Pohakuloa Radiation Hearings

Last night several of us attended the Nuclear Regulatory Commission (NRC) public informational meeting in Wahiawa related to DU contamination in Lihu’e (Schofield) and the Army’s application for an NRC license to “possess” the DU material.   The presentations were informative about the regulatory functions of the NRC.  But is was frustrating to learn the limited authority (or political will) of this regulatory agency to impose stronger restrictions on the Army.  And more shocking was how nonchalant their attitude was about the hazard in Hawai’i.  When questions were raised about potential hazards of conducting training activities in an area contaminated with DU, one NRC panel member basically said that the NRC doesn’t agree that there is a risk.  I was blown away. This is supposed to be an independent regulatory body?

NRC documents related to this docket can be accessed at:

http://www.nrc.gov/reading-rm/adams/web-based.html

  • Select “Begin ADAMS search”
  • Select “Advanced Search”
  • Enter Docket Number “04009083”

Comments on the Army’s license application can be sent to:

John Hayes
US Nuclear Regulatory Commission
Two White Flint North, Mail Stop T8F5
11545 Rockville Pike
Rockville, MD 20852-1738

Telephone (301) 415-5928
Fax: (301) 415-5369
Email: john.hayes@nrc.gov

DEADLINE to request a hearing is October 13, 2009.

Jim Albertini sent out this call to attend Nuclear Regulatory Commission public meetings in Kona and Hilo.   Anyone on the Big Island, please come out to demand a halt to training activities in the contaminated areas and the clean up of the DU and the hundreds of other military toxics in Hawai’i!

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Pohakuloa Radiation Hearings

Wednesday, Aug. 26, 2009 Time: 6 – 8:30 PM

Place: King Kamehameha Kona Beach Hotel


Thursday, Aug. 27th Time: 6 – 8:30 PM

Place: Hilo High School Cafeteria

Come out and express your concern for the health and safety of the people and the aina.

The U.S. Nuclear Regulatory Commission (NRC) will be holding hearings in Hilo and Kona this week on Depleted Uranium (DU) radiation at the l33,000-acre Pohakuloa Training Area (PTA), located on so-called ceded lands — Kingdom of Hawaii occupied/stolen lands. The Army is seeking a license from the NRC to allow the radiation from weapons training to remain in place. That’s the Army’s polite way of saying it wants a formal OK to do what it has already done — establish a radiation waste dump in an active bombing range in the heart of Hawaii Island.

Some background: It has been confirmed that hundreds, perhaps over 2,000, Depleted Uranium (DU) spotting rounds have been fired at PTA for just one weapon system — the Davy Crockett back in the l960s. Davy Crockett DU rounds were also fired on Oahu at Schofield Barracks, possibly Makua Valley and elsewhere in Hawaii. The Army disclosed it also fired Davy Crockett DU rounds at several locations in at least 9 other states and three foreign countries. Other DU rounds from many other weapon systems may have been fired over the past 40 years at PTA and other sites in Hawaii, since the number and types of DU munitions in the U.S. arsenal has increased dramatically.

Ongoing live-fire at PTA (millions of rounds annually) risks spreading the DU radiation already present. DU is particularly hazardous when small burned oxidized particles are inhaled. The Hawaii County Council, more than a year ago, on July 2, 2008, called for a halt to all live-fire and other activities at PTA that create dust until there is an assessment and clean up of the DU already present. 7 additional needed actions have also been noted by the Council. The military has ignored the Council and continues live-fire and other dust creating activities at PTA, putting the residents of Hawaii Island at risk, since no comprehensive testing has been completed.

It is now up to the people to sound the alarm. Seize this opportunity to speak up now, not only for your own safety but for our keiki and the aina, and for generations to come. Isn’t it time for the State of Hawaii to cancel the military’s land lease at Pohakuloa. Pohakuloa was never meant to be a nuclear waste dump. Mahalo.

Malu `Aina Center for Non-violent Education & Action P.O. Box AB Kurtistown, Hawai`i 96760.
Phone (808) 966-7622. Email ja@interpac.net http://www.malu-aina.org

September 11, Town Hall Meeting

Town Hall Meeting

Friday, September 11
Center for Hawaiian Studies
6-7pm: tables & social hour; 7-9 Town Hall Meeting

Featured guest speaker: Larry Everest, author of “Oil, Power & Empire”; independent journalist on Middle East affairs; frequent appearances on radio and TV (including Democracy Now); contributor to Revolution Newspaper for 30 years.

