EPA files complaint against local landowner for damages to wetlands in Hauula, Hawaii

July 7, 2021

HONOLULU – The U.S. Environmental Protection Agency (EPA) has filed a complaint against Frank Alo, a property owner, for discharging fill material into wetlands without a permit in Hauula, on the island of Oahu in Hawaii.

“The Clean Water Act requires permits to protect the nation’s water resources,” said Amy Miller, EPA Pacific Southwest Regional Director of Enforcement and Compliance Assurance. “Placing unauthorized fill material into wetlands can degrade water quality and result in serious impacts to fish and wildlife habitat.”

The discharge was made without authorization under a permit from the U.S. Army Corps of Engineers (USACE,) which regulates wetlands under Section 404 of the Clean Water Act.  

“One of the principal objectives of the Clean Water Act is to avoid and minimize impacts to waters of the U.S., including wetlands,” said U.S. Army Corps of Engineers Regional Regulatory Chief David Hobbie. “Wetlands support a diverse ecosystem and provides important functions such as flood protection, improved water quality and habitat for native birds.”

Based on inspections conducted by the USACE and EPA, Alo discharged approximately 200 truckloads of gravel, asphalt, clay, dirt, and other fill material to wetlands on his property and four adjoining properties. USACE and EPA have developed joint compliance strategies to ensure enforcement cases are well-coordinated.   

Under the Clean Water Act, parties are prohibited from discharging fill material into water bodies, unless they first obtain a permit from USACE. If parties place fill material into water bodies without a permit, USACE may elect to refer an enforcement case to EPA.

Today’s complaint is subject to a thirty-day public comment period. To view the complaint, please visit: https://www.epa.gov/publicnotices/frank-alo-administrative-complaint-assessment-clean-water-act-class-ii-administrative

For more information on the importance of wetlands, please visit: www.epa.gov/wetlands

For more information on Section 404 of the Clean Water Act, please visit: https://www.epa.gov/cwa-404/permit-program-under-cwa-section-404

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