

By David Waite
Advertiser Courts Writer

Honolulu attorney Thomas Grande is suing several state and county agencies and their directors, claiming they have been unresponsive to his concerns about what he believes is an illegal landfill developed on land up the slope from his home in Waimanalo.

According to a lawsuit filed yesterday in Circuit Court, Grande said the state and county agencies have known about the situation for at least five years, and have allowed the problem to fester.

The landfill has grown over the years to about 1.25 acres by 20 to 25 feet high, the equivalent of the interior of Aloha Stadium filled 20 feet deep, according to the lawsuit.

Named as defendants are Valerie Mendes Trotter, chairwoman of the Windward Oahu Soil and Water Conservation District; Peter Young, director of the state Department of Land and Natural Resources; Eric Crispin, director of the city Department of Planning and Permitting; and Miguel and Valerie Ramirez, who lease the state-owned property at 41-879 Mahailua St. where the landfill is located.

None could be reached to comment yesterday on the lawsuit.

Grande described the Windward Oahu Soil and Water Conservation District as a "little-known state board that regulates the filling, dumping and grading on agricultural property, although it does not have proper legislative authority to do so."

Grande said he had sent letters to the conservation district board Oct. 3 and 17 asking that the dumping be halted until his concerns could be addressed.

"Instead, they (board officials) told the lessee to cover it with clean fill and grass it over," Grande said.

The lawsuit asks for a court order that would require the Department of Land and Natural Resources to ensure that the dump site mound and landfill are removed and that the site is restored to its former natural condition.

Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.