Organized by World Can’t Wait-Hawai`i

Poetry at Revolution Books

Revolution Books sponsors

An Afternoon of Poetry

with Darron Cambra, Tui Scanlan & Danny Sherrard
Sunday, August 30, 3pm

All three were on the Hawai`i slam team that went to Nationals. Each has their own CD or book of poetry. Join us in welcoming them to Revolution Books!

Army Makua study opposed

Army Makua study opposed

Wai’anae group asks court to order new one, delay live-fire training

By Will Hoover
Advertiser Staff Writer

A Wai’anae community group yesterday asked the federal court here to reject an environmental study prepared by the Army and require it to do a new one before soldiers are allowed to resume live-fire training at Makua Military Reservation.

Malama Makua, represented by Earthjustice attorney David Hen-kin, said the Army failed to adequately prepare contamination studies and archaeological surveys that are part of a settlement agreement between the group and the Army.

Malama Makua made its request to the U.S. District Court in Honolulu. The group is asking the court to set aside, or annul, an environmental impact statement prepared by the Army for training at Makua.

The military has not conducted live-munitions training in the 4,190-acre valley since 2004 while the Army addressed community demands that the training not harm archaeological and cultural sites, and the environment. The Army has been hoping to return to combined-arms, live-fire exercises involving helicopters, artillery and mortars.

The Army yesterday issued a statement saying it “has satisfied its obligations required in the previous settlement agreements.” The statement, issued by U.S. Army Garrison Hawaii, said the public has the right to challenge the process and that “it is standard Army policy not to comment on potential or ongoing litigation, and to allow the courts to reach a decision before responding.”

U.S. Army Garrison Hawaii spokesman Loran Doane said the Army has not set a date to resume live-fire training at Makua. He said any such training would not begin until the appropriate mitigation measures and conditions identified in the final environmental impact statement have been implemented.

Last month, Col. Matthew Margotta, commander of U.S. Army Garrison Hawaii, said he was confident that the Army would be able to balance cultural and biological resource protection in Makua with its training needs for soldiers.

Henkin said the Army has not complied with its end of the settlement agreement, even as Malama Makua agreed to permit limited Army training in Makua while the environmental impact statement was being prepared.

“We put on the table that we wanted to make sure that the Army would tell people if the food they put on the table is being poisoned by the military training,” Henkin said. “And we wanted complete information about the archaeological and cultural resources that could be lost forever if the Army returned to training at Makua.

“The Army promised to give those to us as part of the bargain. We didn’t get it. We’re back in court.”

Henkin said the Army was required to indicate the likelihood of past military training in the valley contaminating fish, shellfish, limu and other sea life area residents gather and eat.

Instead, he said, the Army conducted two questionable studies on fish and shellfish, only studied limu (seaweeds) that are not eaten by people, and did not study other sea life in the area at all.

Reach Will Hoover at whoover@honoluluadvertiser.com.

Source: http://www.honoluluadvertiser.com/article/20090813/NEWS01/908130335/Army+Makua+study+opposed

Group calls on judge to reject report on Makua

Group calls on judge to reject report on Makua

Army surveys lack critical valley data, Malama Makua says

By Gregg K. Kakesako

POSTED: 01:30 a.m. HST, Aug 13, 2009

As expected, Malama Makua asked a federal court judge yesterday to set aside the Army’s environmental impact statement justifying the continued use of the Makua Valley on the Waianae Coast for live-ammunition training.

Earthjustice, which has been representing Malama Makua since 2000, said the Army failed to prepare contamination studies and archaeological surveys of Makua Valley.

“The only studies of subsurface archaeology and marine contamination the Army did were so poorly designed that even the Army admitted they didn’t provide any meaningful information,” said Earthjustice attorney David Henkin. “This wasn’t what we agreed.”

Schofield Barracks officials declined to comment on the ongoing litigation, adding in a written statement that the Army “has satisfied its obligations required in the previous settlement agreements.”

At a briefing in Makua Valley last month, Col. Matthew Margotta, commander of U.S. Army Garrison Hawaii, said the Army hoped to resume live-fire training at the end of August. However, the Army would not say yesterday whether it is still looking at the end of the month as a start-up date, noting that the range and its roads need to be repaired since they were heavily damaged during storms in December.

Once training resumes, the military will not be using ammunition like tracer bullets and rockets, which were major causes of brush fires that initiated lawsuits from Malama Makua a decade ago.

The Army stopped live-fire training in the 4,190-acre valley in 2004, pending completion of an environmental impact statement. In June the Army completed the final version of the environmental statement.

But the advocacy group says the report falls short.

“The Army’s decision to resume training before completing the studies that are needed to find out the true cost of training at Makua is putting the cart before the horse,” Henkin said.

