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    August 2016
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EPA Closes Pflueger Stormwater Case After Successful Restoration of Kauai Property

The U.S. Environmental Protection Agency announced the successful conclusion of its case against James Pflueger for construction activities that damaged his former property and the beach and coral reefs at Pila’a on Kauai. The consent decree settling the Clean Water Act violations was closed after Pflueger stabilized and restored the slopes and streams.

Pflueger Stormwater Case“Thanks to the work completed under this settlement, this once-degraded land has a healthy population of native trees and shrubs and restored stream channels,” said Alexis Strauss, EPA’s Acting Regional Administrator for the Pacific Southwest. “With continued care by the new owners, these restoration efforts can be sustained for the future.”

EPA initiated its case after Pflueger conducted extensive grading and construction at the 378-acre coastal site without obtaining necessary Clean Water Act permits. Those activities included excavating a hillside to expose a 40-foot vertical road cut, grading a coastal plateau, creating new access roads to the coast, and dumping dirt and rock into three perennial streams. As a result, massive discharges of sediment-laden stormwater flowed to the ocean at Pila’a Bay in November 2001.

The settlement required Pflueger to build a wall to stabilize the road cut adjacent to the shoreline, remove dam material in streams, install erosion controls on roadways and trails, terrace slopes to slow runoff, use native plants to control erosion, and control invasive plants and animals on the property. He was also required to reconstruct natural rock-lined stream beds and reestablish native plants along the banks.

The 2006 stormwater settlement was the largest for federal Clean Water Act violations at a single site, by a single landowner, in the United States. Pflueger paid $2 million in penalties to the State of Hawaii and the United States, and was expected to spend approximately $5.3 million to conduct the required restoration efforts.

The State of Hawaii was a co-plaintiff in EPA’s case against Pflueger, and the settlement was joined by the Limu Coalition and Kilauea neighborhood organizations, which had also filed a lawsuit against Pflueger.

EPA and local community organizations involved in the settlement conducted oversight inspections throughout a ten-year restoration effort that was slowed by funding obstacles and the necessity of adapting the restoration projects to changing field conditions.

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