DEPARTMENT OF HEALTH ISSUES A NOTICE OF VIOLATION AND ORDER TO BOARD OF WATER SUPPLY AND ITS CONTRACTORS FOR POLLUTING NUUANU STREAM

News Release from Hawaii DoH, Jan 3, 2020

HONOLULU – The Hawai‘i Department of Health (DOH) has issued a Notice of Violation and Order (NOVO) against the Honolulu Board of Water Supply (BWS), R.M. Towill Corporation, SSFM International, Inc., and Drayko Construction, Inc. for discharging sediment from the Nuuanu Reservoir No. 4 to upper Nuuanu Stream over a period of 18 days and failing to report this discharge to DOH for 15 days.

For 18 days in February and March 2019, the BWS and its contractors associated with a Nuuanu Reservoir No. 4 construction project, discharged sediment into Nuuanu Stream. Officials from DOH’s Clean Water Branch became aware of the discharge only after receiving complaints from local neighbors who noticed a prolonged visual impact from the sediment to Nuuanu Stream. Based on the Clean Water Branch investigation, the sediment discharged was the result of respondents failing to complete dredging activities before draining water from the reservoir.

Sediment that BWS contractors failed to dredge flowed through the reservoir’s drain and was discharged into upper Nuuanu stream where it impacted water quality from the upper watershed to Honolulu Harbor. BWS and its contractors failed to report the discharges within 24 hours as required by law, delaying notification for 15 days and only acting to halt the discharge after involvement by DOH.

“The Board of Water Supply and its contractors must prevent polluting state waters,” said Keith Kawaoka, deputy director of environmental health. “If an unlawful discharge occurs, the BWS and its contractors are responsible for acting immediately to mitigate the impacts and report the incident to the DOH. In this case, neither the BWS nor its contractors acted as required by law. The NOVO issued will prevent further water pollution and penalizes all respondents for failing to comply with environmental laws intended to protect human and environmental health.”

The NOVO requires the respondents to implement corrective actions to prevent additional discharges from Nuuanu Reservoir No. 4 and be subject to pay a monetary penalty. The DOH remains engaged with BWS and is committed to resolving this matter. The BWS and its contractors have 20 days to contest the NOVO and request a hearing.

The DOH protects public health and the environment by prohibiting discharges that affect water quality, keeping Hawaii waters fishable and swimmable for everyone. Everyone must comply with environmental regulations to protect the public and the state’s fragile ecosystem. Failure to do so can result in legal action by the state, federal partners and/or private citizens.  

HNN: Board of Water Supply, contractors face $420,000 fine for Nuuanu Stream pollution 

KITV: Dead Koi fish led to a $420K fine from the Department of Health

SA: Contractors failed to completely finish dredging activities prior to draining water from the reservoir

PDF: Board of Water Supply Fine (87pgs)

Sept 2018: Evacuate? 'High Risk' Nuuanu Reservoir--What is Caldwell Administration Hiding?

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DEPARTMENT OF HEALTH ISSUES A NOTICE OF VIOLATION AND ORDER TO HOMEOWNER AND CONTRACTORS FOR UNAUTHORIZED CONSTRUCTION ACTIVITIES IN MANOA STREAM

News Release from Hawaii DoH, Jan 3, 2020

HONOLULU – The Hawai‘i Department of Health (DOH) has issued a Notice of Violation and Order (NOVO) against the Hayama Trust, HH Constructions Inc., and Structural Hawaii, Inc. for discharging dirt, gravel and construction materials into Manoa Stream without State permits and DOH authorization.

Officials from DOH’s Clean Water Branch responded to complaints of unpermitted construction activities within Manoa Stream and found that the Hayama Trust and its contractors were conducting construction activities within Manoa stream without a valid permit to discharge pollutants into Manoa Stream. Beginning in May 2019, respondents discharged an estimated 193 cubic yards of gravel, dirt and other construction materials into Manoa Stream.

“Owners, contractors and consultants responsible for construction activities in or near our streams must comply with environmental laws that protect water quality,” said Keith Kawaoka, Deputy Director of Environmental Health. “When they fail to do so, each will be held responsible for their part in violations issued by the DOH.”

The NOVO requires the respondents to prevent additional discharges, remove all unauthorized materials from the stream, and to pay a monetary penalty of $40,000. The respondents have 20 days to contest the NOVO and request a hearing.

The DOH protects public health and the environment by prohibiting discharges that affect water quality, keeping Hawai‘i waters fishable and swimmable for everyone. Everyone must comply with environmental regulations to protect the public and the state’s fragile ecosystem. Failure to do so can result in legal action by the state, federal partners and/or private citizens.