EPA v. Hawaii Department of Transportation Harbors Division

Case summary

EPA and the Hawaii Dept. of Health conducted an on-site audit of the Hawaii Dept. of Transportation, Harbors Division's municipal storm water program regarding it harbor facilities on Oahu (Honolulu and Kalaeloa Barbers Point Harbors and Kewalo Basin) and conducted 35 individual storm water inspections of port tenants in December 2008. The audit noted several violations by HDOT Harbors Div. of its Small MS4 NPDES permit, EPA Region 9 issued Findings of Violation and an Order for Compliance pursuant to CWA Section 309(a) on June 18, 2009. The order requires the HDOT (Harbors Division) to revise its stormwater management plans for both harbors by December 2009 and submit the revised plans by the end of January 2010. The order also requires HDOT (Harbors Division) to: · develop and implement a tenant inspection and enforcement program, and conduct inspections annually at all commercial/industrial tenant facilities beginning January 2010; · use the tenant inspection and enforcement program to detect and eliminate illicit discharges into the harbor stormwater systems; · develop and implement a program to control construction site runoff, including inspections of third-party constructions projects at the harbors; · develop and implement a Post-Construction Storm Water Management Program for areas of new development and significant redevelopment; · revise the pollution prevention/good housekeeping program to include a program of scheduled inspections and preventive debris removal from its stormwater system; and · develop and implement an erosion and sediment control plan to manage the existing dredged materials at Kalaeloa Barbers Point Harbor, as well as for future dredge spoil stockpiles, if any, to prevent both wind-and water-caused erosion of the stockpiled materials.

Defendants (1)

• Hawaii Dept. of transportation, Harbors Div.Named in settlement

Facilities (1)

• HONOLULU HARBOR

  79 S NIMITZ HIGHWAY, HONOLULU, HI, 96813

  Registry ID: 110014053451

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• 090618 309(a) Compliance Order to HI Dept. of Transportation Harbors Div. MS4 NPDES Permit Violnsentered 2009-06-18

  Primary law: CWA

Timeline (2 milestones)

• 2009-06-18Final Order Issued
• 2009-07-07Enforcement Action Data Entered