Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Illegal Dumping - The Problem Solving Workshop
#1
Illegal Dumping - The Problem Solving Workshop

Just got home from a five hour session hosted by Assistant Prosecuting Attorney Mitch Roth.  It was held at the county conference room in Hilo.  About twenty people attended including a number of police officers and representatives from Recycling, Public Works, Mayor’s Office and Department of Motor Vehicles.  I can't name everyone that attended but it did include Councilman-elect Fred Blas, Maddie Green, Rene Siracusa, Lisa Yang, Cynthia Young, Mike Hale and Christine Waters.

I didn’t realize at first that it was a Problem Solving Workshop . I thought it was an illegal dumping public conference.  In essence it was a combination of the two.

The Problem Solving Workshop aspect had the process on the front burner and was an extensive and at time tedious process of analyzing a problem from the perspective of government as an organized path toward solutions. The fact that the selected problem was illegal dumping gave me enough purpose to stay.  I am not naturally enamored of being taught thinking processes and find them to be restrictive.  In my mind there are two approaches to problems in organizational thinking.  One is Process Oriented Solutions and the other is Goal Oriented Solutions.  I prefer goal oriented.  The Problem Solving Workshop was process oriented.

So as we were drawn into the process there were ascending levels of analysis of various aspects of illegal dumping.  Stake holders, victims, offenders, visions, objectives, obstacles  Those attending were divided into three tables and each chose a specific illegal dumping problem.

I was at Table One with Fred Blas and the selected problem was repetitious dumping of household waste, abandoned cars and dead pigs within the Nanawale subdivision.  Almost all my notes are from Table One.  So if other attendees read this feel free to expand your your tables ideas.

Table Two selected abandoned cars in WaaWaa.

Table Three selected an illegal rubbish site on the Red Road referred to as “The Hole”.

I won’t and can't bore you with line by line detailing of the lists that were made.  There were a lot of lists.  It took four hours to approach the subject of proposed solutions.  

Table One, Nanawale dumping:  There was broad discussion of the limits of prosecuting illegal dumpers.  Apparently to commit a felony one has to dump ten cubic yards of trash in a location, otherwise it is a misdemeanor.  Only two cases of successful prosecution of this misdemeanor charge could be recalled by Mitch Roth.  The police officer at Table One could think of no occasions when someone was arrested.  I stated that talking about increasing penalties for dumpers that no one sees or can identify much less prosecute seemed fruitless though it made legal sense (process oriented).  

At Table One I suggested that the problem in Nanawale should be looked at that the public (which included illegal dumpers) was in effect making their own solution to inconvenient hours and locations to dispose of rubbish.  It was a messy solution and unacceptable but repetitive dumping in locations was a sign of people making their own solutions.  Therefore instead of trying fruitlessly to catch them, the alternative might be to get large dumpsters and place it at locations where people are already dumping or as close as practical.  This can be done by the Nanawale Homeowners Association with a grant from Matson.  Puna Makai only has three transfer stations.  maybe we need more... like nine.  The other six can be  dumpsters placed in the dark quarters of heavy illegal dumping.  It might be a good community driven, private sector solution.  Perhaps  a pilot program which could later be embraced by the county.  Fred Blas and most of our table seemed attracted to this theory.

Table Two was focused on abandoned and burned out cars.  The DMV representative pointed out a couple interesting facts.  1)  at every yearly car registration renewal $12 goes to an abandoned vehicle fund.  Are we getting full service from that money?  A couple million dollars? 2)  When a vehicle is sold the seller sends in a signed statement which notifies the DMV that the car is sold and absolves the seller of further liability.  But that paperwork is not signed by the buyer and therefore the chain of liability can fall off a cliff into oblivion making it hard to hold thepurported “owner” of an abandoned vehicle accountable.  Paperwork leading nowhere.

Table Two suggested that some sites where cars are regularly abandoned or burned could be blocked from access with landscaping or logs.  There was also a suggestion to somehow establish a minimum value of $200 for a junk vehicle thus making it more economically viable for removal.  Improving the legal chain of ownership seemed a no brainer - a case where more state paperwork might be very productive.

