Hilo man threatens
By Rod Thompson
lawsuit over holes
Star-BulletinHILO -- When Hawaiian Homes beneficiary Patrick Kahawaiolaa saw fellow beneficiaries filling big holes on their land with construction debris, he figured it would be good for his land, too.
Bad idea, the Department of Hawaiian Home Lands responded, and ordered him to empty his holes.
Now Kahawaiolaa, who has been angry with the department in the past, is huhu (upset) again and threatening to sue.
Kahawaiolaa was awarded 5.8 acres of nominally agricultural land in the Panaewa area of Hilo in 1985. He planned to use it for subsistence crops.
But the land is basically pahoehoe rock with a couple of holes 10 to 15 feet deep and 30 to 50 feet across.
In August, Oahu Construction Co., under a state contract, began demolition and reconstruction of the aging Lanakila Homes low-income housing administered by the Hawaii Housing Authority.
Kahawaiolaa saw some friends getting deliveries by the company of demolition materials, a mix of dirt, rock, old lumber, and concrete.
Hawaiian Homes Hilo agents Ed Andrade says Kahawaiolaa got 15 truckloads dumped in one of his holes.
Kahawaiolaa says Oahu Construction dumped material like lumber, covered it with three to four feet of dirt, and flattened it with a bulldozer.
John Harder of the state Department of Health says state and federal law prohibit the activity unless special precautions are taken because treated wood and drywall, for example, have materials in them that can leach into ground water.
Hawaiian Homes head Kali Watson said, "It's totally unacceptable."
The department has taken action in the past when homestead areas have been abused by illegal dumping, he said.
On Friday Hawaiian Homes ordered Kahawaiolaa to start removal of the material. "That's not going to happen," he said.
Kahawaiolaa accused the department of singling him out because he has protested several of the department's actions in the past.
In 1993-96 he protested construction of a Hilo shopping center on department lands he said should have been used for housing.
He has an ongoing dispute with the county Department of Water Supply, saying Hawaiian Homes is supposed to provide free water to beneficiaries.
Harder said the Health Department has not cited other people receiving fill illegally because Hawaiian Homes hasn't brought their cases to his attention.
But he plans to send an investigator to see if there are other violations, he said.
Harder said Oahu Construction is also in violation. A company spokesman was not immediately available for comment.
