EPA v. Big Island Asphalt

Case summary

This is an Administrative Compliance Order pursuant to Clean Water Act Section 311(c) issued to Big Island Asphalt Company, Inc. The order requires Big Island to address a substantial threat of oil discharge to the waters of the U.S., specifically Hilo Harbor, Big Island, Hawaii. The Order directs Big Island to submit a work plan to characterize the extent of the contamination and the measures necessary to clean up the site and prevent further discharge. Big Island Asphalt is an asphalt manufacturing facility located approximately one-quarter mile from Hilo Harbor. Drainage from the facility travels by storm drainage swales to Hilo Harbor and the Pacific Ocean. In November 2004, an EPA inspector found oil and oily water discharges from containers at the facility. The facility lacked proper controls to prevent discharges of oil. While the facility has made some changes since the time of the inspection, a substantial threat of discharge remains. Pursuant to the present order, Big Island Asphalt must submit a work plan for EPA approval. The actions required by the order include implementation of immediate measures to halt the discharge of oil, sampling and post-removal controls.

Defendants (2)

• Big Island Asphalt CompanyNamed in complaintNamed in settlement
• Makawao Sugar Plantation Limited Partnership

Facilities (1)

• BIG ISLAND ASPHALT

  794 KALANIANOLE HIGHWAY, HILO, HI, 96720

  Registry ID: 110020686220

Statutes cited

• CWA 311C2/311E — Emergency Powers Oil Imminent & Substantial Endangerment

Enforcement conclusions (1)

• Big Island Asphalt Compliance Orderentered 2005-01-27

  Primary law: CWA

Timeline (4 milestones)

• 2005-01-27Complaint Filed/Proposed Order
• 2005-01-27Final Order Issued
• 2005-01-27Enforcement Action Closed
• 2005-02-23Enforcement Action Data Entered