EPA v. HAWAII D.O.T. (STORM SEWER PERMITS)

Case summary

THIS IS A JUDICIAL REFERRAL PURSUANT TO THE CLEAN WATER ACT AGAINST THE HAWAII DEPARTMENT OF TRANSPORTATION, THREE OF ITS AIRPORTS AND CERTAIN AIRPORT TENANTS. THE VIOLATIONS INVOLVE STORM WATER DISCHARGES FROM HDOT'S ROADWAYS ON THE ISLAND OF OAHU, FROM ITS AIRPORTS AT HONOLULU, KAHULUI, AND LIHUE, AND FROM VARIOUS CONSTRUCTION SITES. THERE ARE FOUR PERMITS AND AND SEVEN SITES INVOLVED: 1) AN MS4 PERMIT FOR HDOT'S ROADWAYS ON OAHU; 2) AN INDIVIDUAL INDUSTRIAL ACTIVITIES STORM WATER PERMIT FOR HONOLULU INTERNATIONAL AIRPORT; 3) THE HAWAII GENERAL INDUSTRIAL ACTIVITIES PERMIT FOR LIHUE AIRPORT AND KAHULUI AIRPORT, AND 4) THE HAWAII GENERAL CONSTRUCTION ACTIVITIES PERMIT FOR SEVERAL CONSTRUCTION SITES ON TWO ISLANDS. THE STORM WATER DISCHARGES INCLUDE A VARIETY OF POLLUTANTS INCLUDING SEDIMENT, OIL AND GREASE, PETROLEUM HYDROCARBONS, SOLVENTS, PAINTS, CHROMIUM, COPPER, LEAD AND ZINC. IN THE REFERRAL, EPA ASKS DOJ TO FILE A COMPLAINT SEEKING BOTH AN APPROPRIATE CIVIL PENALTY AND EXTENSIVE INJUNCTIVE RELIEF INCLUDING APPROPRIATE BEST MANAGEMENT PRACTICES PROGRAMS, AND COMPLIANCE WITH THE PERMITS' TERMS. IT IS LIKELY THAT THE STATE OF HAWAII (DEPARTMENT OF HEALTH) WILL JOIN AS A CO-PLAINTIFF.

Defendants (9)

• AIR SERVICE CORPORATIONNamed in complaintNamed in settlement
• ALOHA AIRLINESNamed in complaintNamed in settlement
• BRADLEY PACIFIC AVIATION INC.Named in complaintNamed in settlement
• CENTURY AVIATIONNamed in complaintNamed in settlement
• CIRCLE RAINBOW AIRNamed in complaintNamed in settlement
• FLY KAUAI AIRLINESNamed in complaintNamed in settlement
• HAWAII DEPT. OF TRANSPORTATIONNamed in complaintNamed in settlement
• UNITED AIRLINESNamed in complaintNamed in settlement
• HAWAIIAN AIRLINESNamed in complaintNamed in settlement

Facilities (5)

• HONOLULU INTERNATIONAL AIRPORT

  AIRPORT FACILITY COMPLEX (ROGERS BLVD), HONOLULU, HI, 968191898

  Registry ID: 110005727428

• OAHU ISLAND OF

  HONOLULU, HONOLULU, HI, 96822

  Registry ID: 110028114680

• KAUAI, COUNTY OF

  KAPULE HWY., LIHUE, HI, 96766

  Registry ID: 110028116269

• STATE OF HAWAII - LIHUE AIRPORT

  3901 MOKULELE LOOP (BOX 6), LIHUE, HI, 96766

  Registry ID: 110005727295

• KAHULUI-MAUI (OGG) AIRPORT

  1 KAHULUI AIRPORT RD, KAHULUI, HI, 96732

  Registry ID: 110010627330

Statutes cited

• CWA OTHER — Violations not covered elsewhere
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• HAWAII D.O.T. (STORM SEWER PERMITS) (CONSENT DECREE)entered 2006-01-30

  Primary law: CWA

  Federal penalty: $600,000 · State/local: $400,000 · SEP: $1,122,500

Timeline (7 milestones)

• 2001-05-14Referred To Dept Of Justice
• 2001-07-17Enforcement Action Data Entered
• 2005-10-06Complaint Filed With Court
• 2005-10-06Final Order Lodged
• 2006-01-30Concluded
• 2006-01-30Final Order Entered
• 2022-02-18Enforcement Action Closed