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The Honolulu Advertiser
Posted on: Tuesday, October 5, 2004

Illegal dumping charges filed

By Ken Kobayashi
Advertiser Courts Writer

A former city official is being prosecuted by a newly formed environmental unit in the state attorney general's office on petty misdemeanor charges of illegally dumping household appliances at the former Waipahu incinerator site.

Peter Kealoha Jr., who retired in June last year as the city refusal disposal facility superintendent, is charged with 24 counts of dumping the wastes without a permit. Each count carries a sentence of up to 30 days in jail and a fine of up to $25,000.

Kealoha is accused of ordering the dumping at the site from March 2001 to February 2003 while he was the superintendent there. Each count is for every month during those two years.

Kealoha could not be reached for comment yesterday.

Bridget Palmer Holthus, special assistant to the attorney general, said yesterday that she cannot comment on any ongoing investigation or whether any others will face prosecution in connection with the dumping.

The state began investigating the site in March 2003 after the washers, dryers, stoves and other appliances were discovered buried there. More than 30 tons of the compacted materials were removed.

The state Health Department later fined the city $542,459 for the illegal dumping. Carol Costa, city spokeswoman, said yesterday that the city has informally asked the state to reconsider the amount of the fine. The two sides are in negotiations, she said.

Kealoha is being prosecuted by the Environmental Crimes Unit, whose formation was announced in April this year to investigate and prosecute environmental crimes that pose risks to the public and the environment. The work is a cooperative effort among the attorney general's office, the state Department of Health and the U.S. Environmental Protection Agency.

The unit is composed of two deputy attorneys general. The Health Department has provided money for two investigators. The EPA provides technical expertise and resources, Holthus said.

According to the attorney general's office, the unit has also obtained criminal charges in several other cases. They include allegations of illegally polluting Kane'ohe Bay with the construction of a home, illegally polluting waters near Campbell Industrial Park by dumping a tar-like pollutant into a storm drain, and illegal dumping of construction debris at the Onipa'a Ranch without a permit.

Anyone who wants to report environmental crimes may call the attorney general's investigation division at 586-1240.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.