In a written news release, Malama Makua member Leandra Wai said: “I’ve observed training at Makua and many times have seen mortar rounds missing their targets and landing in places we know are full of ahu (shrines), petroglyphs, imu (earthen ovens), and other cultural sites. If the Army doesn’t live up to its promises and do a comprehensive survey of Makua’s cultural sites, we’ll never know what we stand to lose if the Army returns to training.”

However, last month Laurie Lucking, U.S. Army Hawaii cultural resource manager, said Army historians have identified 121 archaeological sites in the valley, including heiau, house platforms, agricultural terraces, enclosures and walls. There are also more than 40 endangered plants and animals that live there, mainly on the ridges of the Waianae Mountains.

“There is a continuous effort to find more sites so they can be identified,” she added.

Mākua range re-opening cause for legal conflict and military outreach

NŪHOU / NEWS
Story photo

Since World War II, soldiers, marines, reservists and members of the National Guard have trained for combat at Mākua. KWO archive photo.

Mākua range re-opening cause for legal conflict and military outreach

By Liza Simon / Ka Wai Ola Loa

The U.S. Army is set to resume live-ammunition training in O’ahu’s Mākua Valley under a plan that military officials say scales back operations and decreases the risk of hazardous impacts. The claim is being disputed by community opponents who vow to continue their legal challenge that resulted in a 2001 court ban on combat exercises in the valley pending a complete environmental examination of the 4,190-acre Wai’anae Coast site.

Eight years after the ban was put in place as part of the Army’s legal settlement with community group Mālama Mākua, the Army in June released the court-ordered final environmental impact study. In a subsequent “record of decision” made public on July 24, Army officials said the EIS provides information that shows the military can effectively balance training needs with stewardship at Mākua by following a plan that it says rolls back the scale of an earlier “preferred alternative,” which called for an annual 200 Convoy Live Fire Exercises (LFX) and 50 Combined Arms Live Fire Exercises (CALFEXES).

“Rather, the Army has decided on a greatly reduced option to 32 CALFEXs and 150 convoy-live fire exercises per year without the use of tracer ammunition, anti-aircraft Tube-launched, Optically-tracked, Wire-guided- or TWO missiles, 2.75-caliber rockets, or illumination munitions of any kind,” said Loran Doane of the Army Garrison Media Relations in an email response to Ka Wai Ola Loa. “The elimination of these weapons systems greatly reduces the risk of range fires and environmental threats to endangered species and cultural sites, yet allows small units to train locally without the costly burden of additional deployments to Pōhakuloa (Hawai’i Island) or elsewhere,” Doane added.

Story photo

At Mākua, a series of brushfires started by munitions explosions has spurred legal action to stop the Army from training in the valley. KWO archive photo

Doane also stressed that the Army followed guidelines of the National Environmental Policy Act (NEPA) in involving the local community in finalizing the Mākua Environment Impact Statement, or EIS. He said Native Hawaiians and their organizations participated in eight public meetings and gave oral and written comments, which were incorporated into the EIS. “(This) allowed for a full and fair discussion of significant environmental impacts. By providing means for open communication between the Army and the public, the procedural aspects of NEPA promote better decision-making,” Doane wrote.

But Wai’anae Harbor Master William Ailā Jr., a member of Hui Mālama O Mākua – an organization for cultural stewardship of Mākua Valley (and a supporter of Mālama Mākua, the group that filed the Mākua lawsuit) – said the EIS and decision to restart live-fire operations at the Mākua Military Reservation are flawed. “Based on my observations, the (soldiers) overshoot mortars beyond target areas. (Mistakes) are the nature of training exercises, but these adjacent areas have not been surveyed for either cultural sites or endangered species, so the EIS has no directions for mitigating those occurrences or any associated damage,” said Ailā.

As one of four Army training areas in Hawai’i, the military says Mākua offers unique topographical features and a perfect size that is strategically important for coordinated maneuvers of all military branches in Hawai’i.

Ailā argues that the fact that military has functioned efficiently for the last several years without Mākua is the “best indicator” that the Mākua Military Reservation is not so strategic. Ailā said the military should fulfill a promise it made to withdraw from the valley. The military facility is comprised of ceded lands classified by the state as a conservation district, and was set aside in World War II by the then-territorial government for military training purposes until 2025.

