Hertz cited for missing records

LIHU‘E — The state Department of Health has fined the Hertz Corporation more than $60,000 for failing to provide records of the company’s underground storage fuel tanks on Kaua‘i, according to a news release Tuesday.

“We just had to send a message that this is an unacceptable practice,” said Steven Chang, manager for the DOH Solid and Hazardous Waste Branch.

Owners or operators of underground tanks are supposed to conduct monthly tests to look for leaks in the tanks, he said.

“This is a very important and fundamental element that they have to do,” Chang said. “If a release occurs they can catch it quickly, so we don’t have huge amounts of gas being spilled into the environment.”

Chang said the state normally conducts inspections every two years, a more frequent rate than the federal recommendation of every three years.

“By having more frequent inspections we were able to show that we have a higher level of compliance,” Chang said.

The Hertz facility on Kaua‘i has been repeatedly warned over the years, but reportedly continued to violate the rules.

In 2004 the Hertz had not monitored leaks five times out of a 12-month period, Chang said.

In 2006 that problem happened again, and they didn’t have financial assurance documents and annual maintenance reports available.

“In 2008 we went back again, and we found that they were still not consistent with their leak detection,” Chang said.

In August 2009, the DOH once more found irregularities. Chang said that in the prior 12 months, Hertz failed to conduct leak-detection tests six times.

Chang said in tanks that have electronic-recording systems, workers “push a couple of buttons and they get a response.” He was unable to determine by press time what system the Hertz office had.

In the old days, Chang said, a rod would be inserted into the tank, and a simple equation of gas introduced in the tank minus gas taken would indicate if there was a leak.

Chang said the field citations usually don’t represent a significant amount of money. But they are effective in getting businesses in compliance within 30 days.

In the Hertz case, however, Chang said even though they got cited every two years, it was getting worse.

“They have to take responsibility,” he said. “Most of the facilities take our citations seriously and make corrections, so this is kinda disappointing.”

Chang said anyone who has underground tanks that store fuel or other hazardous materials are subject to federal underground search tanks regulations.

Gas stations are not the only ones subject to inspections. Hospitals, certain radio stations and even police and fire department stations can be subject to inspections if they have underground tanks used to store fuel for emergency generators.

In 1996, a gas station in Nawiliwili had an equipment malfunction, and in less than 12 hours at least 1,800 gallons of fuel seeped into the ground and into the stream feeding Kalapaki Beach.

“The pipes broke and the pumps kept pumping,” Chang said. “It killed a lot of fish, and it was a huge disaster.”

Back in those days the DOH didn’t give out field citations. But Senter Petroleum was responsible for the clean-up, which Chang said was very expensive.

“This is why we try to run the program, and make sure that the operators are checking their systems on a regular basis. You just don’t realize how fast a disaster can occur,” Chang said.

The DOH cited the Kaua‘i Rent-A-Car facility $63,562.50 for the following missing records:

— Release detection of at least every 30 days. ($59,02.50)

— Third-party performance certifications for currently installed leak detection equipment. ($1,000)

— Annual maintenance reports. ($1,250)

— Operating manual for currently installed leak detection equipment. ($1,000)

— Assurance of financial responsibility. ($1,250)

The branch manager at Hertz on Kaua‘i said she was not authorized to talk about the citation.

Richard Broome, Hertz vice president of corporate affairs, did not respond to calls seeking comment by press time.

Hertz Corporation may request a hearing to contest the allegations or order.