Plea deferred for hauler who dumped trash on private land
A former truck driver for a private trash hauler was granted a deferral of his no-contest plea for disposing more than 10 cubic yards of solid waste on private property.
Henry N. Silva, 39, was indicted last November, the first to be prosecuted under a new law that makes it a felony to dump more than 10 cubic yards of solid waste.
Silva had picked up a trash container in Haleiwa in September 2004 that contained what he believed to be dirt and rocks and was headed up Kamehameha Highway toward Wahiawa when he determined his load was too heavy, making it difficult to drive.
After conferring with his company's dispatch, Silva drove onto private land in Poamoho owned by the Galbraith Estate and dumped the contents of the container. The waste included concrete rubble, plant and tree stumps, and discarded furniture.
It is unlawful to dump solid waste anywhere -- on public or private property -- without a permit.
Silva maintained he didn't know the load contained anything other than dirt and rocks. "It wasn't his fault," said defense attorney Eric Seitz. "The whole thing was a mistake and the company (Trash Man) has taken responsibility and paid a civil fine."
Deputy Attorney General Mark Miyahira opposed the deferral, arguing that dumping is an ongoing problem across the state. He asked for 250 hours of community service, which was denied. Silva could have faced up to five years in prison and a $50,000 fine.
Instead, Circuit Judge Karl Sakamoto ordered Silva to pay $500 to the crime victims fund. If Silva abides by conditions similar to probation for five years, his record will be cleared.