Story photo

Once a thriving agricultural boon for Native Hawaiians, Mākua Valley is now littered with unexploded munitions. KWO archives photo

Terms of the 2001 legal settlement required the Army to cease firing mortars and artillery in Mākua until completing surveys of more than 50 endangered plant and animal species and 100 archeological sites in the valley. A history of accidental wildfires sparked by the combat training was one of the main drivers in keeping the court decision in place. A 2003 brush fire destroyed several thousand acres of valley vegetation. A fire associated with Mākua Army training in 1994 got out of control and jumped Farrington Highway, burning down makeshift beach encampments that were home to several Wai’anae families.

The final EIS evaluated fire and other hazards of military training pertaining to four alternative plans, each one varying in intensity and scope of proposed weaponry uses and number of exercises. Along with an assessment of impacts, each alternative was appraised for the capacity to provide the most realistic training and preparation for the types of threats that soldiers in Hawai’i would expect to encounter in combat situations in Afghanistan and Iraq. Three of the four alternatives describe different training levels based in Mākua; the fourth is situated in Pōhakuloa Training Area on Hawai’i Island. The EIS also analyzes the cost and logistics of mitigating impacts of training that violate state and federal laws protecting endangered species, archeological sites and human health.

But the EIS information does not satisfy Earthjustice attorney David Henkin, who has represented Mālama Mākua in the nine-year-old lawsuit against the Army at Mākua. “The U.S. Fish and Wildlife Service has been allowed access to the training area and has concluded that there will be destruction to the native forest (with the resumption of training), but it is their kuleana to make sure there is no extinction and they have concluded they have proper measures to achieve this, but this is not the same thing as avoiding damage to irreplaceable cultural and environmental treasures, which is too high a price to pay for military training at Mākua,” said Henkin, who also disputes that the Army’s newly announced plan for Mākua marks a decrease in training. “The proposal is to use the same company level of training that existed when litigation started up in 1998.” Henkin said the Army played a “common trick” on the public by first selecting an alternative using weapons systems banned for decades. “Then they ratcheted back from the horrendous to the awful and expected the public to see this as responsive.”

Henkin called the Army’s “record of decision” a violation of the 2001 legal settlement and said he will represent Mālama Mākua in federal district court as early as this month in asking Judge Susan Oki Mollway to set aside the EIS and continue the injunction against live-fire training in the valley on O’ahu’s Leeward Coast. He says that the Army did not give serious consideration to alternative plan four, which would have moved the training maneuvers to the roomier and more remote Pōhakuloa Training Area. Army claims that this would incur cost and impose the hardship of extended separation on military families are exaggerated, Henkin said.

The Army said it would not comment on the proposed litigation. Army spokesperson Doane said that the lead expert in mitigation measures at Mākua could not be reached for comment in time for Ka Wai Ola Loa publication. The final Mākua EIS summarizes regulatory and administrative steps for mitigating risks associated with the live-fire activities; this includes the conservation recommendations of the U.S. Fish and Wildlife Service, which has authority to enforce regulations under the Endangered Species Act. In addition, Army officials have said they have plans to spend $6 million in Mākua on cultural and environmental site management.

The fact is that the Army is dedicating resources to staying at Mākua stems from fear of giving up property in Hawai’i, according to Ailā. “That was their foregone conclusion going into the EIS and that has swayed the results,” said Ailā, who traces his Native Hawaiian roots back several generations in the valley.

Story photo

A live fire training area since World War II, Mākua is the preferred site for simulated combat maneuvers before deployment to the Middle East. KWO archive photo

“It has concerned me that the largest pieces of land were taken from and/or are near the largest population centers of Native Hawaiians,” said Ailā, referring to the demographic makeup of O’ahu’s Leeward Coast. “The ongoing conflict over Mākua is an environmental justice issue,” Ailā added.

Ailā said he agrees with a conclusion shared by the Earthjustice attorney Henkin that the EIS does not contain adequate information on below-ground testing for archeological sites and did not finish a marine resources study to meet the community’s satisfaction. Ailā said the question of whether the military activities are resulting in harm to limu and fish from watershed runoff from Mākua Valley was never determined, because the EIS investigators “gathered the wrong species of limu from near beaches.” In addition, he said the EIS study identified arsenic and an estimated 40 other contaminants in fish from the Wai’anae Coast but did not determine if the elements were from a natural source or associated with the live-fire exercises.

Meanwhile, Nānākuli resident Bill Punini Prescott, a retired sergeant first class, said the legal challenge and opposition to Mākua military presence does not have widespread support from Native Hawaiians, including himself. “My main concern is that our soldiers are adequately trained so that they are not in harm’s way when they are fighting for our country,” said Prescott. “My neighbor just spent one year away from his family in Iraq. Now he is being sent to Fort Hood for training, when he could have gone right down the road to Mākua,” said Prescott.

