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The Honolulu Advertiser

Updated at 3:56 p.m., Thursday, November 15, 2007

EPA cites its major Hawaii 2007 enforcement actions

Advertiser Staff

The Environmental Protection Agency said its handling of the aftermath of last year's massive sewage spill in Waikiki is among the agency's top "environmental enforcement accomplishments for 2007" in Hawai'i.

The agency today released a list citing its efforts to make polluters achieve on-the-ground improvements to bring environmental and public health benefits for the state's residents.

As a result of the March 2006 Waikiki spill into the Ala Wai Canal, the city has announced it will correct the most significant problems in Honolulu's six sewer force mains.

Overall, this year's Hawai'i cases generated a total of commitment of more than $1.02 million to correct environmental violations and prevent future pollution.

"The City and County of Honolulu force main settlement will provide O'ahu residents improved wastewater treatment and continued enjoyment of cleaner water and land areas," Wayne Nastri, administrator of the EPA's Pacific Southwest office, said in a news release.

"The EPA will continue working to enforce environmental laws and ensure compliance of environmental regulations to improve public health," he said.

The state Department of Health's Environmental Management Division was an active partner in the EPA's successful compliance and enforcement efforts in Hawai'i, which includes water quality monitoring, inspections and investigations into water quality complaints from businesses and residents, he said.

The other Hawai'i enforcement highlights for 2007 include:

  • City and County of Honolulu: Force main settlement requires Honolulu to construct new replacement force mains at Ala Moana, Beachwalk and Kane'ohe/Kailua, assess the condition of six vulnerable force mains, and begin implementation of necessary repairs to prevent future sewage spills.

  • James H. Pflueger paid $22,750 in penalties for failing to comply with consent decree milestones relating to a required environmental project. The consent decree settled Clean Water Act violations associated with construction activities on Pflueger's property at Pila'a on Kaua'i.

  • Hamakua Energy Partners will spend nearly $125,000 on an environmental project to generate energy at a nearby school, and pay an additional $34,335 fine. The company failed to meet state and federal Clean Air Act permit requirements, including emission limits and emission monitoring requirements, at its power plant facility in Haina.

  • Del Monte Fresh Produce Co., a Kunia, Hawai'i, fruit grower was fined $24,640 for improperly using registered pesticides, a violation of federal pesticide law. The company allegedly misused the registered pesticides Telone II, Assure II, and Diazinon 50 W Pro during its application at its Kunia pineapple facility in 2004 and 2005. The company failed to comply with label directions regarding pesticide application and precautions to protect worker health and the environment.

  • RHS Lee, Inc., a specialty contracting firm with emphasis in grading, site preparation, excavation, demolition and trucking, settled for $10,000 for hazardous waste violations at its facility located in Pearl City. In May 2004, the EPA conducted a routine compliance inspection of the RHS Lee, Inc. facility and found the company failed to make a proper determination of its hazardous waste.

  • Safeway, Inc. paid a $675,000 fine for allegedly selling unregistered household cleaning products at its Hawai'i and California stores with labels claiming the products disinfect and remove mold and mildew, a violation of federal law. Disinfectants and products that control mold are considered pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act. Both products make pesticidal claims that require EPA pesticide registration. Neither product was registered.

  • The EPA filed a complaint against Mauna Loa Macadamia Nut Corp. for failing to close its three large capacity cesspools by April 2005 at its Hilo facility on the Big Island. The EPA notified the company in July 2004 of the April 2005 deadline to close its large capacity cesspools. An EPA contractor inspected the facility in October 2005 and was told closure plans were being developed. In August 2006, the EPA inspected the facility again and found the three large capacity cesspools were still in use.

    For more details of the enforcement actions, go to: www.epa.gov/region09/enforcement/results/index.html.