In accordance with Section 309(g) of the Clean Water Act (“CWA”), 33 U.S.C. § 1319(g), and the Consolidated Rules of Practice at 40 C.F.R. Part 22, notice is hereby given of a proposed settlement, recorded in a Consent Agreement and Proposed Final Order (“Proposed Consent Agreement”), between the U.S. Environmental Protection Agency, Region 9 (“EPA”), and Keehi Marine Inc. (“Respondent”) to resolve the following civil administrative penalty proceeding under Section 309(g).
On January 19, 2021, pursuant to 40 C.F.R. § 22.13(b) and 22.18(b)(2) and (3), Complainant and Respondent entered into a Proposed Consent Agreement to simultaneously commence and conclude this CWA Class II civil administrative penalty proceeding. The Proposed Consent Agreement requires Respondent to pay to the United States an administrative civil penalty of one hundred twenty-seven thousand eight hundred twenty-one dollars ($127,821).
Payment of this penalty will resolve EPA’s allegations that the Respondent violated Sections 301(a) and 402 of the CWA, 33 U.S.C. § 131l(a) and 1342, by discharging pollutants in stormwater to Keehi Lagoon not in compliance with the NPDES General Permit Authorizing Discharges of Storm Water Associated with Industrial Activities, at HAR Chapter 11-55 Appendix B (General Permit). Respondent had unaddressed stormwater discharges with excessive pollutants associated with boat painting, sanding and grinding in violation of Condition 9 of the General Permit, which requires permittees to immediately stop, reduce, or modify stormwater discharges as necessary to prevent violations of Hawaii’s water quality standards for metals. By discharging stormwater associated with industrial activity and failing to comply with the General Permit, Respondent has violated CWA §§ 30l (a) and 402, 33 U.S.C. §§ 131l (a) and 1342.
In the Matter of Keehi Marine Inc., Docket No. CWA-09-2021-0021
Amy C. Miller-Bowen, Director
Enforcement and Compliance Assurance Division
U.S. EPA, Region 9
75 Hawthorne Street, San Francisco, CA 94105
Keehi Marine Inc.
24 Sand Island Access Road
Description of Business or Activity Conducted by the Respondent
Respondent has been engaged in boat building and repairing for over 20 years. Activities associated with boat building and repairing include boat haul outs, bottom painting, fiberglass repair, prop and shaft repair, fueling, grinding, welding, and various other boat maintenance services. The pollutants of concern are metals including copper, lead, and zinc.
Keehi failed to comply with a condition or limitation in a CWA section 402 permit.
During an April 21, 2017 stormwater inspection, representatives of EPA Region 9 inspected the Facility to evaluate compliance with the General Permit and observed the following: (1) accumulated fine sediment and debris near the work areas; (2) boat repair activities being conducted outdoors without any observable overhead coverage or alternative best management practices (“BMPs”) to prevent pollutants in stormwater discharges; (3) evidence of previous flooding in the work area where pollutant can be mobilized in stormwater discharges; (4) wash-water accumulation and evaporation in a low area leaving pollutants behind to be mobilized in stormwater; and (5) the Facility’s Storm Water Pollution Control Plan (“SWPCP”) lacked adequate descriptions of policies and practices for implementing BMPs.
On five occasions, from September 2016 to December 2017, Respondent reported exceedances of Hawaii’s Water Quality Standards for metals that are incorporated into the General Permit. Respondent failed to immediately stop, reduce, or modify the discharge as needed to prevent a violation of the applicable water quality standards, as required by Condition 9 of the General Permit. Furthermore, Respondent failed to amend its SWPCP as necessary to add BMPs that would address the metals that were in excess of the discharge limitations, as required by General Permit Condition 8(a).
Proposed Order and Penalty