Table Three was focused on The Hole:  This table was across the room and I was able to catch the least there.  I recall some good broad based suggestions such as having “white goods” (appliances) somehow carry an identifying number to track ownership.  In my mind they already do - it’s a serial number - but there is no methodology to track back to the seller or manufacturer.  There was also an interesting suggestion of attaching “redemption fees” to all imported items which are not readily recyclable.  To some degree this exists with cars, tires and batteries - with some success.  The fact that illegal dumping occurs close to transfer stations seems to indicate that the county policy of locking up transfer stations twelve hours a day is counter productive.  Might make sense as a process but is ignoring the goal.  Having poor access to waste disposal of appliances and ewaste contributes to illegal dumping.  Having transfer station hours shifting around and closed during the most demanding holidays serves the process perhaps but not the public.

So this is a summary.  It is not a complete record.  I hope others who were there will help me refresh the discussion.  I also hope that those who are interested will contribute ideas and suggestions toward a community solution.

We already dealt with “hang em”, “shoot  em”,  “brake their arms”.... so more practical ideas are to be encouraged.  Dead pigs were discussed.

Mahalo to Mitch Roth for doing what he does so well.... bringing community activists, county officials and concerned residents together to find answered to a problem that has accompanied mankind for thousands of years.  Mitch leads the charge but the community must participate.

Mahalo also to all those who took the time to attend.  I believe there will be at least one more session.
Assume the best and ask questions.

Punaweb moderator
Reply
#2
Thanks for this report, Rob. Here in HPP we have our own illegal dumping problems, and Neighborhood Watch has taken some steps toward reporting them when we observe them. The idea of more legal dumping stations in Puna should be a no brainer. All the major subdivisions should have regularly serviced dumpsters for household garbage, and the larger ones should provide disposal for bigger items.

Ultimately, though, there are some people who are just simply pigs, and ironically, a lot of them are pig hunters. In our part of HPP, we see more pig carcasses than piles of household rubbish along our roads.
Reply
#3
Good observations, Jerry.

As with many issues in Puna, the "subdivision associations" can be part of the solution.

Nevertheless, I am not at all comfortable with the Prosecutor and Police brushing off enforcement so easily when the same officials eagerly use resources so extensively for victimless crimes.

James Weatherford, Ph.D.
15-1888 Hialoa
Hawaiian Paradise Park
Reply
#4
Illegal Dumping has been a problem for all communities. Having worked with communities on this for years, I believe Hawaii is stuck in the same rut many found themselves in when trying to deal with this issue. Without going into a long drawn out discussions, meetings, think sessions, why not look at those communities that have been successful in fighting the problem and asking if it would work on Hawaii?

Back in the early 1980's one city discovered that the real hindrance to combating illegal dumping was the laws itself. It's ironic that increase criminal penalties and stiffer criminal sanctions had little impact. It almost had the opposite effect of encouraging illegal dumping because criminal prosecution and the rules of criminal procedures weren’t flexible enough to deal with this type of problem.

They actually stepped back from criminal action and made it a government civil action which opened the doors for all sorts of flexible enforcement. A criminal conviction for small illegal dumping was maximum $1,000 fine, 30 days in jail, and restitution. Civil action raised fines to $20,000, no jail (unless you failed to pay the fine) and impounding of evidence (the vehicle or cart used in the infraction).

The second hurdle was that in criminal cases, law enforcement was a necessary part of the process and law enforcement resources were already thin due to all the other crimes they had to contend with. Prosecutors, judges, all the other requirements made for a very slow process. Law enforcement couldn’t be everywhere they needed in the time that was needed to ensure a quality case for the degree of the crime.

In criminal procedures, the rules of evidence, who can act on complaints, and all the other legal baggage required intense law enforcement or code enforcer’s presence. Courts were the authority and they had so much on their plates that an illegal dumper could plea to simple littering and walk away with a $25 fine. Civil action only required a person to complain, provide details, and testify in an administrative trial. The administrative trials had simpler processes and the civil code could set penalties based on impact, not based on sentencing guidelines for the degree of the charge.

Since there were thousands of citizens to each law enforcement person, the number of citizen eyes and the amount of area covered by ordinary citizens, it was a no brainier to bring the citizens into the fight against illegal dumping. To ensure citizens were willing to come forward, they instituted a Bounty Program, where the complainant was eligible for up to 50% of the fine as a reward. This was not possible under criminal prosecution.

In the 2000's they expanded that to providing Bounties for tips that result in catching illegal dumpers as its occurring. The person providing the tip can remain anonymous since the enforcement people are the ones witnessing the dumping. This program also provides a Bounty of up to 50% of the recovered fines. Law enforcement were no longer trying to figure out where illegal dumpers would be, what area, what times; they had solid leads and were basically waiting in wait for the dumpers when they illegally dumped.

