The Department of Health, State of Hawaii, is notifying all interested persons of the proposed settlement between the Department of Health and Earthworks Pacific, Inc. The Department of Health has issued a Notice and Finding of Violation and Order, in Docket No. 08-CA-EO-06, alleging that Earthworks Pacific, Inc., violated state air pollution laws, HRS §342B-11, HAR §11-60.1-2, and HAR §11-60.1-33(a), by not taking reasonable precautions to prevent visible fugitive dust from becoming airborne at the Kauai Resort & Beach Club construction site, 3610 Rice Street, Lihue, Kauai.
A Consent Order has been drafted that proposes to settle this case. Interested persons may submit written comments on this proposed settlement to the Department of Health within 30 days of this notice. Comments should be sent to Mr. Wilfred Nagamine, Manager, Clean Air Branch, Department of Health, P.O. Box 3378, Honolulu, Hawaii, 96801-3378. The proposed Consent Order and the Notice and Finding of Violation and Order may be reviewed at the Clean Air Branch in Honolulu, 919 Ala Moana Boulevard, Suite 203 and at the Clean Air Branch in the Kauai District Health Office, 3040 Umi Street, Lihue, Kauai. For additional information, contact Mr. Jack Liu of the Clean Air Branch in Honolulu at (808) 586-4200.