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AHALUU, Hawaii – The Hawaii Department of Health (DOH) imposed a $2.4 million penalty on real‑estate firm Wailehua I, LLC for illegally dumping soil and construction debris into Kahaluu wetlands. The Clean Water Branch issued a Notice of Violation and Order (NOVO) on Oct. 6 2025 after aerial photos from the U.S. Army Corps of Engineers (USACE) revealed contamination in state waters dating back to June 13 2025, later confirmed on Oct. 27 2015 during an on‑site delineation. DOH determined that from Oct. 27 2015 to Feb. 23 2016, the company violated 120 counts of Hawaii Rev. Stat. §342D‑50(a), which forbids discharging pollutants into state waters without a permit, certification, or variance.
Wailehua I, LLC acquired the 2.46‑acre Wailehua Road subdivision (formerly TMKs) in March 2015 and began the unlawful fill in 2015–2016. The unauthorized activity was uncovered in Dec. 2021 when the DOH CWB received a USACE referral. The firm must request a hearing within 20 days and remove all illicit material to stop further discharge. Failure to pay the fine within 30 days will allow DOH Director Kenneth S. Fink to file a civil suit for the amount owed.
“Wetlands are vital to Hawaii’s ecosystem,” said Deputy Director for Environmental Health Kathleen Ho. “Regulations protect these areas, and all parties involved in construction near wetlands must adhere to environmental laws to safeguard water quality.”
