On May 12, the U.S. Department of Justice lodged a proposed consent decree with the U.S. District Court for the District of Hawaii in a Clean Air Act lawsuit that alleged violations at the Kapa’a and Kalaheo Sanitary Landfill located on the island of Oahu in Hawaii.
The United States’ complaint alleges violations for the City and County of Honolulu’s (CCH) failure to timely submit a design plan for a gas collection and control system (GCCS) and failure to timely install and operate a GCCS. The consent decree requires CCH to pay a civil penalty of $875,000 and to implement a Supplemental Environmental Project (SEP), which is the installation and operation of a solar photovoltaic system at its waste-to-energy facility located on Hanua Street, Kapolei, Hawaii.
The consent decree states that, during the period of the negotiations of this consent decree, CCH submitted a GCCS design plan approved by the U.S. Environmental Protection Agency for the Landfill, installed and commenced operation of the GCCS, developed a startup, shutdown and malfunction plan, and submitted a complete application for a Title V covered source permit.
The publication by Justice of a notice in the May 18 Federal Register will open a period for public comment on the consent decree. All comments must be submitted no later than 30 days after the publication date of this notice.
Said the consent decree about the solar project: “Defendant shall install, or cause to be installed, a photovoltaic system at Defendant’s waste-to-energy facility, the H-POWER facility (‘H-POWER’), located at 91-174 Hanua Street, Kapolei, Hawaii 96707. Defendant shall install photovoltaic modules on at least 261,857 square feet of buildings and open space area at H-POWER identified in the map attached hereto as the Appendix. The aggregate kilowatts-peak (nameplate DC power rating) of the SEP shall be at least 3.089 megawatts. Defendant may use consultants and/or contractors in planning and implementing the SEP. Defendant shall achieve SEP Construction Completion by June 2020. Defendant shall achieve SEP Completion by operating the SEP for at least three years after SEP Construction Completion and generating the SEP Energy Output Requirement of at least 15,056 MWh of energy with the SEP.”