Prescott said he is also has concerns about the taxpayers money that Congress is giving to rebuild and make accessible Mākua cultural or environment sites. Heiau, stone terraces and water springs are found elsewhere on the Leeward coast, he said. “Practitioners are giving many different opinions on what is sacred. It does not sound like Mākua is the only place that they can observe their traditions,” he said.

Prescott said he believes a majority of Native Hawaiians are more concerned about loved ones who have gone on active duty deployment in the Middle East wars than with the task of making Mākua safe for public use again. “The cost is prohibitive. During World War II, the valley was the central training area for troops landing on (O’ahu’s) beaches. In support of these operations, there were preparatory landings from ships, and bombing by air and land artillery. As a consequence, there are unexploded munitions not only in the valley but on the mountain sides, as evidenced after heavy rains. Additional live firings during the Korean and Vietnam wars also added more unexploded weaponry, thereby adding to the cost for clean-up,” he said.

The 2001 court settlement has allowed for 26 non low intensity training events in five years on the condition that the Army would continue to work on the EIS, but last December’s heavy rains wrecked valley roads that function as legally required firebreaks. No training has taken place since then. This prompts Earthjustice attorney Henkin to suggest that the lack of effective fire suppression coupled with current dry weather conditions raises the risk for brushfires and will prevent the Army from immediately implementing its “record of decision.”

But Army spokesperson Doane said road repairs will move along quickly with a recent infusion of $6 million in federal aid. While acknowledging that firebreak road repairs must be done before live fire training starts up again, Doane said other types of combat-readiness exercises may begin immediately.

The resumption of flying bullets and exploding ordnance at Mākua coincides with a major Army outreach campaign to Native Hawaiians. The Army has briefed the Council on Native Hawaiian Advancement and Alu Like Inc. on the military in local economic development and employment issues, said Doane.

Earlier this year, Army Col. Matthew Margotta hired Annelle Amaral as the Army’s new Native Hawaiian liaison. Amaral, who said she has served as a mediator at oft-times contentious public meetings on the military’s plan for the Stryker Brigade in Hawai’i, said that Margotta epitomizes a new generation of military leaders who value cultural sensitivity. “He has said many times that ‘this is not your father’s Army,'” said Amaral, a former member of the Honolulu Police Department and a former elected official. She added that the new command this year has poured $1 million into ensuring that Mākua valley’s Hawaiian cultural sites are accessible

At the Army’s request, Amaral last month organized a helicopter tour of the Mākua range for Hawaiian leaders. “The idea was to invite those with large constituencies so they can inform others about the work that has been going on in the valley,” said Amaral, adding that the invitees asked many probing questions. “I was proud that they took this tack.”

Those who made the trip included Hawaiian business executive Chris Dawson and Hawaiian Civic Club leader Leimomi Khan.

Mākua Military Reservation critic William Ailā was not invited on the tour and neither were any other members of Hui Mālama O Mākua or Mālama Mākua. “I am disappointed that the people in the trenches working on the restoration of the valley were not there to give some historical context,” said Ailā. “As cultural practitioners, our access to the valley has been limited to about 20 percent of what it used to be,” he added, explaining that a new Pentagon policy prevents people from going anywhere in the valley where ground has been checked to a depth of 12 inches for unexploded ordnance. “They say it is about liability, but I am willing to sign a waiver. There’s an ongoing problem of access and just another reason to look forward to the promised return of Mākua to the community.”

The training site that is bordered by the ridge of the Wai’anae Coast mountains and continuous white sand beaches was once renowned as Hawai’i’s breadbasket, Ailā said, adding that “more than 100 years ago, Mākua had a reputation on the U.S. continent for supplying the sweetest melons, abundant sweet potatoes and mountain apple.”

Kahu Kaleo Patterson, who took the Chinook helicopter ride into the valley last month, said the Army guides had “a lot of good things to say about wanting to reach out the community. “I would say it’s important to take the military up on its offer and reach back. Request the education (about their environmental work) they say they want to offer. Go see for yourself and don’t just jump on one side, based on what you hear second-hand.”

Patterson said that at the end of the tour he found himself standing next to Col. Margotta at on a high ridge overlooking the expansive ocean bay. “I told him that so many of our island families have buried loved ones or scattered their ashes out there. We’ve honored our loved ones by floating leis on the waves out there,” he said. “This is a reminder that this valley is not just filled with cultural resources and endangered species. It is very sacred and activity that takes place here should take this into consideration. If this place is eventually restored as an ahupua’a, it could have importance to all the world.”

