Lingle anti-dumping bill not strong enough, lawmakers say
By Gordon Y.K. Pang
Advertiser Capitol Bureau
Lawmakers gave mixed reviews yesterday to a Lingle administration bill making it a felony to illegally dump garbage.
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Members of the House Committee on Energy and Environmental Protection indicated that while they like the intent of the bill, they wonder if it goes far enough.
"There is a gap in our law that does not provide a penalty for felony disposal of solid waste and we believe that this bill fills that gap," said Attorney General Mark Bennett.
House Bill 2375 would make it a Class C felony under certain conditions to illegally dispose of solid waste. It would carry a maximum penalty of five years in prison and/or a fine of $50,000.
The bill would apply to those caught disposing of solid waste:
- Equal to or greater than 10 cubic yards in volume.
- Dumping waste in any amount that costs more than $1,500 to clean up.
- Three times, regardless of the amount being dumped.
"There is a gap in our law that does not provide a penalty for felony disposal of solid waste and we believe that this bill fills that gap," said Attorney General Mark Bennett. It is a petty misdemeanor to illegally dispose solid waste of one cubic yard or more.
The bill drew support from the landowner-financed Land Use Research Foundation and the Sierra Club Hawai'i Chapter, as well as the city prosecutor's office.
Committee members, however, raised questions.
Rep. Cynthia Thielen, R-50th (Kailua, Mokapu), said she worries the bill is not tough enough to address the problem of illegal dumping along Kapa'a Quarry Road. "I'm just not sure if we have any dumping along the quarry road that reaches that 10 (cubic yard) level," Thielen said.
Rep. Sol Kaho'ohalahala, D-13th (E. Maui, Moloka'i, Lana'i), said the bill does not address the illegal disposal of toxic waste that may often be less than 10 cubic yards. Bennett said existing laws address hazardous waste although not necessarily an item that may contain toxic waste such as a TV set.
"I'm just concerned that simply raising the penalty, I'm wondering whether or not that would adequately address the problem," said Rep. Tommy Waters, D-51st (Waimanalo, Lanikai).
Bennett said his office would have no problem if lawmakers choose to lower the 10-cubic-yard threshold for a felony offense.
Also heard yesterday was House Bill 2182, which would allow people to seek a civil action against any person or entity, including the state, who has illegally dumped solid waste. Bennett opposed the measure, calling it unnecessary and a hindrance.
Energy and Environmental Protection Chairwoman Hermina Morita, D-14th (Hanalei, Kapa'a), put off votes on both bills, adding that similar bills are also making their way through the Legislature.
Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com or at 525-8070.
