The Hawaiʻi Department of Health (DOH) has issued a Notice of Violation and Order (NOVO) to Wailehua I, LLC, imposing a $2.4 million fine for unauthorized discharge of soil and construction materials into wetlands. The DOH stated that these actions occurred without the necessary state permits or authorization.
Kathleen Ho, Deputy Director for Environmental Health, emphasized the importance of wetlands, saying, “Wetlands are critical to Hawaiʻi’s environment. Wetlands provide many critical ecological functions. Regulations are in place to ensure these important areas are protected. Property owners, contractors, and consultants responsible for construction activities in or near Hawaiʻi’s wetlands must comply with environmental laws that protect water quality.”
The Clean Water Branch (CWB) of the DOH responded to a 2021 referral from the U.S. Army Corps of Engineers regarding unpermitted fill material at a property on Wailehua Road in Kāneʻohe. The department determined that Wailehua I, LLC began discharging materials in 2015.
The NOVO requires Wailehua I, LLC to prevent further discharges, remove unauthorized material, and pay the penalty. The company has 20 days to contest the order and request a hearing.
According to the DOH, all individuals and organizations must comply with environmental laws protecting Hawaiʻi’s waters. Violations can result in fines of up to $60,000 per day for each infraction.
The Clean Water Branch is responsible for responding to pollution incidents involving state waters. The branch’s mission is to protect public health and the environment by prohibiting discharges that impair water quality and ensuring that Hawaiʻi’s waters remain suitable for fishing and swimming. Legal action may be taken by the state, federal partners, or private citizens against those who fail to comply with regulations.
