HONOLULU - The Hawai‘i Department of Health (DOH) has issued a Notice of Violation and Order (NOVO) against IES Downstream LLC for violating the state’s hazardous waste management laws at its ‘Ele‘ele, Kaua‘i, storage terminal. IES was cited for two counts of storing hazardous waste without a permit and one count of failing to make a hazardous waste determination.

A DOH inspector observed 27 containers in two storage areas. The NOVO alleges that the containers were storing hazardous waste, were in poor condition, and were not properly labeled. Under hazardous waste regulations, 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.

The NOVO alleges that IES failed to meet these requirements as a hazardous waste generator temporarily storing its own waste and therefore did not qualify for an exemption from the requirement to obtain a hazardous waste storage permit.

The NOVO further alleges that IES failed to make a proper hazardous waste determination. Although the company sampled the waste to determine whether it was hazardous, it did not store the waste as potentially hazardous while awaiting laboratory results. After receiving analytical results indicating that the waste was hazardous, IES allegedly continued to store the material without adequate containers or proper labeling. The waste was allegedly stored improperly on-site for more than two months.

IES has been assessed a $108,140 fine for the three violations. In addition to paying the penalty, the company has been ordered to take corrective actions, including - but not limited to - training its employees to prevent future violations. IES has 20 days to respond to the order.

To protect Hawai‘i from pollutants that endanger people and the environment, DOH regulates the generation, transportation, treatment, storage and disposal of hazardous waste. The DOH Solid and Hazardous Waste Branch promotes pollution prevention and waste minimization, develops partnerships with waste generators and the regulated community, guides the rehabilitation of contaminated lands and enforces environmental laws.