Department of Health Cites Kapunakea Partners for Underwater Storage Tank Violations

The Hawai‘i State Department of Health’s Underground Storage Tank (UST) Section has issued a Notice of Violation and Order against Kapunakea Partners, the registered owner and operator of West Maui Shell located in Lahaina.

Kapunakea Partners has been assessed an $85,750 penalty for the following alleged UST violations: failure to provide adequate spill prevention equipment; failure to maintain release detection records for the tanks and piping; and failure to conduct maintenance and /or testing of operability of all release detection equipment.  These violations were discovered during a routine inspection conducted on May 11, 2010. Kapunakea Partners has 20 days in which they may contest the Notice of Violation and Order and request a hearing.

Hawai‘i Administrative Rules Chapter 11-281, requires UST owners and/or operators to maintain adequate spill prevention equipment. Records of release detection monitoring for both tanks and piping must be maintained on site. The regulations also require that an annual maintenance of the release detection equipment and/or testing of operability be performed at least every 12 months.

The routine maintenance and testing of release prevention and detection equipment is essential to avoiding an accidental, but possibly catastrophic, release of petroleum product, such as gasoline or diesel, into the environment.

The DOH regulates underground storage tanks which store petroleum or hazardous substances by conducting operational compliance inspections from the time the tank is installed. Inspections determine if a tank is being maintained properly to prevent damage to the environment.