The Hawaii Department of Health issued a notice of violation and order against IES Downstream, a Hawaii-based fuel storage and delivery company, for violating the state’s hazardous waste management laws.

What You Need To Know

  • The company was cited for two counts of storing hazardous waste without a permit and a single count of failing to make a hazardous waste determination. The violations occurred at the company’s Eleele storage terminal on Kauai
  • During an inspection of the facility, a DOH inspector found 27 containers (in two storage areas) that were determined to be storing hazardous waste despite being unlabeled and in poor condition.
  • The violations will cost IES a total of $108,140. In addition to the fine, DOH ordered IES to take corrective actions, including training its employees to prevent future violations
  • IES previously ran afoul of the department in 2018 as it was transitioning from a petroleum refinery to a bulk terminal operation and preparing to sell its refinery assets. Responding to a complaint, DOH conducted a nine-month investigation, during which DOH determined that IES had sent hazardous waste produced during the transition to facilities that were not permitted to accept such waste

The company was cited for two counts of storing hazardous waste without a permit and a single count of failing to make a hazardous waste determination. The violations occurred at the company’s Eleele storage terminal on Kauai.

During an inspection of the facility, a DOH inspector found 27 containers (in two storage areas) that were determined to be storing hazardous waste despite being unlabeled and in poor condition.

As DOH noted, generators must store waste in closed containers that are in good condition and made of materials that will not react with the type of waste stored. Regulations also require specific container labeling, including the words “Hazardous Waste,” and an indication of the hazards contained.

As a hazardous waste generator temporarily storing its own waste, IES was required to obtain a hazardous waste storage permit.

According to the notice, IES had the waste tested to determine whether it was hazardous, but did not store it as potentially hazardous while waiting for results. Once the material was confirmed to be hazardous, IES continued to store it on site for more than two months without adequate containers or proper labeling, according to DOH.

The violations will cost IES a total of $108,140. In addition to the fine, DOH ordered IES to take corrective actions, including training its employees to prevent future violations. IES has 20 days to respond.

IES previously ran afoul of the department in 2018, as it was transitioning from a petroleum refinery to a bulk terminal operation and preparing to sell its refinery assets. Responding to a complaint, DOH conducted a nine-month investigation, during which DOH determined that IES had sent hazardous waste produced during the transition to facilities that were not permitted to accept such waste.

As part of a settlement with the department, IES agreed to pay a civil penalty of $708,627 and transport nearly 290,000 pounds of hazardous waste to a mainland facility.

The latest NOVO is the second significant action DOH has taken over hazardous waste violations in as many weeks.

Last week, DOH announced it had cited Par Hawaii, which operates the state’s lone petroleum refinery, for illegal disposal of hazardous waste at a facility not permitted to dispose of hazardous waste; failure to make a hazardous waste determination; and failure to use a uniform hazardous waste manifest for transportation of hazardous waste. The company was fined $169,500 and ordered to take corrective action. 

Michael Tsai covers local and state politics for Spectrum News Hawaii. He can be reached at michael.tsai@charter.com.