“It’s too bad there is no section in that EIS that talks about spiritual impacts,” Patterson said.

Army studying effects of dumping of chemical and conventional munitions at sea

Army is studying effects of dumping live ammo in sea

By Gregg K. Kakesako

POSTED: 01:30 a.m. HST, Aug 04, 2009

For the past two years, the Army has reviewed more than 2 million documents under a congressional mandate to pinpoint and determine the effects of dumping of chemical and conventional weapons into the ocean — which was banned in 1972.

To date, the Pentagon has spent $7 million to determine the location of these munition dumpsites in Hawaii, analyze the effects on the environment and determine ways to remove the unexploded ordnance.

Tad Davis, the Army’s deputy assistant secretary for the environment, safety and occupational health, is in town this week to meet with Army officials, University of Hawaii scientists involved in several of the ocean monitoring and testing programs and members of the staffs of Hawaii’s congressional delegation.

He also will attend a special session of the Nanakuli and Waianae neighborhood boards tomorrow night to discuss the ongoing environmental issues at Makua Military Reservation, where the Army hopes to resume limited live-fire exercises at the end of this month.

Besides Hawaii, there were chemical weapons sea disposal sites in the Atlantic Ocean, the Gulf of Mexico and off Alaska.

Off Oahu there were three areas where chemical weapons were thrown overboard — two off Pearl Harbor. One is 10 miles south of Pearl Harbor where the ocean depth is 10,000 feet; another is five miles south of Pearl Harbor at a depth of 1,000 to 1,500 feet. The third is believed to be 10 miles west of Waianae where the depth is 10,000 feet.

About 2,000 conventional munitions — weapons that are not nuclear, chemical or biological — were dumped in the shallow waters off Waianae known as Ordnance Reef.

The Army Corps of Engineers hopes to begin clearing the reef and the ocean bottom of conventional munitions at Ordnance Reef, using robotic techniques beginning next summer. The Pentagon’s goal is to clear the water from the shoreline to 120 feet of unexploded munitions.

Davis said the Army will conduct another series of tests sampling the water, sediment, fish and limu living in the Ordnance Reef area later this month and in September. This is part of an ongoing study — the first done in May 2006, followed by another one last winter.

Davis said the Army, the university and other scientists are still studying the data and video obtained earlier this year by two UH deep-diving submersibles which scoured the ocean bottom at 1,500 feet, five miles south of Pearl Harbor.

The Army believes 16,000 M47-A2 bombs, containing 598 tons of mustard gas, were dumped there in 1944.

The Army says that between 1932 and 1944 chemical weapons such as blister agents lewisite and mustard gas and blood agents hydrogen cyanide and cyanogen chloride were disposed in the area.

There are no current plans to remove these canisters.

Davis said the deep-water survey “gave us a better understanding of disposal techniques.”

It was believed before the survey was started that the chemical weapons were thrown overboard at one site. However, Davis said “the (disposal) vessel was moving on a certain course and disposing of the munitions since they were found in a line on the ocean floor.”

Ocean dumping of munitions and other materials is illegal without a permit from the Environmental Protection Agency, according to the 1972 Ocean Dumping Act. The United States signed an international treaty in 1975 prohibiting ocean disposal of chemical weapons.

Source: http://www.starbulletin.com/news/20090804_Army_is_studying_effects_of_dumping_live_ammo_in_sea.html

Homeless or internally displaced peoples?

Most of these houseless families are Kanaka Maoli (Native Hawaiian).  It would be more historically accurate to describe them as landless or internally displaced peoples, uprooted from ancestral homelands by America’s taking of Hawaiian lands, ‘collateral damage’ of U.S. occupation. The eviction of the houseless from the beaches is only moving them further into the bush.  Meanwhile the government is not building new shelter or affordable housing.  So the

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Posted on: Monday, August 3, 2009

Hawaii’s homeless, rousted from parks, now living in remote areas

Many believe – incorrectly – that police lack jurisdiction there

By Will Hoover
Advertiser Staff Writer

Remote, unimproved and isolated O’ahu beaches have become the newest homeless refuge for some of those forced to vacate Wai’anae Coast park encampments in recent months.

With fewer beach parks available, homeless camps are spreading to unimproved coastal stretches – with Ma’ili Point and an area beyond Kea’au Beach Park chief among the sites.

These areas are increasingly favored by homeless who want no part of the shelter system. That’s because of an incorrect perception that these locations are outside the jurisdiction of Honolulu police enforcing the effort to keep reclaimed city beaches free of tent city populations.

