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City will pay $1.4 million to settle concrete dumping case

By Gregg K. Kakesako

LAST UPDATED: 09:18 a.m. HST, Apr 18, 2012

The city agreed to pay a $1.2 million to support water quality improvements on the Waianae Coast to settle a state Health Department fine for dumping truckloads of concrete slabs for two years into a West Oahu stream used by endangered Hawaiian birds.

In addition, the city will build $200,000 worth of new projects, bringing the total settlement to $1.4 million, the Health Department said.

The city was fined  for violations of the Clean Water Act after workers dumped 257 truckloads of concrete waste in Mailiili Steam in Waianae in 2008 and 2009. The city was ordered to pay a $1,7 million administrative penalty. A Health Hepartment hearing office found that the city had violated the law and upheld the fine amount. The city had appealed that decision to the First Circuit Court.

The Health Department said the money will be used:

>>To fund a computerized environmental information sharing project so the public can track permitted facilities in their communities.

 >>To develop a Mailiili Watershed Management Plan that will facilitate the funding of future projects to protect Leeward Oahu water quality.

 >>To fund community-based water quality improvement projects in the Mailiili area that are consistent with the new watershed plan.

The city will invest $200,000 in stormwater control projects to improve water quality in the Mailiili area. Projects could include the construction of swales, pervious pavement, stormceptors or trash removal devices, the Health Department said.

The Health Department cited the city's Department of Facility Maintenance's Road Division for discharging 257 truckloads of concrete and debris without a permit or variance. The truckloads were placed in Mailiili Stream from Feb. 2, 2008, to May 9, 2009.

The city then said putting the concrete slabs on the banks of the channel was not illegal dumping. Workers were unaware that environmental permits were needed for placing concrete on the banks of the channel, a city spokesman said..

The stream is about two miles mauka of Farrington Highway in an area frequented by endangered Hawaiian stilts.

The watchdog group EnviroWatch Inc. requested the investigation in June 2009 after it received complaints from city workers.

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Maneki_Neko wrote:
So the "City" did all this? Not some person? Because if it were some person they could be disciplined, maybe even fired, for costing so much taxpayer money. But you cannot fir a "City", although sometimes we may want to.

Scary part is this could have just been a practice session for rail construction.

