Question: Regarding the Lahaina fire, is the individual homeowner or business owner liable to clean up their own property once the government allows that to begin, or will the government clean it up for them? If it’s the latter, will there be a charge for the cleanup, or will the government pay for everything? Will they contact property owners beforehand? How will owners who don’t live in Lahaina anymore but still have properties there be notified?
Answer: As you indicated, cleanup in the Lahaina fire zone is proceeding in two phases. The first phase, which is happening now, has the Environmental Protection Agency removing hazardous waste from burned properties, at no cost to the property owner and with no special permission needed from the property owner.
You’re asking about the second phase, debris removal, which will be conducted by the U.S. Army Corps of Engineers. Phase 2 will require written permission from the property owner. A property owner with insurance will be charged for this service, to the extent their policy allows; property owners without insurance will not be charged. Yes, property owners will be notified; they can sign up to receive email or text alerts at mauirecovers.org/sign-up. Property owners and their agents will be able to visit their burned properties between Phase 1 and Phase 2, but no dates have been set.
Maui County has posted a lot more information about the debris removal process on a new website, mauirecovers.org. Here is a brief summary of Phase 2 information:
Phase 2 cleanup, which will include the removal of structural ash and debris as well as soil testing to ensure the site is “clean, safe for rebuilding and free of potentially leached toxins,” can begin only after Phase 1 is complete. In Lahaina, hazardous waste removal (Phase 1) is still in the early stages.
For Phase 2, Maui County, the state, the Federal Emergency Management Agency and local officials will coordinate with the U.S Army Corps of Engineers to offer a comprehensive debris removal program. For service through this program, a property owner must complete a right-of-entry form, which should be available on the website soon, and agree that any payment designated in their insurance policy for debris removal will go to the agency managing the removal, as long as the payment does not exceed the cost of the service. Property owners without insurance won’t be charged, but must fill out the right-of-entry form. “No removal of non-hazardous, fire-damaged material will begin on private property without the permission of the property owner,” the website says. The county plans to open a Debris Removal ROE Processing Center where staff will help residents fill out the necessary paperwork.
Property owners don’t have to sign up for the government-sponsored debris removal program, but if they choose not to participate, they’ll have to hire a private contractor to handle the cleanup, at their own expense and to standards set by local, state and federal agencies. “This includes compliance with all legal requirements for disposal, authorized disposal sites, best management practices for activities on site, proper transportation and documentation of debris, soil testing and erosion control,” the website says.
Property owners can prepare for Phase 2 by gathering documents they’ll need for the right-of-entry permit. Besides the ROE form, they’ll need a government-issued ID; the declaration page and debris removal coverage page from their insurance policy, if they have one; the property’s Tax Map Key number; and the signatures of all owners, trustees or person with power of attorney (if applicable). If the property is owned by a trust or LLC, the first page of the trust or LLC document is required, as well as the signature authorization page, power of attorney signature page and any other relevant pages, the website says.
Write to Kokua Line at Honolulu Star-Advertiser, 500 Ala Moana Blvd., Suite 7-500, Honolulu, HI 96813; call 808-529-4773; or email kokualine@staradvertiser.com.
