DOH, EPA Take Action Against Pflueger on Kauai
Series of Clean Water Violations Since June 2001

San Francisco – The Hawaii Department of Health and the U.S. Environmental Protection Agency today jointly issued orders to James Pflueger and Pflueger Properties resulting from state and federal stormwater violations at his property above Pila’a Beach near Kilauea on Kauai.

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. 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, 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 Hawaii Department of Health are taking this coordinated action to compel Mr. Pflueger to comply with the federal and state clean water requirements."

Today’s 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 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 announced its intent to file a suit against Pflueger under provisions of the federal Clean Water Act. The Kauai County Council has referred the matter of alleged violations of the county grading ordinance for investigation and possible prosecution.

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