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Landowner to Pay for Clean Water Act Violations

05/11/06
In the largest settlement ever involving a single site and landowner, Hawaii developer James Pflueger has agreed to pay $7.5 million to the U.S. Environmental Protection Agency (EPA) for violations of the Clean Water Act (CWA) on 380 acres of coastal property on Kaua’i, Hawaii.
Image courtesy the EPA.
The aerial photograph indicates the coastal region of Hawaii affected by developer James Pflueger’s construction projects, recently found to violate the Clean Water Act.
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According to the EPA, Pflueger’s violations since purchasing his property in 1997 include cutting away a hillside for a vertical road cut, grading a coastal plateau, creating new access roads to the coast, and disposing of dirt and rock fill in perennial streams. These acts were undertaken without required CWA permits or erosion control measures. Pflueger’s activity caused massive runoff of sediment-laden stormwater, damaging a beachfront home, a coral reef, and other wildlife habitats.

The agreement requires Pflueger to pay $2 million in penalties to the state of Hawaii and the U.S.; $5.3 million to prevent further erosion and restore streams at areas damaged by his construction activities; and $200,000 to replace cesspools with improved wastewater systems at homes in a nearby coastal community.

Details of the settlement can be viewed online at www.epa.gov/compliance/resources/cases/ civil/cwa/pflueger.html

This article was produced by BuildingGreen, Inc.- www.buildinggreen.com

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