EPA v. HILO TRANSPORT & TERM. CO.

Case summary

THIS ACTION CONCERNS VIOLATIONS OF THE CLEAN WATER ACT BY HILO TRANSPORTATION AND TERMINAL CO. INC. (HT&T) FOR A 500 TO 900 TON DISCHARGE OF MOLASSES WITHOUT A PERMIT INTO HILO HARBOR, HILO, HOAWAII FROM AUGUST 4, 1983 TO ON OR ABOUT AUGUST 6, 1983. THERE WAS EXTENSIVE ENVIRON- MENTAL DAMAGE AND HT&T FAILED TO TAKE ANY SUBSTANTIAL MEA- SURES TO MITIGATE THE HARM.THE HAWAII DEPARTMENT OF HEALTH (DOH), AUTHORITY IN HAWAII, DID NOT TAKE ANY ENFORCEMENT MEASURES. HT&T WAS OPERATING THE FACILITY AT THE TIME OF DIS- CHARGE. THE HAWAII DEPARTMENT OF TRANSPORTATION (DOT) OWNS AND MAINTAINS THE FACILITY. DURING THE TRANSFER OF THE MOLASSES TO A SHIP, AN APPARENT OBSTRUCTION IN THE PIPING SYSTEM CAUSED PRESSURE TO INCREASE ABOVE THE NORMAL PUMPING PRESSURES. IT IS LIKELY THAT A SECTION OF THE PIPE LINE THEN RUPTURED UNDER THE INCREASED PRESSURE AND CAUSED THE MOLASSES TO SPILL INTO THE HARBOR. THERE IS NO KNOWN WIT- NESS TO THE ACTUAL DISCHARGE INTO THE WATER. HOWEVER, HT&T ACKNOWLEDGES THAT THE PIPE LINE THEY WERE OPERATING WAS THE CAUSE OF THE SPILL. THE SPILL CAUSED DEPRESSED DISSOLVED OXYGEN LEVELS FOR SEVERAL DAYS AND AT LEAST 545 FISH WERE KILLED BY THE SPILL. IN ADDITION, THE SPILL CAUSED A DISCOLORATION AND ODOR IN THE AREA AROUND AND DOWNWIND OF THE DISCHARGE. HT&T DID NOT TAKE ANY MITIGATION MEASURES.

Defendants (1)

• HILO TRANSPORT & TERMINAL CO.Named in complaintNamed in settlement

Facilities (1)

• HILO MOLASSES PLT

  PORT OF HILO, HILO, HI, 96720

  Registry ID: 110010595597

Statutes cited

• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HILO TRANSP. & TERM. CO., INC.entered 1985-05-09

  Primary law: CWA

  Federal penalty: $7,500

Timeline (8 milestones)

• 1984-01-11Enforcement Action Data Entered
• 1984-02-28Referred To Dept Of Justice
• 1984-04-09Referred TO U.S. Attorney
• 1984-04-11Complaint Filed With Court
• 1985-05-09Concluded
• 1985-05-09Enforcement Action Closed
• 1985-05-09Final Order Lodged
• 1985-05-09Final Order Entered