For EPA, fiscal '04 was a busy year

By Christie Wilson
Advertiser Neighbor Island Editor

The Environmental Protection Agency took 35 enforcement actions for violations of hazardous waste and clean air and water regulations in Hawai'i during the 2004 fiscal year ending Sept. 30, a 40 percent increase from the previous year.

The EPA issued $435,076 in civil fines and polluters also were ordered to spend a total of $80,652 for improvements to prevent future environmental violations.

Wayne Nastri, administrator of the EPA's Pacific Southwest region in San Francisco, said the penalties are a reminder to companies and government agencies that compliance with environmental regulations must be a key component of their bottom line.

"Communities expect facilities to be in compliance, protecting public health and the environment," he said.

In the 2003 fiscal year, the EPA took enforcement action against 25 Hawai'i firms and government agencies. In 2002, 15 enforcement actions were reported.

Greater EPA coordination with the state Department of Health, the local agency that handles pollution violations, and an increase in public reporting of suspected violations likely are responsible for the increase in cases, according to Dean Higuchi, spokesman for the EPA in Hawai'i.

He said that when EPA enforcement actions on cases involving storm-water runoff are announced, "we get a lot more tips."

"People are starting to pay attention and are more aware," Higuchi said.

He singled out a high-profile case from last year involving Kaua'i landowner James Pflueger, who was fined for illegal discharges from grading operations near Kaloko Reservoir. "We're getting a lot more people aware that when it rains, stuff is going into the ocean. And if there are large facilities in an area or homeowners who leveled a piece of property and didn't control the runoff prior to redevelopment, that leads to a whole lot of people going, 'Hey, that's not right.' "

A Kaua'i case from 2004 involving storm-water discharges from a residential construction project in Princeville generated more calls, according to Higuchi. In that case, Bali Hai Villas Limited Partnership was fined $15,000.

The Sierra Club launched its Blue Water Campaign last year to boost public awareness of the damage caused by storm-water runoff and to help monitor and report instances when runoff pollutes the nearshore waters. Coordinator Carey Morishige said state and federal agencies have limited personnel to investigate complaints, and the Blue Water Campaign has trained volunteers to gather information on runoff events.

Also in 2004, Hilo Coast Power Co. and Brewer Environmental Industries agreed to a $115,000 penalty settlement for improperly discharging wastewater and failing to establish storm-water controls at the Pepe'ekeo Mill power generating facility on the Big Island.

In an EPA case resolved this year that did not result in a fine, Hanalei resident Ed Ben-Dor was ordered to restore sensitive wetlands next to the Hanalei River that were illegally filled in when the land was developed in 2002 and 2003.

The EPA also investigated a pesticide case involving counterfeit or unregistered pet products in several western states. The agency is seeking $341,000 in fines against the Honolulu company Pang & Son Distribution LLC for distributing the counterfeit Advantage and Frontline products for control of fleas and ticks on dogs and cats.

Nine O'ahu pet stores were issued orders from the EPA to stop sale of the counterfeit products.

In reporting its accomplishments along with its enforcement actions in 2004, the EPA noted that the University of Hawai'i spent $1.2 million to complete environmental projects that were part of a February 2001 settlement with the EPA and the state Department of Health for hazardous waste violations.

The EPA said the projects reduced hazardous waste generation at the university by more than 13,000 pounds annually, and also reduced the amount of chemicals the university has to purchase and store, while reducing exposure to hazardous chemicals for students, faculty and staff.

At Honolulu Community College, the print shop was converted to a digital system, eliminating more than 11,000 pounds of silver-based developers, inks, solvents and other printing wastes. The university also replaced more than 1,300 pieces of equipment containing a total of about 10 pounds of highly toxic mercury, and adopted new technology to improve paint spraying in various campus auto body programs.

Reach Christie Wilson at cwilson@honoluluadvertiser.com or (808) 244-4880.

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