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From: Claudia Rohr
Date: Mon, Nov 5, 2018 at 12:58 PM
Subject: Hu Honua- Complaint of violation of NPDES expired HIR70C294, terminated HIR10E187, and active HIR10F557
To: Stefanie Weaver <>, Matthew Kurano <>, EPA Peter Kozelka <>, Alec Y <>, <>, <>, <>, <>, Glenn Haae <>, PhD <>
Cc: <>, Rex Fujichaku <>, <>


Re: noncompliance/violations of law- expired HIR70C294, terminated HIR10E187, active HIR10F557; and draft HIS000555


An enforcement of the Clean Water Act, HRS 342D, HAR Chapters11-54 and 11-55 is in order.  In addition to noncompliance with storm water sampling complained of before, Hu Honua was in nonformance with or in violation of the Clean Water Act, HRS Chapter 342D, and HAR Chapters 11-54 and 11-55 in the following ways:


(1) Hu Honua discharged and is discharging pollutants-- sediment containing arsenic and copper-- to state waters through a point source not covered under any NPDES permit per se-- a drain with no BMPs to settle out sediment entrained in storm water that bi-passes any BMPs in the settling basin at Outfall 001.  This is evidenced in Hu Honua's compliance response to a field citation received Nov. 20, 2017, Photograph HHB-18 on page 8 of 9 of photograph section.  See attached, highlighted photograph HHB-18 (file name pg. 32 highlighted HHB compliance response...) along with other relevant documents.  These attached documents are from the WPC- webviewer file for expired NPGC HIR70C294.


(2) Hu Honua installed an illicit drain in the detention basin draining to the tunnel leading to Outfall 001.  The detantion basin (1993) was converted out of the old Mill House foundation, the settling basin was further sectioned of in 2001 to settle out solid polutants and that is where storm water is sampled.  The illicit drain is in the slab area makai of the settling basin (2001) where storm water enters down the ramp or by some other means that bi-passes the settlng basin.


(3)  Hu Honua did not and is not performing its duties under its SWPCP and SWMP to watch for illicit connections to outfall 001 and illicit discharges.


(4)  Hu Honua has not properly trained its employees in the purpose and procedures in the SWPCP and has no procedures for stopping fluid spills.  Silt socks will not stop large fluid spills from entering Hu Honua's storm water drainage system.


(5)  Hu Honua has not had and does not have County approved, certified engineer dawings of their storm water drainage system and no one understands the plans maintained on site as they no longer apply.  (See, Stefanie Weaver's Inspection Report with photograhs and Field Citation).


The community is lossing confidence in Hawaii's enforcement of its NPDES program.  Hu Honua has a history of noncompliance starting in 2010, has demonstrated a complete misunderstanding of the laws and rules and DOH and EPA as done very little to change that.  Hu Honua's NPDES HIR70C294 general permit, 2013 renewal provides:


"Failure to comply with the new NPDES General Permit is an enforceable violation and

may result in your NGPC being terminated. If you violate Hawaii Revised Statutes,

Chapter 342D, you may be subject to penalties of up to $25,000 per violation per day

and up to two (2) years in jail."


In closing, it violates the spirit of the NPDES program, rendering it meaningless to issue Hu Honua a new NPDES for storm water discharges from an industrial facility when operating when Hu Honua did not comply with conditions of NGPC HI R70C294 for storm water discharges from an industrial facility that is not operating for the last five years or longer. HAR §11-55-17(c)(1), provides:


"(c) The following are causes for terminating a

permit during its term or for denying a permit renewal


(1) Noncompliance by the permittee with any

condition of the permit;"


Of course if the Director of Health would just pull the trigger and require Hu Honua completes an EA under HEPA we would be able to extract disclosures about Hu Honua's activities that have the potential to create water pollution which adversely impacts the bottom biological community.  An EA is triggered under HRS sections 343-5(a)(1) and (2) because Hu Honua's storm water drainage system outfalls require easements from the State and Hu Honua's thermal wastewater discharging through the sea bed at 5.5 degrees Celsius above ambient conditions is an activity that will or likely create substantially use of state-own land designated "conservation" by the LUC-- submerged lands.


Thank you for your consideration,

Claudia Rohr

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