on April 18,2012 | 09:20AM
frontman wrote:
I love it when the say city will pay............................TAXPAYERS will pay.
on April 18,2012 | 04:15PM
al_kiqaeda wrote:
Practice? They don't need any practice. The spin and dodge machine is refined and polished. Bring on the change orders!
on April 18,2012 | 05:24PM
sjean wrote:
The person most responsible for this is named MUFI HANNEMAN. Funny how politicians take all the credit for the good under their tenure, and no comment on the bad. Why is his administration not mentioned in this article?
on April 18,2012 | 05:57PM
niimi wrote:
Did the city do this or a contractor hired by the city? If the latter, then go after that contractor and go after personal assets.
on April 18,2012 | 09:30AM
1coconut wrote:
It was city workers who did this. If our great mayor did his job someone would lose their job but we know he wont. Carlyle is to busy traveling or posing for photo shots. Lets just forget about responsibility, its not a word in the city's vocabulary.
on April 18,2012 | 09:47AM
Robynne wrote:
This was done by a city workers on paid overtimes
on April 18,2012 | 10:22PM
mcc wrote:
Somebody's head has to flly. The headline should read "Taxpayer's to pay $1.4 million for politicians lack of management."
on April 18,2012 | 09:47AM
Oye_Como_Va wrote:
Wow, I guess it is all okay now since the City has agreed to pay a fine with the tax payers' money. If it was to come out of the person's involved including those in direct supervision all the way up to the Mayor you bet they would be kicking and screaming about the fine. It is business as usual no harm done just raise the Sucker Sheeple taxes to foot the bill for the fine. The laws should be changed so that the Mayor, City Council & Department heads are not protected by indemnification in cases of such negligence such as this to include hazardous road conditions, sewage spills and water main breaks causing damage. All they are concerned about is getting the steel on steel overhead rail built that they ignore the basic infrastructure which they know requires immediate attention so they can pay off their large campaign contributors such as the engineering firms, building contractors and the trade unions.
on April 18,2012 | 10:00AM
Keith_Rollman wrote:
Simply moving $1.4 million of the taxpayer's money from the city to the even less efficient state government.
on April 18,2012 | 10:10AM
svkamahoi wrote:
Thanks to Carroll Cox (EnviroWatch) for catching the City doing this and bringing it to the public's attention. And you all are right, as usual there will be no consequences for the individual city workers responsible for this mess.
on April 18,2012 | 10:11AM
harley1 wrote:
so we can thank CC for blowing 1.4 million of our dollars over to the inept state gov't. Way to go. Now get a life.
on April 18,2012 | 08:17PM
Kalaheo1 wrote:
You can thank Mufi Hannneman, and his corrupt administration. If it weren't for Carroll Cox, those guys would still be charging us time and half to pollute our streams.
on April 18,2012 | 09:02PM
Bdpapa wrote:
At least the money is going towards improvements and not to some other agency.
on April 18,2012 | 10:11AM
localguy wrote:
Don't hold your breath, most of the money goes to "planning and computer programming" Meaning money can easily be wasted, going into the money pit of more government. Who did the city hold accountable for this willful failure to follow code? I'm guessing no one, sweep it under the rug. So typical of our clueless city bureaucrats.
on April 18,2012 | 11:21AM
mcc wrote:
And the City wants to try to build a train???? They cannot control what is going on in the City and they want to waste more taxpayers money. Cayetano for Mayor, stop the rail and endless spending.
on April 18,2012 | 11:34AM
mcc wrote:
And the City wants to try to build a train???? They cannot control what is going on in the City and they want to waste more taxpayers money. Cayetano for Mayor, stop the rail and endless spending.
on April 18,2012 | 11:34AM
Keith_Rollman wrote:
The photos tend to support the city's original claim that they were putting the concrete into the drainage canal to facilitate the movement of heavy equipment to keep it cleared of obstructions and vegetation. Look to neat and deliberate to be "dumping."
on April 18,2012 | 11:45AM
Kalaheo1 wrote:
Thanks Mufi! You're the gift that keeps on giving.
on April 18,2012 | 12:50PM
sjean wrote:
This fine should be paid for by his political donors After all, he is working for them.
on April 18,2012 | 06:01PM
MANDA wrote:
How much did the City spend on Corp Counsel's salaries to fight this? The City should be ordered to disclose that each time it loses a lawsuit.
on April 18,2012 | 01:10PM
loquaciousone wrote:
This is chump change for the city. Wait until the rail starts contruction, and watch the money flow from our pockets.
on April 18,2012 | 01:17PM
Graham wrote:
Wait? The money is already flowing.
on April 18,2012 | 04:06PM
al_kiqaeda wrote:
I think loquaciousone means when they have the valve on the tax coffers swung wide open. Right now ONLY a few million dollars are dripping out. But pretty soon the flow will be in the hundreds of millions "and then we'll be spending real money". It must be great to be a government leader!!!
on April 18,2012 | 05:32PM
jankenpo wrote:
For those of us who have to pay, expect our property taxes to go up to cover some of the cost. For those with historic homes or who live on the beaches, sidewalks and bushes, well, no skin off our backs.
on April 18,2012 | 01:26PM
nigelUV001 wrote:
poor Hawaiian stilts. They are the true victims even though our pocket books seem to be the major concern.
on April 18,2012 | 03:38PM
whs1966 wrote:
Yes, who in the Dept of Facilities Management made the decision to dump the concrete, and what consequences--if any--will that be meted out for this dumb-a** decision that cost the taxpayers $1, 400,000?
on April 18,2012 | 05:42PM
soundofreason wrote:
EXACTLY. WHERE is "the guy" - WHO is "the guy" that ok's this. We're paying 1,400,000 - that should AT LEAST get us a NAME!......and a new person in that position.
on April 18,2012 | 06:08PM
Robynne wrote:
That guy probably got promoted to a higher position, thats hows it works with the city
on April 18,2012 | 10:18PM
Robynne wrote:
I worked with the Dept of Facility Maintenance and with this incident no one was repremanded nor suspended on this mistake its a slap on the Pinky
on April 18,2012 | 07:48PM
goodday wrote:
City paying the state.....hahaha
on April 18,2012 | 10:34PM
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