The federal government has ordered the state to take immediate action to address stormwater runoff at Honolulu and Kalaeloa-Barbers Point harbors.

The U.S. Environmental Protection Agency announced yesterday that it has ordered the state Department of Transportation Harbors Division to comply with federal Clean Water Act stormwater regulations, following a December audit in which numerous deficiencies were found.

The violations carry a maximum $37,500-a-day fine but the state said it is taking steps to comply and should be able to meet deadlines set by the EPA and avoid fines.

The EPA stormwater compliance initiative program for ports began in 2003 and this is the first time Hawai'i ports have been inspected, said Michael Formby, deputy director of the DOT Harbors Division.

The Harbors Division is still learning about stormwater requirements and welcomed the audit and inspection as a learning tool toward compliance, Formby said.

"There are significant deficiencies in the program but they're all deficiencies that we can resolve in the time frame that's been given us," he said, adding that the requirements and regulations are very complex. "I think that it's fair to say it's a situation where we didn't exactly know what we didn't know until the audit."

The EPA and the state Department of Health conducted an audit and inspections of O'ahu's two major cargo ports in December and found that fuel, oil and debris were being swept up in stormwater and dumped into the harbors, the EPA said.

The audit also found that the state failed to develop, implement and enforce programs to address pollution issues caused by tenants and construction, including an inspection program, best management practices for erosion control for construction projects and a program to detect illicit discharges and illegal connections.

The EPA ordered the Harbors Division to revise its stormwater management plan for both harbors by December and submit it by January.

"The intent is they begin to take measures immediately," said Amy Miller, team leader for the EPA Stormwater and Wetland Enforcement Team.

Miller said the state's non-compliance is significant and that the EPA had serious concerns.

"They were missing huge portions of what is required under the permit," she said.