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The Honolulu Advertiser
Posted on: Wednesday, November 22, 2006

EPA wants additional $23,500 from Pflueger

Advertiser Staff

The U.S. Environmental Protection Agency is demanding $23,500 in penalties from retired Honolulu car dealer Jimmy Pflueger, stemming from Clean Water Act violations on Pflueger's 378-acre property at Pila'a, Kaua'i.

The amount is in addition to nearly $8 million Pflueger has agreed to pay or has paid in connection with the case.

The EPA said Pflueger had failed to hire a project manager and submit an inventory of cesspools that would replace others on the north shore property, near Kalihiwai Stream and Bay.

Pflueger's attorney called the EPA's announcement "shocking, inappropriate and outrageous" because the agency knew Pflueger had tried to comply but could not quickly obtain county permits for the project.

The EPA had not complained about the construction schedule until now, attorney Wesley H.H. Ching said.

A federal consent decree approved in June required Pflueger to meet specific deadlines to implement the project, the EPA said. Pflueger chose to abandon the project and pay a $221,000 fine, but missed two deadlines prior to making the payment, according to the EPA.

The consent decree settled charges associated with a 2001 mudslide on the property, which occurred after Pflueger conducted grading and other construction work without obtaining permits. The mudslide flowed onto and damaged the beach and coastal reefs off Kaua'i.

In March Pflueger agreed to pay $7.5 million to settle federal, state and county claims and those by public-interest groups. He also paid a county fine of $310,000 for coastal zone violations.