Officials with both the U.S. Army Corps of Engineers and the state Department of Land and Natural Resources say they are looking into possible violations tied to the transport of material dredged from the Hawaii Kai Marina to a property in Waianae this summer.
They join the city Department of Planning and Permitting, which is also investigating a situation that has struck a nerve with Leeward residents.
A maintenance dredging permit issued by the Army Corps to the Hawaii Kai Marina Community Association in February allows the organization and its contractors to dispose of about 122,000 cubic yards of "suitable dredged spoils" from the marina and entrance channel into five waterways in East Honolulu.
Instead, contracted trucking company SER Silva Equipment dumped at least some of the material at a Waianae Valley Road property belonging to the company’s owner, Sandy Silva, city officials have determined.
Work on the marina required a federal permit because it is a federally regulated waterway.
Joseph Bonfiglio, public affairs chief for the Army Corps of Engineers’ Honolulu branch, confirmed Thursday that his agency is investigating allegations that the permit it issued had been violated. The corps learned of the situation after the state Department of Health and members of the community notified the agency that material that accidentally spilled onto H-1 freeway Sept. 1 had come from the Hawaii Kai Marina dredging site.
The spill caused a massive traffic jam for westbound motorists that lasted for hours.
"Because the permittee voluntarily stopped work and is working with the Corps and other regulatory agencies to resolve this matter, the Corps has not issued a cease and desist order," Bonfiglio said in a statement.
He declined to discuss the specifics of the possible violations. But in response to questions, Bonfiglio said that if a company wanted to change the terms and conditions of its permit, it would have needed to seek a permit modification.
"The Corps did not receive any request for a permit modification to change the authorized disposal sites for the materials dredged from the Hawaii Kai Marina," Bonfiglio said.
The Board of Land and Natural Resources issued a Conservation District Use Permit to the marina association in the summer of 2011. That permit states the dredged material is to go into the same five East Honolulu areas described in the corps’ permit: Rim Island No. 1, Yacht Club property, the South Oahu Ocean Dredged Material Disposal Site, Maunalua Bay Beach Park and Portlock Beach.
Land Board Chairman William Aila, in a statement, said he is talking to state attorneys about the matter.
"They will give me an assessment on whether or not the misrepresentation of information on the permit is enough for us to take some action," he said.
Aila said it was premature to discuss any possible penalties.
The city on Sept. 6 ordered Silva to stop grading her property with the material until she can obtain a permit from the city to do so.
Deputy Planning Director Art Challacombe said Thursday that Silva submitted an application to grade her property on Sept. 12.
Challacombe said his agency has asked that Silva submit documentation showing that the material is safe for the Waianae lot, adding that it will not approve the permit unless the material is proved to be safe.
The agency declined to release a copy of the grading application, stating it is standard policy not to make pending permit applications public, only the ones that are approved.
Under the violation order issued by the city, Silva must obtain a grading permit or otherwise remedy the situation by Oct. 7 or risk daily fines of $150 until the issue is resolved.
The city is also investigating allegations brought by Silva’s neighbors that she is illegally conducting a trucking business at her property.
Silva, in a letter to the state Department of Health on Aug. 23 that was released to the media by the marina association, said "we have discussed" having up to 44,444 cubic yards of dredged material taken to her Waianae Valley Road address "as fill for grading several areas to promote drainage and accessibility of the property."
The marina association hired contractor American Marine Corp. to dredge the marina, and the company hired Silva’s company to dispose of the material.
The association has stated it did not make the decision to have the material trucked to Waianae, and has submitted chemical testing results indicating the material is safe. American Marine said it "obtained all necessary documentation to satisfy transportation and placement of the dredged material."
Silva has been unavailable to the media.
