Broken promises, pledges and principles In the 2004 legislative session Senate Bill 3092 was passed and signed into law by Gov. Linda Lingle. The bill “relating to solid waste management” was intended to “distribute(s) fines collected under HRS 342H-30 to
Broken promises,
pledges and principles
In the 2004 legislative session Senate Bill 3092 was passed and signed into law by Gov. Linda Lingle. The bill “relating to solid waste management” was intended to “distribute(s) fines collected under HRS 342H-30 to the enforcing agency (Department of Health) and awards 50 percent of the fine collected to a person reporting the illegal dumping activity.”
In essence a whistle blower’s bill for the public for providing an incentive for citizens to report violators of our state and federal environmental rules and regulations dealing with illegal dumping: a positive step forward in attacking rampant illegal dumping statewide taking effect July 1, 2004 as Act 145.
Within five-and-a-half months of becoming law, on Jan. 28, 2005, Kaua’i’s very own “environmental” state Rep. Mina Morita introduces House Bill 1430 entitled “Solid Waste Disposal: Violations” described as follows:
“Applies the offense of petty misdemeanor disposal of solid waste to the illegal disposal of volumes equal to or greater than one cubic yard and less than ten cubic yards. Exempts green waste.”
This bill apparent intent was to define the parameters of size to an illegal dumping of solid waste, or so it appeared.
On Feb. 24, 2005 the “JUD recommended that the measure be passed, with amendments.” How was the bill amended?
The attached amendment repealed, revoked the “whistle blower’s” award sharing language as stated in State Act 145.
Why such a drastic reversal of policy in such a short period of time and why would an environmental advocate, Morita, introduce such a bill?
The answer lies in the Hawai‘i State Archives, in the minutes of the various testimonies during public hearings.
Testimony from the public was against removing the “whistle blower’s” award sharing language. Such as the Windward Ahupu’a Alliance on O‘ahu, three residents, Big Island Mayor Harry Kim, legislators all merely “defer(ed) to the Attorney General on any explanation of the details of the bill or the legal justification for the bill.”
Again: Why remove the award sharing language? In the words of Sen. J. Kalani English, Chair of the Committee on Energy, Environment, and International Affairs: “Your committee has amended this measure (Act 145 – 04) by deleting the fine splitting language in order to provide the authorized agency (DOH) an incentive to enforce this measure, and to provide it with the resources to do so.”
Apparently our Department of Health has a negative “incentive” posture when it comes to doing the job it is being paid to do. By removing the “fine splitting”, award sharing language, wouldn’t this discourage citizens from reporting illegal dumping sites?
Who needs the incentive more? The citizens or the citizen’s employees (DOH) who are paid by tax dollars and have the law enforcement capabilities behind them to set and collect the fines and enforce the laws?
The DOH needs “incentives”? I would think keeping your job would be incentive enough! What are we paying them for? Again, broken promises, pledges and principles.
John Hoff, Lawa‘i
Superferry, ‘death alley’ funds and charter schools
Kaua‘i not getting $950,000 for death alley and “forever” bypass road is probably due to game play of one-governor who blatantly earmarked funding to the Superferry fiasco, which ultimately caused our furlough and education scenarios to become a bigger disaster than already was.
Now, the audacity of some to point finger at charter schools mismanagement, specifically MBTA is over the top.
I see how it is and I’m sure Kauaians do also. Old boy maneuverings are running rampant.
Debra Kekaualua, Kapa‘a
Kaua‘i not biker-friendly
From time to time Kaua‘i tourism touts Kaua‘i as a paradise for bikers.
Absurd.
Anyone riding a bike on Kaua‘i’s roads is taking a serious risk of death or injury.
Speeding 18-wheelers, drunk drivers and gawking tourists on Kaua‘i’s narrow roads take all of the fun out of biking.
Why not open up the interior cane haul roads to bikers? It shouldn’t cost much, and increased biker interest could eventually pay those costs.
Just a thought.
Raley Petersonl, Pendleton, Ore.
Koloa Camp eviction a heartless move
At a time when the whole country is being encouraged to “buy American” in order to help our struggling economy, Grove Farm announces that they will be evicting long time residents of Koloa Camp in order to bring in pre-fabricated homes manufactured in China.
Although there is little doubt that they have a right to do this, I suspect that this heartless move and their arrogance in dealing with the people who are affected will come back to haunt them.
Linda Estes, Koloa
