Toughen penalties for illegal dumping

Government has struggled in recent years to deter the practice of illegal dumping, and now it appears that the most effective strategy may be the equivalent of the neighborhood watch program.

It was the vigilance of employees working for a Kalaeloa developer, Hunt Cos.-Hawaii Division, that recorded a dumping on camera. What they captured were photos and video of an Island Hauling Inc. truck unloading 5 cubic yards of coral-fill material on a vacant parcel across from the Hunt management office.

A police report was filed, but whether or not it leads to criminal charges, the simple exposure of that episode has raised the profile of the issue again. At the very least, it serves as a warning to those who would try to skirt the laws, even deter some of them.

But individual initiative by itself is insufficient to solve a multifaceted problem. Materials never meant to be in contact with soil can release contaminants that pose a general environmental threat, especially on agricultural land.

For starters, builders and others producing construction and demolition waste need to do a better job of reducing their waste stream. The state Health Department last year surveyed the available recycling resources and published a report available online (http://goo.gl/oYRtq2).

There is a further need for better county oversight of material set for disposal once it leaves the construction site. Far too often, builders will contract with a hauling company to bring it to an authorized construction disposal site, such as PVT Landfill in Nanakuli, but there is no check to see that it’s delivered to the right place.

However, there are some legislative efforts already launched by the Honolulu City Council, which should get a needed boost from the Kalaeloa episode. The measures — Bills 34-37, currently on hold — focus on tightening enforcement of laws governing grading, grubbing and stockpiling of materials, and one could be redrafted to address the oversight of the trucking companies.

Much of the opposition so far has centered on Bill 34, introduced by Councilman Ikaika Anderson. Critics cited overly broad language that could penalize farmers who legitimately move materials around on a lot.

Anderson’s Council colleague, Kymberly Pine, sponsored the other bills. Discussions are in progress with officers of Oahu’s soil conservation districts, entities established under state law to provide technical expertise on managing the soil resource for farmers.

The goal should be to strike a better balance on enforcement, stiffening fines without needlessly penalizing those following good soil conservation practices.

Bill 36 seems the most straightforward candidate for speedy passage, garnering broad support. In addition to increasing the fines, including doubling fines for repeat offenders and willful violators, it would enable criminal prosecution in the most extreme cases.

Others among Pine’s planned improvements seem to be headed in the right direction. For example, amendments would include among permitted materials for grading those used in best agricultural practices. Other changes would give farmers more flexibility to grade land without a permit in cases of emergency or where grading is done according to a federally approved soil conservation plan.

On Oahu, an island where land resources are at a sky-high premium, we can’t afford to let oversight lapse or scofflaws off the hook. It’s good to see the community pitch in and become increasingly aware of the problem, but the Council needs to patch the holes in its net as well.