While homeless-service workers say the number of tent dwellers has increased in these locations, precise figures have been elusive. A City & County of Honolulu Point-in-Time Count of Homeless conducted in May noted that volunteers along the Wai’anae Coast did not survey “homeless individuals residing in areas that they felt were unsafe to visit.”

Some unimproved and secluded beach locations present additional health and sanitation risks as more tent dwellers move in and take over. And police report that a recent rise in crime at Kea’au Beach Park and the bush area beyond could be a result of overcrowding.

“We’re discussing what we can do when they congregate on our beaches,” said Russ Saito, homeless-solutions coordinator for the state, referring to a bush area on unimproved city state, and private lands in Makaha with a reputation so fearsome it’s often referred to as “the wild west.”

“In the area past Kea’au Beach Park, it’s hard even for us to ask our outreach providers to go out there. Because many of them are women, and that’s not exactly the safest environment.”

Utu Langi, who in addition to running the Next Step shelter in Kaka’ako, feeds Wai’anae Coast homeless on weekends through his program Hawai’i Helping the Hungry Have Hope, said he has noticed the growing population of unsheltered people in isolated coastal areas.

“The natural reaction to the closing of these parks is that they (homeless folks) hide out,” said Langi. “They tend to find places that are kind of hard to access. When if comes down to our trying to provide for some of their needs, it’s pretty challenging.”

More than two years ago, the City and County of Honolulu adopted a strategy to clean up and reclaim city beach parks along the Wai’anae Coast taken over by an explosion of tent dwellers made homeless largely by rapidly rising home prices beginning around 2003.

The strategy became feasible after Hawai’i Gov. Linda Lingle passed an emergency proclamation that allowed the state to fast-track an emergency and transitional homeless shelter system along the Leeward Coast.

Once that system was in place, city police began systematically giving homeless beach people four weeks’ notice to leave a particular beach park by a certain date, after which it would be closed to the public while work crews cleaned and improved the facilities.

When a park reopened, signs were posted stating it would be closed nightly from 10 p.m. to 5 a.m. – making it difficult for tent dwellers to regain a foothold.

Since October 2006, hundreds of beach dwellers on the Wai’anae Coast have been displaced as city work crews have conducted park improvement projects at more than half a dozen major beach parks.

In June, a large and long-standing encampment at Depots Beach in Nanakuli disappeared. Two weeks ago, city crews shut down Lahilahi Park in Makaha after the last of some three dozen homeless people pulled up stakes and departed on July 19.

Tulutulu Toa, homeless-ness specialist for the Wai’anae Community Outreach program, said 20 of those at Lahilahi have signed up at the state’s emergency homeless shelter in Wai’anae. As for the rest, there’s no telling where they could be.

“Some of the individuals move, but we don’t know where they move to,” she said. “They move in with friends or relatives, or they move to another beach.”

More and more, they are moving to an area between Lualualei Naval Road in Nanakuli and Ma’ili Point along Farrington Highway.

One person who moved there after being evacuated from another beach park is Renee Barrett, 47. Barrett says she has spent much of her life in prison and admits she’s had problems with drug and alcohol abuse. That’s in the past, she insists. Now, she wants only to stay on the beach.

“This is my lifestyle,” said Barrett. “I refuse to go in the shelters. It would be like I’m institutionalized again. I’ve maxed out my time.”

If she’s ever forced to leave the water’s edge, she’ll find shelter on somebody’s porch, she said. Or she’ll sleep on the sidewalk: “I know how to survive.”

According to Toa, some move to unimproved beaches because they believe those are outside Honolulu Police Department jurisdiction.

“Yes, that’s correct,” said Toa, who believes the Nanakuli to Ma’ili Point stretch will be evacuated and cleaned by the city and county before the end of this year. If and when that happens, Kea’au Beach Park in Makaha – already the most crowded and remote beach park population on the Wai’anae Coast, and a growing concern for police – could explode and spill over into the vast thicket known as “the wild west.”

Toa tells tent dwellers she invites into the shelter system that one day all beaches along the Wai’anae Coast – including those in the farthest reaches – will be evacuated, cleaned and thereafter closed overnight. Whether there would be enough shelter space to accommodate the waiting homeless, were they to decide they even wanted it, is anybody’s guess.

And it is highly unlikely that more shelter space will be built, given the state’s budget crisis, Saito said.

Meanwhile, time seems to be running out for those who sleep under the stars. Honolulu Police Maj. Michael Moses warned that no beaches along the Wai’anae Coast are outside police jurisdiction.

“Ma’ili Point is actually on unimproved city and park land,” said Moses. “And we have jurisdiction at state parks – different rules, though. We can enforce state park rules, which actually are stricter than the city park rules.”

