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EPA Issues Another Enforcement Order Against Pflueger on Kaua'i

Release Date: 11/13/2002
Contact Information: Mike Ardito, U.S. EPA, (415) 972-3081, [email protected]

     SAN FRANCISCO   The U.S. Environmental Protection Agency today ordered James Pflueger and Pflueger Properties to stop illegal discharges of polluted stormwater into streams and the ocean that resulted from improper grading operations at a construction site near Kaloko Reservoir on Kaua'i.  

     The EPA and Hawai'i Department of Health issued similar orders in June to Pflueger for ceasing stormwater violations, that were degrading coral reefs and ocean waters, from a construction site above Pila'a Beach on Kaua'i.

    Pflueger failed to apply for a National Pollution Discharge Elimination System permit, under the federal Clean Water Act, for the Kaloko site.   Pflueger has discharged polluted stormwater there without a permit for allegedly 250 or more days between January 1998 and July 2002, based upon data gathered from a rain gauge in Kilauea.

     The EPA's orders require Pflueger to halt all construction activities until all required permits are obtained.  Within 60 days, Plueger is required to complete a survey to identify potential unstable or erodible soils on this property and submit a site stabilization plan.  Pflueger must implement the corrective measures to stabilize the site by March 31.

     "The EPA's continuing investigation into Mr. Pflueger's activities on Kaua'i has revealed that in addition to his activities at Pila'a, he also graded and disturbed this large swath of land at Kaloko Reservoir without having received the necessary permits," said Catherine Kuhlman, the EPA's acting director for water programs in the Pacific Southwest region.  "Stormwater runoff from this construction site must have a permit and meet water quality standards.  Once again, Mr. Pflueger may be subject to civil penalties for failure to comply with environmental laws."

     Stormwater runoff from construction activities at Kaloko Reservoir flow into the reservoir, a tributary of Waiakalua Reservoir, Waiakalua Stream and the Pacific Ocean.  Stormwater runoff from the reservoir's plateau may also flow into Kaluaa, Moloaa and Waipake streams and then into the ocean.

     EPA and Hawai'i Department of Health inspectors on Sept. 18  found more than five acres had been disturbed due to construction activities at the site.  Clearing and grading of the area above Kaloko Reservoir occurred on the north, east and southeast sides.  Construction of a road approaching the east side reservoir embankment involved cut slopes and grading work.  
 
     Kaua'i County issued a notice of grading violations to Pflueger for the Kaloko site in November 1997.  Kaua'i County issued a second notice of grading violations in July 2002.