HONOLULU — The Hawaiʻi Department of Health (DOH) issued a Notice of Violation and Order (NOVO) against Wailehua I, LLC for discharging soil and other construction materials into wetlands, which are considered state waters, without state permits and DOH authorization.

“Wetlands are critical to Hawaiʻi’s environment,” said Kathleen Ho, Deputy Director for Environmental Health. “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.”

In 2021, DOH’s Clean Water Branch (CWB) responded to a referral from the U.S. Army Corps of Engineers concerning the placement of unpermitted fill material in wetlands at a property on Wailehua Road, Kāneʻohe, Hawaiʻi. DOH determined that the respondent began discharging soil and other construction materials in 2015.

The NOVO requires the respondents to prevent additional discharges, remove all unauthorized material and pay a monetary penalty of $2.4 million. The respondents have 20 days to contest the NOVO and request a hearing.

All persons, including business owners, government agencies and visitors must comply with environmental laws designed to protect Hawaiʻi. Failure to comply with water pollution laws may subject violators to monetary penalties of up to $60,000 per day, per violation.

The DOH CWB responds to pollution of state waters. The CWB protects public health and the environment by prohibiting discharges which impair water quality, keeping Hawaiʻi’s waters fishable and swimmable for everyone. Private property owners and members of the community must comply with environmental regulations that are in place to protect the public. Failure to do so results in legal action by the state, federal partners and/or private citizens. 

Hawai‘i State Department of Health