Ex-lawmaker told to close eatery due to sewage spill

The state ordered the Haleiwa Beach House restaurant to close after confirming that sewage was spilling from its wastewater system into a neighboring property near a fishpond frequently visited by children.

The restaurant, formerly known as Jameson’s by the Sea, is owned by longtime Hawaii developer D.G. “Andy” Anderson, who was recently cited by the state Department of Health for expanding the restaurant’s seating capacity to 388 from 114 without enlarging its wastewater system.

Anderson, a former state lawmaker who tried three times to become Hawaii’s governor, reopened the restaurant in March as Haleiwa Beach House despite warnings from the city not to because renovation work was done without building permits. A DOH follow-up investigation found the restaurant is polluting nearby Loko Ea stream and fishpond.

“He ignores and does whatever he wants. It’s just amazing to open without his permits being signed off and then to not upgrade his septic for the number of people and to take over the city’s park for parking,” said North Shore Neighborhood Board member SharLyn Foo. “He said he wasn’t going to open the upstairs. Lies. I watched him open up last weekend.”

Anderson didn’t return calls for comment.

Foo said the real issue is the city has “no power to do anything,” so there are no consequences for people who do not follow the rules.

“It’s really, really important that somebody steps in. Him being who he was knows the rules, knows what he can get away with,” she added. “That’s what people are getting upset about. The community, just in general, has no faith in the city enforcement of anything.”

The DOH Wastewater Branch issued a notice of violation and temporary food permit suspension to the Haleiwa Beach House restaurant until Anderson comes up with an acceptable correction plan for the wastewater system that is causing an “imminent threat to public health.”

“To protect public health and the environment and prevent the contamination of neighboring properties caused by the overloading of the restaurant’s wastewater system, the department is ordering the Haleiwa Beach House to cease operation,” said Stuart Yamada, DOH’s Environmental Management Division administrator, in a news release. “Unfortunately, the recent expansion of this restaurant was completed without the necessary state and county approvals and as a result, the wastewater system cannot adequately handle the expanded capacity of the restaurant.”

The business may contest the notice at a hearing that will be scheduled within 24 hours of receipt of the notice.

Anderson has a track record of disregarding the city’s permitting process. In 1983 the city ordered him to stop work on a restaurant-retail complex in Waikiki because he never obtained building permits for the project.

The then-Republican national committeeman at the time acknowledged he had completed construction of his J.D. Fishmarket Restaurant and opened the operation at Kuhio and Seaside avenues without the proper permits, saying he was frustrated by the city’s red tape. The city eventually required Anderson to tear down part of an addition.

The following year, Anderson pleaded no contest to three petty misdemeanor charges in connection with the incident; he was fined $900 and ordered to perform 75 hours of community service.

“When you see a pattern with seemingly few consequences, then you start to question the system,” said Blake McElheny, a North Shore Neighborhood Board member. “People are asking questions as to why it seems like some people are not under the same level of scrutiny that the city brings in other instances. … For whatever reason there seems to be a track record of these types of behaviors. It’s his behaviors and consequences that are of concern to the public. Even though it’s a sad situation, in some ways the fact that the Department of Health did its rigorous testing and used the power it has to protect the public’s health and safety, I think, restores public confidence in the process.”