There is much that’s unsettling about how languidly public regulations are viewed and treated, even, evidently, by those charged with enforcing them.
Two recent high-profile incidents — the Matson molasses spill and the illegal sludge dumping in Waianae — spotlight how weak oversight of rules meant to safeguard Hawaii’s environment, well-being and safety can lead to widespread damage and discord.
One of the worst environmental disasters in Hawaii’s history, Matson’s molasses spill earlier this month dumped 233,000 gallons of the syrupy substance into Honolulu Harbor, killing at least 26,000 fish and marine life and hundreds of coral heads.
Matson has rightfully claimed responsibility and said it will pay for all cleanup costs without passing them on to consumers; this will bear monitoring by regulators and clients. Troubling, though, is the yet-undetermined cost of environmental recovery and restoration, and on this, Matson is hesitant to fully commit until scope and costs are clearer.
More troubling still is the late-in-coming admission by Matson and state Department of Transportation officials that they knew of previous leaks detected at the molasses transmission pipe that caused the spill — leaks that came to light only after repeated inquiries from the media.
Transportation officials said workers had spotted a leak in July 2012 and informed Matson; the company said it investigated but found no leak. Then in May, state workers again reported leakage, but this time failed to notify Matson. The apparent lack of follow-up and concern after the 2012 incident is bad enough, but the serious failure in May suggests a negligence for which someone must be held to account.
The molasses spill put a harsh light on a "breakdown in our procedures and practices," as acknowledged by state Transportation Deputy Director Randy Grune. At the very least, the state now will be requiring all pipeline tenants to file, by next month, a written response of inspection dates, findings and a spill response plan for regulated and unregulated products. And that’s all for the good.
Like the molasses spill, it took a very public accident, with very public consequence, to reveal a faulty operation.
A major traffic jam was caused on Aug. 31 when sludge dredged from a Hawaii Kai marina spilled onto the H-1 freeway in Aiea. Investigation into that incident would reveal that SER Silva Equipment, the company hired by contractor American Marine Corp. to dispose of the marina sludge, was apparently dumping the material illegally in Waianae.
Under a February permit issued by the Army Corps of Engineers, the sludge was supposed to be dumped only in five Hawaii Kai-area sites. How much has been dumped, for how long, and how it might affect the Waianae environment for which it was not intended, are among the serious questions still to be answered.
Now, the federal Army Corps, state Department of Land and Natural Resources and city Department of Planning and Permitting are all looking into possible action against the Hawaii Kai marina association and its contractors. The sludge dumper will likely be required to remove the sludge from Waianae and return it to East Honolulu — as it should, as quickly as possible. Misuse of federal, state and city permits also may bring revocation of them as well as fines — as it should, as quickly as possible.
Waianae residents are rightfully upset over how government agencies at all levels allowed the project to occur when the work deviated so much from stated plans. These agencies rely on businesses’ compliance and prefer remedying of violations, not penalties, when it comes to rules adherence. Unfortunately, situations like these highlight the laxity of enforcement when regulations are violated, seriously eroding public confidence in the system.
Community vigilance certainly is vital, but stronger punitive means would help deter blatant disregard for permits and rules that are meant to safeguard our communities.