Reach Will Hoover at whoover@honoluluadvertiser.com.

Source: http://www.honoluluadvertiser.com/article/20090803/NEWS01/908030345/Hawaii+s+homeless++rousted+from+parks++now+living+in+remote+areas

More on EPA response to illegal city dumping

Posted on: Friday, July 31, 2009

EPA orders Honolulu to clean stream after illegal city dumping

Order follows illegal placement of construction debris

By Gordon Y.K. Pang
Advertiser Staff Writer

The U.S. Environmental Protection Agency ordered the city to clean and restore Ma’ili’ili Stream after the illegal unloading of concrete rubble, metal debris, used asphalt and other construction debris by city employees.

Jeffrey Cudiamat, the city’s director of facility maintenance, said crews from his agency are responsible for the material in the stream and that an internal investigation is under way. Cudiamat and other city officials said the debris wasn’t dumped into the stream, but rather was placed along the bank to create a temporary access path.

The EPA order, issued yesterday, calls on the city to submit a removal and restoration plan, including the placement of erosion and sedimentation control measures, within 60 days. The city is also required to submit a final report when the work is done.

State Health Department inspectors first were alerted to the debris in the bed and bank of the stream in June by EnviroWatch, a nonprofit environmental watchdog group.

State and federal officials, with the cooperation of the city, later determined that the materials were put into an area estimated at 1.08 acres of the stream and along both banks between February 2008 and May 2009. EPA officials said the fill was about eight yards wide and stretched about 175 yards.

The U.S. Army Corps of Engineers issued a notice of unauthorized activity to the city on June 18. The EPA has since taken jurisdiction over the matter.

Dean Higuchi, EPA spokesman, said the city violated the federal Clean Water Act, which prohibits the placement of dredged or fill material into waterways without a permit.

“Anytime you fill a stream, or alter it, you need to get permits from the Corps and in this case they didn’t even do that,” Higuchi said. A major concern for the EPA is the potential for the fill to wash downstream and into the ocean during a big rain, he said.

“That could impact not only water quality, it could also impact the ecosystems,” he said. “You basically could bury a coral reef with all that stuff.”

federal probe

A federal investigation is ongoing and the order does not preclude the EPA from taking other action, including issuing fines or penalties.

“We’re still looking into this situation and trying to figure out why this went on without them even asking the question,” Higuchi said.

Larry Lau, the Health Department’s deputy director for environmental health, said his agency considers the situation “serious” and that the Clean Water Branch is also investigating the matter.

Cudiamat said the city is cooperating with the EPA order.

“We are working to ensure full compliance with such requirements in the future, and have already taken affirmative steps to complete the action items set forth in the EPA’s order,” he said.

The city began removing the material about a month ago after being notified of the situation by regulators, but then was “advised to await further guidance,” Cudiamat said.

He and other city officials declined to answer specific questions about who was responsible for creating the road or failing to obtain the permits, citing a city investigation.

EnviroWatch president Carroll Cox said he doesn’t buy the city’s explanation about the building of a temporary pathway, noting that debris was being transferred there over a period of 15 months.

“There’s no such thing as a temporary road in a river bed,” he said.

taxpayers foot bill

Cox said he was tipped of by workers in the Department of Facilities Management who said the materials were originally from Honolulu-area roads and sidewalks and were being disposed of in the stream to avoid paying tipping fees at the privately owned PVT Landfill, the only O’ahu disposal facility allowed to accept construction waste.

City workers responsible should lose their jobs and criminal charges should be brought, Cox said.

What’s most disturbing is that the island’s taxpayers are going to end up footing the bill for cleaning the situation up, Cox said.

City Councilman Donovan Dela Cruz, who heads the council’s Public Safety & Services Committee, said he looks forward to reviewing Facility Maintenance’s cleanup plan “and evaluating the costs associated with the cleanup in order to restore Ma’ili’ili Stream to its previous condition.”

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com.

http://www.honoluluadvertiser.com/article/20090731/NEWS01/907310362/EPA+orders+Honolulu+to+clean+stream+after+illegal+city+dumping

EPA orders city to clear illegal fill from Mailiili Stream

Updated at 11:28 a.m., Thursday, July 30, 2009

EPA orders city to clear illegal fill from Mailiili Stream and restore stream bed

Advertiser Staff

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.

Source: http://www.honoluluadvertiser.com/article/20090730/BREAKING01/90730054/EPA+orders+city+to+clear+illegal+fill+from+Mailiili+Stream+and+restore+stream+bed