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Two civilian U.S. Navy supervisors were indicted by a federal grand jury Thursday for conspiring to cover up the size and severity of the May 6, 2021, Red Hill fuel spill that contaminated water for 93,000 people and prompted a class-action lawsuit.
John Floyd, 63, of Mililani, who worked as Fuels Department deputy director for the Navy, and Nelson Wu, 38, of Waipahu who was Fuels Department supervisory engineer, were indicted by a federal grand jury Thursday.
Wu reported directly to Floyd. The pair allegedly redacted data sets, control room logs, tank inventory reports, tank level logs and transfer records.
A federal grand jury investigation into the May 6, 2021, spill, and another 20,000-gallon jet fuel spill on Nov. 20, 2021, have been ongoing since at least 2022.
Civilian and U.S. Department of Defense officials in charge of Red Hill operations during the fuel leaks have been testifying before the panel.
Floyd and Wu are charged with conspiracy to commit an offense against the U.S. and causing another person to make a materially false statement or a material omission in a matter within the jurisdiction of the executive branch of the federal government, according to the U.S. Attorney's office.
The pair are summoned for an arraignment on Friday at 10:30 a.m. before Chief U.S. Magistrate Judge Kenneth J. Mansfield and are not in federal custody.
In October 2021, the Navy concluded that the May 6, 2021, spill was due to a control room operator's failure to follow correct procedures and not due to age of infrastructure, corrosion or the equipment condition.
Between May 6, 2021, and Oct. 1, 2021, Floyd and Wu worked in their roles for the Navy Supply Systems Command Fleet Logistics Center Pearl Harbor, which included the Red Hill Bulk Fuel Storage Facility.
After 20,000 gallons of jet fuel spilled on May 6, 2021, following the failing of two pipeline couplings, the state Department of Health issued a formal request for answers as part of its authorized role as a regulator of the facility.
On Oct. 1, 2021, the Navy responded to the state's request for information and "Floyd and Wu participated in drafting the response to the RFI (request for information) for review by Navy officers and transmission to the (state)."
The Fuels Department was the main source of information for the response.
"When questioned about the accuracy of the May 6, 2021, spill volume data by multiple Navy officers involved in approving the response to the RFI, Floyd and Wu reiterated that only an estimated 1,618 gallons had spilled into the tunnel and that the remainder of the jet fuel put into the JP-5 pipeline during the attempted transfer from Tank 12 had remained in the pipeline," according to the indictment.
Floyd and Wu intended the Navy to report to the state Department of Health a fuel release quantity for the May 6, 2021, jet fuel spill that "severely underreported the actual figure" by supplying the Navy officers responsible for issuing a response to the state with a draft response that "contained materially inaccurate information and omitted information and records material to the questions and demands." They also reassured "the Navy officers that their fuel release and capture quantities were accurate" when questioned by the Navy officers, according to the indictment.
The Red Hill facility was built in the cavities of a mountain above an aquifer to conceal it from enemy attacks, according to the Navy and federal prosecutors. Construction occurred between 1940 to 1943 and included 20 steel-lined storage tanks.
Each of the cylindrical tanks was 100 feet in diameter and 250 feet tall with a storage capacity of approximately 12.5 million gallons, according to the federal court records.
The storage tanks, which were numbered 1 through 20, were connected by an approximately 2.5-mile pipeline system that ran through an underground tunnel adjacent to the tanks from just uphill of tanks 19 and 20 down to Pearl Harbor.
The water contamination, including a Nov. 20, 2021, spill of 20,000 gallons, affected roughly 93,000 people, mostly military families and civilians living in former military areas.
For months following the November spill, the state Department of Health issued an advisory that the water was unsafe to drink.
Thousands of families relocated to hotel rooms or moved out of their housing as the Navy and regulators worked to make the water safe to drink. The all-clear was declared in March 2022, about four months after the jet fuel contamination was found.
In March 2022, Defense Secretary Lloyd Austin announced the department would permanently shut down the Red Hill facility following the disaster.
The decision came amid withering pressure from state officials, the Hawaii congressional delegation, protests and extensive community opposition to keeping the underground, World War II-era fuel facility in operation.
If convicted, Floyd and Wu face up to five years in federal prison and a fine up to $250,000 on each charge.
This case is being investigated by the Defense Criminal Investigative Service, the Naval Criminal Investigative Service, the Environmental Protection Agency Criminal Investigation Division, and the Environmental Protection Agency Office of the Inspector General.
On May 7, Senior U.S. District Judge Leslie E. Kobayashi awarded damages to 17 people affected by the Red Hill water crisis as part of ongoing consideration of civil complaints generated by the disaster.
Kobayashi ordered the government to pay $682,258 to the plaintiffs to compensate them for damages and, in the case of some clients, for future medical care related to exposure to jet fuel that tainted the Navy's Oahu water system.
The 17 "bellwether cases" were selected from more than 7,500 cases connected to the Red Hill fuel spill that are awaiting resolution. Two other related cases -- one for military service members and one for more military families and civilians -- also are pending in Hawaii's federal court.
Last month, the Honolulu Board of Water Supply filed a federal lawsuit in connection to the jet fuel leaks.
In a nearly 100-page federal civil tort complaint filed in the U.S. District Court of Hawaii, BWS says it's suing the Navy "for negligence, nuisance, and trespass resulting in damages where the government of the United States of America, if a private party, would be liable to the BWS."
BWS has estimated the cost of past, current and future impacts from the fuel leaks at $1.2 billion.