HI-EMA fined $98K for violating underground storage tank laws

The Hawaii Department of Health has fined the Hawaii Emergency Management Agency $98,500 for violating the state’s underground storage tank laws.

HI-EMA had installed and operated a 6,000-gallon underground storage tank system at its Battery Birkhimer facility inside Diamond Head Crater since December 1997, DOH officials said in a news release today. This was confirmed by a health inspector in July 2023.

But HI-EMA failed to notify the health department of the installation or to conduct required inspections or implement a method for detecting leaks. These underground storage tanks store petroleum or hazardous substances, and must be maintained properly, health officials said.

“Once HI-EMA was made aware of the violations from more than two decades ago, it promptly implemented corrective actions and brought its underground storage tank into compliance,” DOH said today.

The Health Department has issued HI-EMA a notice of violation and order for the following violations:

>> Failure to notify DOH within 30 days after installation of an underground storage tank system.

>> Failure to conduct periodic operation and maintenance walk-through inspections of spill prevention equipment and release detection equipment every 31 days.

>> Failure to annually test proper operation of release detection equipment.

>> Failure to monitor the tank for a release at least every 31 days.

“The State of Hawaiʻi Department of Defense, including its division, the Hawaiʻi Emergency Management Agency, is dedicated to the preservation and protection of Hawaiʻi’s environment,” said HI-EMA in a written statement. “HI-EMA is currently in compliance and will fully cooperate with the State Department of Health regarding this violation.”

HI-EMA has 20 days from its receipt of the notice of violation and order to submit a written request for a hearing.