DOH ISSUES NOTICE OF VIOLATION AND ORDER TO MATSUYAMA FOOD AND FUEL

HONOLULU — The Hawai‘i Department of Health (DOH) Underground Storage Tank (UST) Section has issued a notice of violation and order (NOVO) against MATS4 LLC, which operates Matsuyama Food and Fuel, located on the island of Hawai‘i, for UST violations.

A DOH inspector conducted an inspection on Sept. 11, 2024, and confirmed the installation and operation of two 20,000-gallon and one 15,000-gallon USTs. MATS4 LLC did not apply for or obtain a UST permit prior to installation or operation. Upon further evaluation of the facts, DOH’s UST Section issued a NOVO, which MATS4 received on April 14, 2025.

The UST systems were installed at Matsuyama Food and Fuel in December 2023, but proper notification and permitting requirements were not completed until October 2024. MATS4 LLC has been assessed a $35,000 penalty for the following UST violations:

1. Failure to obtain a UST permit from the department prior to installation and operation of the tank systems.
2. Failure to notify the department at least seven days prior to the installation of the tank systems.
3. Failure to notify the department within 30 days after the installation of the tank systems.

MATS4 LLC has 20 days from the date of receipt of the NOVO to submit a written request for a hearing, or the NOVO will become final and enforceable after the 20-day period.

Section 11-280.1-323(a), Hawai‘i Administrative Rules, states: “No person shall install or operate a UST or tank system without first obtaining a permit from the director.”

The DOH UST Section regulates underground storage tanks, which store petroleum or hazardous substances, by conducting operational compliance inspections after installation. Routine inspections determine whether a UST or tank system is being properly maintained to prevent releases of regulated substances into the environment.

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