Paint spilled in roadway covered by state, city laws

Question: In early February someone spilled what seemed to be at least five gallons of white paint on Manoa Road just before the tip of Triangle Park. Auwe for the poor drivers who drove through the paint, tracking it all over the road and probably splattering it on their vehicles. But worse yet was the culprit who never came back to clean the mess! What happens in a situation like this?

Answer: Paint is not specifically mentioned in either state or county laws dealing with damage to roadways.

However, it could be considered included within the language of those laws, said Michael Formby, director of the city Department of Transportation Services.

He pointed to Sections 291C-131 (spilling loads on highways) and 291C-132 (littering from vehicles) of the Hawaii Revised Statutes, as well as Sections 15-24.2 (putting glass or other injurious substances on highways) and 15-24.3 (tracking mud on highways) of the Revised Ordinances of Honolulu.

The department contends the intent of the laws "can and should be applied to paint, as paint could be considered a ‘destructive or injurious material,’" Formby said.

He said enforcement would be by police and that violations should be reported to them.

Violators could face fines ranging from $250 to $750, depending on whether it’s a first or repeat offense.

However, only city ordinances require violators to remove or have the substance removed, Formby noted.

It turns out someone did report the spill on the evening of Feb. 6, said Michelle Yu, spokeswoman for the Honolulu Police Department.

"The officer requested that evening that a road crew be notified," she said.

However, that request apparently was not relayed for some unknown reason.

And the paint spiller was not identified, Yu said.

The Process

If the guilty party causing the spill is known, he or she normally would be held responsible for cleaning up the spill and/or paying restitution for any work, said Ross Sasamura, director of the city Department of Facility Maintenance.

If the city is unable to determine who was responsible, Facility Maintenance would assess the extent and impact of the spill on existing pavement markings and traffic controls, he said.

"If the spill interferes with pavement markings and poses a safety hazard because it creates confusion to motorists, (Facility Maintenance) would apply a black paint to cover up the spill," Sasamura said.

He said the department does not apply tar to cover spills.

If a spill does not pose a safety hazard and does not obscure pavement markings, it may be left to fade through wear from vehicle traffic and exposure to the sun’s ultraviolet light, he said.

However, in this case, Sasamura said crews are scheduled to paint over the spill on Manoa Road within the next weeks, weather and resources permitting.

Mahalo

To Iris at the Ala Moana Center post office. I had the firsthand experience of efficient services with aloha that I often hear about the staff there. While processing my parcels, Iris gave me very helpful information on international priority mailing versus international priority flat-rate mailing. She also shared some tips to file Customs forms efficiently. She is very knowledgeable, informative, quick to help customers and very pleasant. She lives aloha. I came home very satisfied, knowing that my parcels will reach their destination safely and promptly because of hardworking staff like Iris. Kudos and mahalo to her, the supervisors and staff at the Ala Moana post office. — Young Senior Citizen, Manoa

Auwe

To the East Honolulu dog walkers who bag their dog’s poop, then leave the bag along the road, trail or sidewalk. You know who you are. Be responsible and dispose of it properly. Those of us who clean up after our own dogs shouldn’t have to pick up after you, too.

— Clean Up After Yourselves

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