In a press release sent from San Francisco, the state Department of Health and the U.S. Environmental Protection Agency announced Thursday that orders have been sent to Pila’a landowner James Pflueger and Pflueger Properties resulting from what the agencies are
In a press release sent from San Francisco, the state Department of Health and the U.S. Environmental Protection Agency announced Thursday that orders have been sent to Pila’a landowner James Pflueger and Pflueger Properties resulting from what the agencies are calling state and federal stormwater violations at his property above Pila’a Beach.
“Pflueger has been developing his property by clearing and grading large swaths of land since June 2001 without receiving a National Pollution Discharge Elimination System permit under the federal Clean Water Act,” the statement says, and “Pflueger has conducted illegal construction activities for at least 189 days, and as a result, had at least 109 days of unauthorized, sediment-laden storm water discharges into the Pacific Ocean.”
The DOH previously issued a “notice of apparent violation” to Pflueger on May 10.
“Any significant runoff from the Pflueger property into waterways of the state must have a permit and meet water quality standards,” said Bruce Anderson, state Director of Health. We are concerned about any damage to natural resources that may have resulted from this construction activity.”
“The ocean waters and coral reefs at Pila’a Beach have been significantly degraded by sediment discharges from these unpermitted construction activities,” said Wayne Nastri, the EPA’s Regional Administrator for the Pacific Southwest. “Due to the seriousness of the violations and threat to the environment, the EPA and Hawai’i Department of Health are taking this coordinated action to compel Mr. Pflueger to comply with the federal and state clean water requirements.”
The statement said the orders require Pflueger to halt all construction and immediately stop discharges into the ocean.
“Within 30 days of this order, Pflueger must prepare and submit to the DOH and the EPA a site stabilization plan for the property. The plan, incorporating proper pollution management practices, needs to be implemented and completed by Dec. 31, 2002.”
The DOH said it may issue penalties of up to $25,000 for each day of clean water violations and the EPA has the authority to fine up to $27,500 per day.
The DOH and the EPA may join together to seek penalties against Pflueger.
Earthjustice, a national non-profit public interest law firm, has also announced its intent to file a suit against Pflueger under provisions of the federal Clean Water Act, according to the statement.
The Kauai County Council may investigate Mayor Maryanne Kusaka for her failure to take action against a retired O’ahu auto dealer accused of causing a major landslide by slicing away part of a hill without obtaining county grading permits.
The council has agreed to hire a special counsel to advise it on what steps would be required to proceed with an investigation of the mayor. Council members said their decision to consult with an attorney does not mean they have decided to go ahead with the probe.
The council has never used the investigation powers given it under the County Charter.
The Associated Press contributed to this report.