Another key component is the civil violations are to the person doing the dumping, anyone assisting in the dumping, the operator of a vehicle used in the dumping and the owner of the vehicle used in the dumping. When caught in the act, vehicles are impounded and released only after payment of a bond equal to the maximum fine. There are no asset forfeiture rules and hearings as in criminal cases. The loss of a person’s vehicle is a powerful tool.

The combination of having a dedicated tip line, Bounties and civil remedies with teeth, has been or is being copied by 1,000's of communities across the US and even other countries. This is that better mouse trap.

The goal was simple, involve and reward as many citizens as possible in reporting illegal dumping. Give them a real reason to pick up the phone and make a call.

This was discussed in another subject before on PunaWeb and I mentioned how I not only got to meet the people behind this, but got to ride with them, speak with complainants, and sit through administrative trails to get a first hand knowledge of how and why it works, but I got to meet a person who made himself an “Illegal Dumping Bounty Hunter”. He explained that if he witnessed and reported only 1 person a week (often 3 or 4) and only half are found in violation, and only half the fine is imposed, he still makes over $150,000 a year. How many people do you think will be staking out areas for illegal dumpers if this program was on Hawaii? Remember, it only takes one $20,000 fine and loss of your vehicle for that time to realize illegal dumping just isn’t worth it.
Reply
#5
Thanks for that, Bob.

Certainly, the impounding of vehicles used is a big item that needs to be used (I contend this option needs to be available and implemented for extreme driving violations such as 80mph in a 55mph zone, passing in the shoulder lane or on double yellow lines, etc).
"Bounty"? Sure.


James Weatherford, Ph.D.
15-1888 Hialoa
Hawaiian Paradise Park
Reply
#6
I have a house in HPP, but am still (for now) living in Puyallup, Wa. A person would truly have to be an uncaring slob to dump trash somewhere other than the FREE DUMP!! In Puyallup, a load in my Toyota Tacoma pickup costs me minimum of $22.00.I woul;dn't ever considewr just dumping it at some out of the way place.

Unbelievable, and in this beautiful island.

jon

Jon in Puyallup, Wa.
Jon in Keaau/HPP
Reply
#7


Right now the transfer station workers have repeatedly turned away people in construction trucks with their own household trash and were told to go to Hilo only. One person I know said yes I use my work truck (logo on side) because MY WIFE doesnt want her new Prius used for our kitchen trash.

This person did go to Hilo and the next day called COH dept head.
Reply
#8
WONDERFUL news that there is some action taking place, some discussion and openness to potential solutions! LOVE the idea of placing redemption fees for things brought in that aren't readily recyclable, would love to see these fees split with the companies that bring them in, keeping a small fee to buyers and a large fee for substandard things that don't have good warranties! Home Depot and the like that bring in big, bulky products that rust out in under a year... I asked them about it and they said it was a Home Depot buyer from the mainland who decided what to sell here. That's why we see powder coated steel and other worthless metals all over the place. They sell copper and other metals that don't corrode and often for the same price as the flimsy future rust buckets, but they don't have them here. Why ever not?! Because their buyer has no idea of our climate and doesn't really care to. It makes them money because people have to replace items constantly. But that kind of mentality is a killer for the aina. I'd like to see the companies importing the substandard, everyday/household, large items held responsible. And they should NOT be able to pass that on to the public. I don't know how it would be done, but I'd sure like to see it.

As for vehicles, that's such a simple solution, Rob. It's how they handle the problem most places, why oh why have we not adopted that here with the thousands of abandoned vehicles all over the aina leaking toxic crap into the land? No time like the present... Have both parties sign when a vehicle is sold, it protects both both buyer and seller. If someone doesn't do the basic transfer of title and their vehicle is found in one of these massive illegal junk yards, fine the last recorded owner. Putting a set salvage price on any vehicles would clear the junks up pretty quickly, but better yet, how about a public salvage yard so all our viable parts aren't getting crushed and sent back to China for them to shine up and resell to us?

So glad you went and shared what went on, Rob. When is the next meeting? How did you hear of this one? I'd be very interested to attend.
Melissa Fletcher
___________________________
"Make yurts, not war" Bill Coperthwaite, 1973
Reply


Forum Jump:


Users browsing this thread: 1 Guest(s)