The Hawaii State Department of Health (DOH) Clean Air Branch (CAB) has issued Notices of Violations and Orders against 16 companies for air permit and pollution violations. The companies were cited between April and November 2012 for violations that occurred between March 2011 and May 2012. The violations were either self-reported or discovered during an inspection or records review by the DOH. A total of $79,700 in penalties was imposed. To date, $63,700 in fines has been paid, with the balance of penalties under negotiation or pending payment.
The DOH Clean Air Branch (CAB) protects the people and environment of Hawaii by monitoring air quality and regulating businesses that release pollutants into the air. The CAB reviews and approves air permits, evaluates and enforces state and federal air standards, conducts inspections, and investigates reported incidents related to outdoor air quality. Through the air permit process, the DOH ensures companies comply with state and federal emission standards to minimize air pollution impacts on the public.
Many of the companies cited have already paid monetary fines for their violations, and several companies are currently negotiating a consent order for their fine. In general, penalties are assessed on violators to remove any economic benefit they may have gained from their noncompliance and put them in a worse situation than those who comply with the law. All fines are paid into a revolving special fund used to prevent or minimize damage to the environment. Parties have the right to request a hearing to contest DOH orders.
The following companies were cited:
• Up to Date Cleaners Kauai, Inc. located in Koloa, Kauai, for operating a dry cleaning machine without a valid air permit. The violation was discovered during a DOH inspection and a penalty of $3,900 has been paid.
• Tesoro Hawaii Corporation located in Campbell Industrial Park, Oahu, for failing to conduct a 2011 relative accuracy test audit on the cogeneration unit gas turbine nitrogen oxides continuous emissions monitoring system. Tesoro is a crude oil distillation facility with a capacity of 95,000 barrels per day. The violation was discovered during a DOH records review and a penalty of $2,200 has been paid.
• Edwin Deluz Trucking and Gravel, LLC, for failing to conduct the 2010 annual performance tests on its diesel engine generator and on its 750 TPH stone quarrying plant located at the Kapoaula Quarry, Hamakua, Island of Hawaii. The violations were discovered during a DOH annual inspection and a penalty of $8,000 was assessed. A consent order for $5,000 is being drafted for the fine after additional information was given to the DOH regarding the violations.
• Hawaii Electric Light Company, Inc. (HELCO), for exceeding the ammonia 3-hour average emission limit in March 2011 on combustion turbine generator unit CT-4. Also, combustion turbine generator units CT-4 and CT-5 exceeded its visible emission limits in April and November 2011. HELCO is an electric utility and the violations were self-reported. A penalty of $25,600 has been paid for the violations and a consent order is being drafted for an additional fine of $8,000.
• Grace Pacific Corporation, for failing an October 2011 particulate matter performance test on its 186 TPH asphalt plant located at Eleele, Kauai. The violation was self-reported and a penalty of $4,000 was paid.
• Koga Engineering & Construction, Inc., for failing to submit the January to June 2011 semi-annual report within 60 days after the end of the semi-annual calendar period. The report was submitted 142 days late. Koga operates a 400 TPH powerscreen on the island of Hawaii. A penalty of $2,400 has been paid.
• American Hauling, LLC, for various air permit violations discovered during an annual DOH inspection. American Hauling operates a crushing and screening plant in Waialua, Oahu. A penalty of $7,000 has been assessed for the violations and a partial payment of $3,500 has been received. A consent order is being drafted for additional violations.
• Michael Lurvey dba Carbon Diversion, Inc., for various air permit violations discovered during an annual DOH inspection. The company operates a 1,500-pound flash carbonization reactor in the Campbell Industrial Park on Oahu. A penalty of $3,400 has been paid.
• Garden Island Mortuary, Ltd., for submitting its semi-annual monitoring reports late. The mortuary operates two 100-pound/hour crematory units in Lawai, Kauai. The violation was discovered during a DOH inspection. A penalty of $1,700 has been paid.
• Hawaii Pacific Health, Wilcox Memorial Hospital, for exceeding its 12-month limit of diesel fuel oil consumption. The violation was discovered during a DOH inspection of the hospital’s diesel engine, boilers and pathological waste incinerator. The hospital is located in Lihue, Kauai, and a penalty of $1,200 has been paid.
• ShredCo, LLC, for submitting its semi-annual monitoring reports late. ShredCo operates a tub grinder and power screen in Kaumualii, Kauai, and paid a penalty of $1,500.
• Twin Bridge Farms LLC, for open burning of cardboard in Waialua, Oahu. The fire was investigated by the Honolulu Fire Department on Feb. 21, 2012, and the company has paid a penalty of $2,300.
• Aloha Petroleum, Ltd., for late submittal of a source performance test report. Aloha Petroleum operates a gasoline terminal in Honolulu, Oahu, and the violation was discovered during a DOH records review. A penalty of $2,100 has been paid.
• Ameron Hawaii, for not conducting monthly visible emissions observations on various baghouses at Kapaa Quarry, Oahu. The violations were discovered during an annual DOH inspection of the facility, and a penalty of $5,200 has been paid for the violations.
• Halo Halo, Hawaii, LLC dba Al Phillips Dry Cleaners, for various air permit violations on its petroleum dry cleaning facility located in Kailua, Oahu. A penalty of $7,100 has been assessed for the violations and a partial payment of $2,600 has been received. A payment plan has been negotiated for remaining penalty amount.
• Tradewinds Forest Products, LLC, for late submittal of various reports required by its air permit. The company has a boiler and veneer dryer in Ookala, Island of Hawaii, and a penalty of $1,600 has been paid for the violations.
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