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The Honolulu Advertiser

Updated at 5:00 p.m., Thursday, October 6, 2005

State, feds reach $51M agreement over water violations

By Jan TenBruggencate
Advertiser Staff Writer

Water violation settlement

To see a copy of the settlement between the state Department of Transportation and the federal government, visit www.usdoj.gov/enrd/open.html

Look for "U.S. & Dept of Health, State of Hawaii v. Dept of Transportation, State of Hawaii"

The state Department of Transportation will pay a $1 million fine and spend $50 million over five years to prevent stormwater from polluting nearshore waters as part of a court settlement with the U.S. Environmental Protection Agency and the state Department of Health.

The EPA began looking at Hawai'i's runoff-management systems in 1999 after a massive investigation of the California state transportation department uncovered problems under the federal Clean Water Act.

The agency said it found that Hawai'i was "significantly behind other state and local governments in meeting national and state storm water requirements." The investigation found that sediment-laden runoff was allowed to flow from state highways into storm drains and onto the nearshore reefs. At airports, construction projects generated muddy runoff, and airport tenants such as car rental firms washed oily water into drains that flow to the sea. At some of the DOT's own projects, stormwater control procedures were not followed, the EPA said.

Under the consent decree, the department agreed to conduct extensive training of its personnel and contractors and subcontractors it hires; establish strict inspection and maintenance schedules for its facilities; sweep streets of dirt and dust on a regular basis; and conduct a range of other activities aimed at reducing stormwater pollution.

Many of those programs were put into effect months and even years ago, said Scott Ishikawa, spokesman for the state Department of Transportation.

These and other changes should significantly improve the environment, said Granta Nakayama, EPA's assistant administrator for the office of enforcement and compliance assurance.

"Storm water runoff is a major threat to our water systems and wildlife. This settlement recognizes the importance of compliance with environmental obligations by the state Department of Transportation and their contractors," Nakayama said.

There is a 30-day public comment period on the consent decree, which takes effect when it is signed by a federal judge.

Reach Jan TenBruggencate at jant@honoluluadvertiser.com or (808) 245-3074.