Environmental Crimes in Hawaii: A Guide for Law Enforcement

This information was developed to assist local law enforcement officers to identify, investigate and report environmental offenses. Local and State law enforcement officers are the "eyes and ears" of the community and can assist regulatory agencies to protect human health and the natural environment.

The general public is encouraged to be vigilant as well, and to report illegal dumping to the appropriate regulatory agency or through the Environmental Concern Line at 768-3300 or by email through this website.

Listed below are examples of common environmental crimes that a police officer might encounter while on patrol or you may spot in your neighborhood or around the island. For each example, information is provided regarding potential charges, recommendations for the collection of evidence, agencies that will provide investigative support, notification information, and warnings concerning safety issues.

Our HPD officers are trained and equipped to handle investigations and violators. The general public is cautioned not to approach or engage violators or to get too close to dumping areas. Please just report what you see to the appropriate agencies.

Contact Information -- Who to Call

Illegal Dumping happening now or involving hazardous materials -- 911
Police can respond quickly to hopefully catch the violators or to secure the scene if hazardous waste is involved. They will contact emergency response teams to manage the hazardous materials.

Emergency situations, hazardous waste dumping and spills (chemicals, drums) -- Hawaii State Dept. of Health, Hazard Evaluation and Emergency Response (HEER), 586-4249 (daytime), 247-2191 (after hours)

Oil and Petroleum Spills into Waters -- U. S. Coast Guard, 800-424-8802

Water Pollution -- Hawaii State Dept. of Health, Clean Water Branch, 586-4309 (daytime)

Non-Emergency Solid Waste Dumping (household waste, appliances, abandoned vehicles, construction debris) -- Hawaii State Dept. of Health, Solid and Hazardous Waste Branch, 586-4226 (daytime)
City & County of Honolulu, Dept. of Environmental Services, 768-3300 (daytime)

Investigative Support -- U.S. EPA Criminal Investigation Division, 554-5650 (24 hr.) and 265-1260 (24 hr.)

Disposal or Abandonment of Hazardous and Regulated Waste in Containers


5-Gallon Buckets

5-Gallon Buckets

55-Gallon Drums

55-Gallon Drums

Examples: Waste solvents, paint waste, waste acids, used oil, waste flammable liquids.
Investigative Procedures: Photograph containers, including any labels and markings; interview local residents/workers regarding suspicious activity in the area; secure scene; report incident to appropriate agency.
Potential Charges
: HRS-342J (Hawaii Hazardous Waste Laws) -- Illegal transportation, storage, abandonment or disposal of hazardous wastes and used oil, misdemeanor or felony, 1-5 years incarceration, fines $25,000-50,000 per day.
Contact
: HDOH HEER Office for initial response and to coordinate cleanup; USEPA-CID for investigative support.
Safety Concerns
: Do not come into contact with waste, stay upwind from open containers or spills, do not move containers.

Water Pollution (Lakes, Streams, Canals, Harbors, Marinas, Ocean)


Discharges and Spills

Oil

Household Waste
Examples: Oil, liquid waste, paint waste, garbage, pesticides, human and animal waste, sand blast grit.
Investigative Procedures: Photograph discharge; trace discharge back to source; photograph source; identify involved parties and suspects.
Potential Charges
: HRS-342D-50 (Water Pollution) -- discharging pollutants into state waters, misdemeanor or felony, 1-3 years incarceration, fines $25,000-50,000; Federal Clean Water Act, misdemeanor or felony, 1-3 years incarceration.
Contact
: USCG or HDOH HEER Office for spills; HDOH Clean Water Branch for other types of water pollution; USEPA-CID for investigative support.
Safety Concerns
: watch for ignitable waste (gasoline and other fuels) floating on water surface, stay upwind if chemical smell is detected.

Illegal Solid Waste Disposal

Examples: Household garbage, construction debris, appliances (white goods), industrial garbage, abandoned vehicles.
Investigative Procedures
: Photograph waste; look for names and addresses on mail, labels, or other written materials; interview neighbors and other witnesses regarding suspected dumpers.
Potential Charges
: HRS-342-H30 (Solid Waste Pollution) -- Disposal of solid waste greater than 1 cubic yard on public or private lands without authorization, misdemeanor, 30 days incarceration, $25,000 fine; HRS-708-829 (Criminal Littering) -- Petty misdemeanor, $25-500 fine.
Contact
: HDOH Solid and Hazardous Waste Branch; City and County of Honolulu, Department of Environmental Services; USEPA-CID for investigative support.
Safety Concerns
: Watch out for sharp objects such as needles, blades and nails while collecting evidence.

Batteries

Examples: Lead/Acid batteries from vehicles and industry.
Investigative Procedures
: photograph waste, look for information in waste pile and on batteries to identify source, interview neighbors.
Potential Charges
: HRS-342I (Special Wastes Recycling) -- Covers the illegal disposal of lead/acid batteries and the disposal of battery electrolytes (battery acid) onto the soil, into waters, or into sewer systems, misdemeanor, up to 1 year incarceration and $10,000 fine. For large dump sites (HRS-342J), Hawaii Hazardous Waste Law, misdemeanor or felony, 1-5 years incarceration.
Contact
: HDOH HEER Office to report dump sites; USEPA-CID for investigative support.
Safety Concerns
: Do not come into contact with battery acid (electrolytes).
© 2005 City & County of Honolulu's Department of Environmental Services.