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State fines asphalt company $107K for violation of water pollution rules on Kauai

The Hawaii Department of Health has fined an asphalt company $107,500 for discharging pollutants into state waters without a permit or pollution control practices.

DOH issued the fine in a notice of violation and order to Maui Asphalt X-IV, LLC — or Maui Asphalt — which operates in Waimea, Kauai.

“Industrial pollution poses a threat to Hawaii residents and our natural resources,” said Deputy Director of Environmental Health Kathleen Ho in a news release. “DOH will continue to enforce environmental regulations to protect public health and the environment.”

DOH’s clean water branch responded to complaints that Maui Asphalt’s facility on Kaumualii Highway on Kauai was discharging pollutants to state waters without a permit. DOH issued the company a notice of apparent violation and a request for information on April 22, 2021.

An inspection of the facility was conducted in August, and the branch determined the asphalt paving mixture activities were occurring without the proper permit required.

Under the order, Maui Asphalt is required to obtain a National Pollutant Discharge Elimination System permit, which requires implementing pollution control devices to keep pollutants from contaminating bodies of water. Additionally, Maui Asphalt must develop a Storm Water Pollution Control Plan and implement practices to keep pollutants from contaminating water resources.

Maui Asphalt has operated the Waimea site for five years, and in that time period, data from the National Weather Service indicates there were 43 instances when pollutants such as aggregate, dirt, fuel, oils, and contaminated runoff were discharged into state waters. DOH fined the company $2,500 per discharge.

Maui Asphalt has 20 calendar days after receipt of the notice to pay the fine or to submit a written request for a hearing.

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