News Releases from Department of Health

HONOLULU – The Hawai‘i Department of Health (DOH) issued a Notice of Violation and Order (NOVO) against the Hawai‘i Emergency Management Agency (HI-EMA) for violating the state’s underground storage tank (UST) laws.

On July 3, 2023, a DOH inspector confirmed that a 6,000-gallon UST system had been installed and operating at HI-EMA’s Battery Birkhimer facility since December 1997. HI-EMA had failed to notify DOH of the installation, conduct required operation and maintenance inspections or implement a method for leak detection. Once HI-EMA was made aware of the violations from more than two decades ago, it promptly implemented corrective actions and brought its underground storage tank into compliance.

HI-EMA has been assessed a $98,500 penalty for the following UST violations:

• Failure to notify DOH within 30 days after installation of a UST system
• Failure to conduct periodic operation and maintenance walkthrough inspections of spill prevention equipment and release detection equipment every 31 days
• Failure to annually test proper operation of release detection equipment
• Failure to monitor the tank for a release at least every 31 days

HI-EMA has 20 days from the date of receipt of the NOVO to submit a written request for a hearing, or the NOVO will become final and enforceable after the 20-day period.

The DOH UST Section regulates underground storage tanks, which store petroleum or hazardous substances, by conducting operational compliance inspections from time to time after installation. Routine inspections determine whether a UST or tank system is being maintained properly to prevent releases of regulated substances into the environment.

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