Updated at 11:28 a.m., Thursday, July 30, 2009
EPA orders city to clear illegal fill from Mailiili Stream and restore stream bed
The U.S. Environmental Protection Agency said today that it has ordered the city to remove illegal fill from Mailiili Stream in Maili and to restore the stream bed and banks.
The EPA said the city will be required to:
- Halt further placement of material into the stream.
- Submit a plan to remove the material and restore the stream within 60 days.
- Submit a final report to the EPA when the work is done.
In June, inspectors from the state Hawaii Department of Health inspected the stream after it received a complaint that the city had used equipment to place concrete and other material in the bed and bank of the stream.
Inspectors found the material and work reports that confirmed the city had placed it in the stream between February 2008 and May 2009.
On June 18, the U.S. Army Corps of Engineers issued a notice of unauthorized activity notifying the city of alleged violations for placing concrete slabs and other fill in the steam.
The city had filled an area of about 1.08 acres in Mailiili Stream. Along the stream's north and south banks, the fill was about eight yards wide for a distance of about 175 yards. Fill extended across the entire 33-yard channel width for the uppermost 70 yards of the stream.
The Clean Water Act prohibits the placement of dredged or fill materials into wetlands, rivers, streams and other waters of the United States without a permit from the U.S. Army Corps of Engineers.