A $2.8 million fine for alleged health violations at the Waimanalo Gulch landfill has gone unpaid for nearly a year, and some of the problems have yet to be fully corrected, according to the state Health Department.

The fine is being challenged by the city — which owns the site and hopes to expand it for at least 15 more years of operation — and by the dump's private operator, Waste Management of Hawai'i.

Negotiations are ongoing, and the state can't publicly disclose what settlement it would be willing to accept, said Laurence Lau, deputy director for environmental health.

The parties have taken bargaining positions and exchanged supporting documents, and a hearing is scheduled for January.

"Each party is trying to see what cards the other has," Lau said.

Meanwhile, state Senate President Colleen Hanabusa has petitioned to join the dispute in her capacity as a taxpayer and nearby resident. She said she fears problems would otherwise be covered up.

"I just want to keep everyone honest, and I want the information to come out to the public," said Hanabusa, who represents the surrounding area and lives in the Ko Olina resort complex across Farrington Highway from the landfill.

Hanabusa said she believes the Health Department did a poor job inspecting and regulating the landfill before the fine was levied in early February.

Ko Olina and nearby residents had long complained about foul odors and windblown debris from the site, near Kahe Point on the Leeward Coast.

"It isn't until enough stink is raised that we get the answers," she said.

The Health Department found that 18 types of violations had occurred over two years, and characterized some as "serious."

Waste was piled too high and was not covered with dirt every day, and methane gas generated by the waste was not monitored properly, among other problems, the agency charged.

Most of the violations have since been addressed, operators say, but the state contends that garbage is still being piled higher than a permit allows, and that the level of leachate — liquid seepage from garbage — is not being properly monitored in one area. Health officials would not say how significant those problems are.

A city spokesman said Waste Management of Hawai'i will be solely responsible for any fine that is paid. The company — a branch of Texas-based Waste Management Inc., the nation's largest refuse handler — said it did not disagree, but would not comment further.

The state permit for dumping municipal solid waste at the landfill expires in mid-2008, and the city contends that a different landfill site could not be chosen and prepared by then. A draft environmental impact statement for the landfill expansion is to be completed early next year.

The city and private trash haulers dump about 800 tons of trash in Waimanalo Gulch per day. Another 600 tons per day includes ash from garbage incinerated at the H-Power electricity generation plant.

The city expects to have a comprehensive waste management plan for O'ahu completed in March, and hopes to eventually divert more trash to a new garbage-to-energy facility that would be built next to the H-Power site in Campbell Industrial Park.

Reach Johnny Brannon at jbrannon@honoluluadvertiser.com.