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November 24, 2003
HONOLULU - The State Department of Health (DOH) has issued a Notice
of Violation and Administrative Compliance Order to Bonded Materials
Company; Pine Enterprises, Inc.; Oahu Amusement & Vending, Inc.;
Pacific Amusement, Inc.; and Unocal Corporation for violations to
Hawaii’s Underground Storage Tank (UST) Rules. All five
businesses previously owned or operated USTs located at 1050 and 1062
Kikowaena Place in Mapunapuna.
The order requires the parties to excavate and properly dispose of
petroleum contaminated soil by November 30, 2003, to sample ground
water monitoring wells, to develop a plan to investigate for petroleum
contamination in the Moanalua Stream, and to submit investigation
reports to DOH.
"DOH did everything it could to persuade the parties to work
cooperatively among themselves and with the department," said Robert
Caplan, Enforcement Coordinator. "Unfortunately the parties have been
unable to set aside their internal differences and conduct the cleanup
and investigation effort required by law and by the approved work
plan."
Although the department is authorized to assess penalties for
violations of the UST Rules, DOH has not included a penalty in this
order because its primary goal at this time is to ensure that the
necessary work is completed on a timely basis.
However, DOH has not waived its authority to assess penalties in the
future for any past or ongoing violations committed by the parties.
Failure to comply with DOH’s Compliance Order could result in a
penalty up to $25,000 per day for each violation.
"It is DOH’s preference to work cooperatively with responsible
parties, try to resolve disputes and get sites cleaned up quickly,"
said Laurence K. Lau, Deputy Director for Environmental Health. "When
companies or individuals do not obey environmental laws, the department
must exercise its enforcement authority to protect our island
resources."
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For more information, contact:
Janice Okubo
Department of Health
Communications Director
Phone: (808) 586-4442
E-mail: jsokubo@mail.health.state.hi.us
Laura M. Lott
Department of Health
Information Specialist
Phone: (808) 586-4418
E-mail: lmlott@mail.health.state.hi.us
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