EPA v. Aloha Petroleum Kahului Terminal CWA 311 SPCC

Case summary

This Consent Agreement and Final Order ( CA/FO ) is issued under the authority vested in the Administrator of the U.S. Environmental Protection Agency ( EPA ) by Section 311(b)(6)(A) and (B)(ii) of the Clean Water Act ( CWA or Act ), 33 U.S.C. Section 1321(b)(6)(A), (b)(6)(B)(ii), as amended by the Oil Pollution Act of 1990, and under the authority provided by Section 22.18(b)(2) of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits, 40 C.F.R. Section 22.18(b)(2). The Administrator has delegated these authorities to the Regional Administrator of EPA Region IX, pursuant to Delegation 2-52A 1200 TN 350 (January 18, 2017), who has in turn delegated them to the EPA Region IX Director of the Enforcement Division (now the Enforcement & Compliance Assurance Division ) ( Complainant ), pursuant to Delegation R9 2-52A (March 8, 2017).

Defendants (1)

• Karl FailsNamed in complaintNamed in settlement

Facilities (1)

• ALOHA PETROLEUM, LTD., MAUI FUEL TERMINAL

  60 HOBRON AVENUE, KAHULUI, HI, 96732

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• Aloha Petroleum Kahului Terminal CWA 311 SPCCentered 2024-10-23

  Primary law: CWA

  Federal penalty: $103,377

Timeline (4 milestones)

• 2024-10-23Complaint Filed/Proposed Order
• 2024-10-23Enforcement Action Closed
• 2024-10-23Final Order Issued
• 2024-10-31Enforcement Action Data Entered