Hawaii Companies Cited for Air Permit and Pollution Violations

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REPORT FROM THE DEPARTMENT OF HEALTH — The Hawaii State Department of Health (DOH) Clean Air Branch (CAB) has issued Notices of Violations and Orders against: Frank Coluccio Construction Company; Kaiser Foundation Health Plan, Inc.; E.M. Rivera and Sons, Inc.; Maui Landscape Specialty, Inc., dba Hawaiian Charcoal Company; Lili Laundry, Inc. dba Alii Linen Services; Grace Pacific Corporation; Monsanto Company; Hawaii Commercial & Sugar Company; and Island Topsoil, LLC., for air permit and pollution violations. The violations were either self-reported or discovered during inspection or records review by the DOH.

The companies were cited for the following violations:

·        Frank Coluccio Construction Company, Kapolei, Oahu, for failing to conduct a source performance test for its 265 tons per hour Komatsu mobile crusher. The violation was discovered during an annual DOH inspection. A penalty of $1,900 has been paid.
·        Kaiser Foundation Health Plan, Inc. located in Moanalua, Oahu, for submitting late the semi-annual and annual emission reports. Kaiser has a permit for two 200 BHP Miura boilers and the violations were discovered during an annual DOH inspection. A penalty of $2,300 has been paid.
·        E.M. Rivera and Sons, Inc., located in Kona, Hawaii Island, for various air permit violations discovered during an annual DOH inspection. Rivera operates 1,005, 730 and 505 tons per hour portable crushing plants and a consent order is being drafted for these violations. Other violations discovered at another 800 tons per hour portable crushing plant will be incorporated into the consent decree.
·        Maui Landscape Specialty, Inc., dba Hawaiian Charcoal Company, located in old Waikapu landfill, Maui, for submitting late its semi-annual reports on 10 (3.3 tons/batch) charcoal kilns. The violation was discovered during a DOH records review and a penalty of $2,600 has been issued. Hawaiian Charcoal has requested a hearing on this case.
·        Lili Laundry, Inc. dba Alii Linen Services, located in Kahului, Maui, for submitting late its semi-annual report on the 100 horse power Superior Mohawk boiler. The violation was discovered during a DOH records review. A penalty of $2,000 has been paid.
·        Grace Pacific Corporation, (GPC) located in Barber’s Point Harbor, Oahu, for exceeding its rolling 12-month limit on the 900 and 725 kW diesel engine generator’s operating hours. GPC operates the 334 tons per hour asphalt plant, and a penalty of $2,800 has been paid.
·        Monsanto Company, located in Kaunakai, Molokai, for causing or permitting visible fugitive dust to become airborne without taking reasonable precautions. Monsanto operates seed corn farms, and the violations were investigated after dust complaints were received by the DOH. A penalty of $3,400 has been issued, and Monsanto has requested a hearing on this case.
·        Hawaii Commercial & Sugar Company, (HC&S) located in Puunene, Maui, for causing or permitting visible fugitive dust to become airborne without taking reasonable precautions and agricultural burning permit violations. Violations were discovered after dust complaints were received and records review of their permit. HC&S operates a 36,000-acre sugar cane farm. A penalty of $9,300 has been paid.
·        Island Topsoil, LLC., Waianae, Oahu, for late submittals of the 2010 and 2011 annual emission reports. The company operates 20 and 40 ton per hour screens and the violations were discovered during a DOH records review. A penalty of $1,400 has been paid.

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; a company is currently negotiating a consent order for their fine and several have requested a hearing to contest the DOH orders. 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.

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