The state Department of Transportation has agreed to pay $52 million in one of the nation's largest stormwater violation settlements.

As part of a consent decree with the U.S. Environmental Protection Agency and the state Department of Health, the transportation agency will pay a $1 million fine, another $1 million for a program to assess its environmental responsibilities and $50 million over five years to resolve violations of the federal Clean Water Act at highways and airports.

The DOT also pledged to include clean water and the environment in the earliest stages of planning for new highways, harbors and airports, and as key factors in maintenance of its facilities.

The agreement is key because stormwater runoff is a significant environmental concern, said Henry Curtis, executive director of the environmental group Life of the Land.

"I really think it is critical that we deal with runoff," Curtis said. "It is a major, major source of contamination."

Specific violations that led to the settlement include a wide array of facilities and construction projects such as oily water running into airport drains and into nearshore waters on O'ahu, Maui and Kaua'i; sediment-laden runoff from Department of Transportation roadway construction sites on O'ahu and Kaua'i; and runoff from the construction of the department's own baseyard and office complex in Lihu'e.

But there are many other areas in which DOT facilities have been responsible for pollution of the state's reefs, said Wayne Nastri, administrator of the EPA's Pacific-Southwest Region, who announced the settlement yesterday.

"Inspectors from EPA and the Hawai'i Department of Health found that (the DOT) was significantly behind other state and local governments in meeting national and state stormwater requirements," the EPA said.

The agency launched its probe into Hawai'i transportation facilities in 1999.

DOT director Rod Haraga said his agency has been working with the EPA for 2 1/2 years to resolve the issues and make changes to prevent their recurrence.

"Our administration agrees with the EPA that the environmental violations that took place between 1999 and 2002, prior to our coming into office, are unacceptable," Haraga said.

The $1 million fine in the Hawai'i consent decree is exceeded nationally only by last year's $3.1 million Wal-Mart settlement to control stormwater flow from the retailer's stores nationwide, said John Kemmerer, associate director of the water division for the EPA's Region 9.

The consent decree will be final after a 30-day public comment period and approval by a federal judge. The $1 million fine will be split, with $600,000 to the EPA and $400,000 to the Health Department, which enforces many federal environmental laws.

STRAIGHT TO OCEAN

One key feature of stormwater systems in the Islands — and a reason they have such a significant impact on reefs and other coastal ecosystems — is that most storm drains lead directly to streams or dump right into the ocean. There is seldom any filtration system or intermediate holding pond. It's the same reason Honolulu municipal officials urge homeowners to avoid overuse of chemicals on lawns and dumping of hazardous liquids into roadside drains.

Kemmerer and Nastri cited multiple violations in which they said DOT facilities have led to pollution of Hawai'i coastlines. They include oily water from airport runways and, for example, from the washing of vehicles at car rental lots at airports. Many roads are lined with inadequately vegetated slopes that dump sediment into the drains with every rain. Even unswept roads can pour muddy water onto reefs during rains.

Kemmerer said the state has agreed to stabilize earthen slopes in 10 chronic problem areas on the H-2 Freeway, Kunia Road and Kamehameha Highway, and that expanded street sweeping on 60 miles of road a week are producing enough dirt and debris to fill 10 heavy pickup truck beds each week.

"Stormwater discharges pollute Hawai'i's streams, coastal waters and coral reefs. By agreeing to make long-lasting changes to its operations under this settlement, (the Department of Transportation) will reduce its impacts upon the environment at roads, airports and harbors. We believe these actions will result in increased protection of coral reefs and improved water quality for the people of Hawai'i," Nastri said.

DOT spokesman Scott Ishikawa said the department has completed some of the programs called for in the consent decree, and is proceeding on others. One example is that the Airports Division is ordering several oil-water separators for airport runway aprons, so that oily materials can be diverted before they reach the sea.

Haraga said the department has launched a four-year contract, costing $6.3 million annually, for a consultant to develop and oversee a departmentwide environmental contract.

Reach Jan TenBruggencate at jant@honoluluadvertiser.com.