Animal

Rights

From the State of Hawai'i complaint-

August 21, 2001

Pursuant to HRS Chapters 91, 321, 322 and 342 D; and HAR Chapter 11-62, "Wastewater Systems"

ECO-FEED, Inc. and J&J Livestock, John Yoshikawa its president are found to be in violation "of state wastewater regulations respecting numerous subjects, including nuisances foul and noxious odors, sources of filth, causes of sickness and disease; sanitation and drainage, sewage disposal, and other health conditions of buildings, construction projects, watercourses and areas and privy vaults and cesspools" ...

STATEMENT OF FACTS:

"at all relevant times, the respondents have owned, operated, managed or controlled a wastewater system located at a multiple address parcel, 87-881 Iliili Road and 87-1302 Paakea Road, Waianae, Oahu, Hawaii, and identified as tax map key (1) 8-7-19:39"

On several dates in 2001, wastewater was spilling or overflowing onto the ground from one of the pig pens on the property. Vectors, including flies, other insects, and maggots were observed in the spilled wastewater;

"...foul and obnoxious odors were noted to be emanating from an unlined wastewater pond on the property (adjacent to Iliili Rd.)

"...vectors, including flies, other insects, maggots, as well as garbage and trash were observed in and around the pond. Islands of sludge were also visible...indicating that the pond's capacity had diminished over time due to solids deposition.

"...a second pond, recently constructed on the property released a strong, sour and obnoxious odor that was detectable on the property and in the vicinity of the pond and also detectable on Iliili Road. This second pond is located near Paakea Rd. A heavy infestation of maggots was in the thick scum layer of the pond.

"...The respondents constructed both wastewater ponds on the property without applying for or receiving written authorization from the director.

"...The operation and use of the wastewater ponds was not authorized by DOH.

Because the above mentioned incidents created ..."a nuisance, an unsanitary condition, a wastewater spill, overflow or discharge onto the ground, harborage of vectors and foul or noxious odors,

"...Administrative penalty is justified by: a. the nature, circumstance, extent, gravity and history of \violations; b. the economic benefit to the violator, or anticipated by the violator, resulting from the violation; c. the opportunity, difficulty, and history of corrective action; d. the lack of or extent of good faith effort to comply; e. the degree of culpability; and f. such other matters as justice may require.

"...the respondents are, therefore, subject to the provisions of HRS, 322-2, 322-3, 322-8, 322-9, 342-0, 342D-11, 342D-30, 242.31 and HAR 11-62-42.

THE CURRENT PENALTY IS $600,000.00