LIHU‘E — The Kaua‘i County Council yesterday strengthened the county’s grading, grubbing and stockpiling law with language that spells out specific procedures for the prosecution of violators and levies hefty penalties. A violator, for instance, faces up to $10,000 in
LIHU‘E — The Kaua‘i County Council yesterday strengthened the county’s grading, grubbing and stockpiling law with language that spells out specific procedures for the prosecution of violators and levies hefty penalties.
A violator, for instance, faces up to $10,000 in civil fines for each day the violation persists.
During a meeting of the council at the historic County Building here, other councilmembers thanked councilmembers Daryl Kaneshiro and Mel Rapozo for submitting amendments they said would strengthen the law and deter abuses.
The original bill was introduced nearly a year ago by former councilmembers Ron Kouchi, Bryan Baptiste and Gary Hooser, in response to allegations of un-permitted work near Pila‘a Bay on land owned by Honolulu auto dealer James Pflueger.
Torrential rains in November 2001 created mudslides that did damage around a shoreline home owned by the family of Amy Marvin.
The mudslides also inflicted claimed environmental damage to the reef, sparking government investigations and lawsuits. Pflueger faces more than $5 million in fines sought by representatives of the state Department of Land and Natural Resources for damage done by mud that covered parts of the reef. His attorneys, however, say the erosion on the reef is a natural occurrence.
Related to the council bill, initial disagreements over the merit of separate amendments submitted by Rapozo and Kaneshiro slowed approval of the revised bill.
But compromises reached among the councilmembers and James Tokioka, council vice chair and chair of the council’s Public Works Committee, helped resolve the matter.
In the “Kaneshiro amendment,” a county Department of Public Works inspector, after receiving a complaint, would visit a site where an alleged violation has occurred.
If the inspector suspects something is wrong, he or she will issue a notice to stop the work. Should the alleged violator ignore the order, the matter goes directly to county prosecutors for review.
Rapozo had initially proposed to send the violation immediately to the county prosecutors for possible criminal action.
Rapozo’s amendment approved yesterday allows a county engineer to investigate a work site after giving 24-hours advance notice, requires permittees to notify the county engineer at least five business days before work starts, and allows the engineer, if he or she determines the work is not in accordance with submitted plans, to inform a person in charge of the work to take corrective action.
Another part of Rapozo’s approved amendment calls for work to stop until corrective measures are taken, and that if work starts again without corrective measures done, the county engineer shall report the violation to the county prosecutors for “appropriate criminal action.”
Rapozo acknowledged the two amendments complemented one another, and would send a stern warning to potential violators.
Rapozo apologized for having made an earlier statement that the revised law would be “useless” without the adoption of his first introduced amendment.
“Many community members were offended, and I take this time to apologize for that,” Rapozo said. He said he made such a strong statement only because of the “passion I have for this issue. It is a very serious issue, I think.”
Rapozo said his amendment was not to “attack developers, contractors,” and that he was motivated to come up with the amendment because he felt the county administration failed to move quickly enough against alleged violators.
Tokioka said it was always his intention to fashion a bill that was fair.
The council also approved an amendment proposed by councilwoman JoAnn Yukimura that requires conservation plans that don’t alter drainage patterns; that land covered by conservation plans be identified through mapping and tax map keys; and that the plans involve the use of the “best agricultural management practices” to prevent erosion and control sedimentation.
Kaneshiro said he wanted to protect ranchers and farmers, and worked with Yukimura to make sure no part of Yukimura’s amendment would set up challenges for farmers and ranchers.
Kaneshiro noted some other highlights of the revised bill:
- Work on land beyond what has been approved by a soil and water conservation district board is not exempt from the county grading ordinance;
- Civil fines may be imposed, with penalties up to $10,000 a day, a provision that was included in the Rapozo amendment;
- An “after-the-fact” permit fee shall be at least $1,000;
- The state Department of Commerce and Consumer Affairs Contractor’s Licensing Board may be notified upon confirmation of a violation, another provision sought by Rapozo.
