State, City in Settlement Talks Over Maili Stream Dumping Fine
The state could end up settling with the city over the $1.7 million fine imposed for the illegal dumping of concrete into a West Oahu stream bed.
The Hawaii Department of Health issued the fine against Honolulu’s Department of Facility Maintenance in June 2010 for dumping that occurred in 2008 and 2009. The city was charged with “discharging 257 truckloads of concrete waste and construction debris into Mailiili channel without any permits or approvals.”
In several areas, the debris — a mix of broken concrete slabs, used utility metal cabinets, broken sign posts, asphalt concrete and dirt — covered the stream’s entire 99-foot width.
The city appealed the fine, which was by a state hearings officer. The city then had 30 days to pay the fine, or appeal it in court. The city appealed the order in First Circuit Court in November.
But a settlement could be on the horizon, according to both state and city spokespeople.
Jim Fulton of Mayor Peter Carlisle‘s office issued the following statement to Civil Beat: “The appeal is pending with the briefing schedule on hold, while the parties discuss settlement.”
Health Department spokeswoman Janice Okubo also confirmed “there is a possibility of a settlement.” She said the department could not comment further.
A timeline was not disclosed.
In general terms, a settlement can mean several things. It could mean that the city pays the fine, while avoiding court costs. It could mean that the state agrees to a lesser fine. It could also result in the state instead requiring environmental projects in lieu of cash payment, if a direct benefit to the public can be demonstrated.
For example, in 2007, the Health Department with the city and Waste Management of Hawaii for permit violations at the Waimanalo Gulch Landfill. The state initially imposed a $2.4 million fine. Almost two years later, the parties agreed to settle for a $1.5 million fine and “corrective actions” at the dump. The state gave the city, which owns the landfill, and Waste Management, which manages the landfill, two options. It could either pay the $1.5 million, or deposit $637,500 into a state fund for environmental projects in the Leeward community and use $342,500 for a community drop-off center for refuse and recyclables at the existing landfill.
In any case, if a settlement is reached in the Mailiili case, it would go out for public comment, Okubo said. The public would have a 30-day window to weigh in.
In addition to the Health Department fine, the city paid $1.13 million to remove the debris. The U.S. Environmental Protection Agency ordered the city in 2009 to haul off the dumped material and restore the stream bed and banks. The city contracted Honolulu-based Koga Engineering & Construction to handle the work, which began late last year.
On top of that, a Civil Beat investigation last year found the true cost of the incident was even higher. City workers were paid more than 5,500 hours of overtime to do the work.
A review of overtime records at the Department of Facility Maintenance found that over a span of 15 months, 50 city workers earned at least 5,525 hours of overtime for the work. About a dozen workers did most of the work. One superintendent logged 362 hours of overtime alone. Workers’ hourly overtime pay ranged from $26 to $80 for the work, which was mostly done on weekends.
The total cost of the overtime is unclear. In testimony before the City Council, the department previously estimated it spent $53,000 on overtime pay for the dumping. That figure is too low for the number of hours Civil Beat calculated. That would mean workers were paid only $9.59 an hour for the 5,525 hours.
