Ken’s Towing disputes DOH fines

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A Hilo towing and used auto parts company is contesting a citation and fine from the state Department of Health.

A Hilo towing and used auto parts company is contesting a citation and fine from the state Department of Health.

The DOH said Monday in a written statement it’s fining Ken’s Towing Service Inc. $7,500 for allegedly operating a vehicle salvage facility without a permit and obstructing a DOH inspection. The violations allegedly occurred at Ken’s tow yard at 55 Kukila St., the department said.

“They’ve requested a hearing,” said Steven Chang of the department’s Solid and Hazardous Waste Branch.

According to the DOH, Ken’s solid waste management permit expired in February 2012. A DOH inspection of the premises on Mar. 13, 2013, found about 40 junk vehicles, at least five cubic yards of scrap metal, at least 100 scrap tires, and about three pallets of shrink-wrapped lead acid batteries, the department said.

On Oct. 20, 2014, DOH attempted to inspect the facility and was denied entry, the agency added.

The DOH also ordered Ken’s to remove all solid waste from the facility and close the unpermitted salvage operation.

Todd Nichols, an inspector for the Solid and Hazardous Waste Branch said when Ken’s was inspected in 2012, “they had an indoor, covered, processing area, but it was a mix of paved and unpaved (ground) surfaces.”

Chang said that in the auto salvage business, “there’s a possibility of the release of fuel or other contaminants into the ground.”

“And if it’s not on a concrete surface, the potential to contaminate the ground is increased,” he noted.

The company submitted a permit application in June 2013, but the permit wasn’t issued.

“The facility is not permitted,” Chang said. “They did try to obtain a permit but they were not able to complete the permitting process because one of the requirements we have is … the owner of the property needs to say they’re in agreement in the use of the property for that use. … They did not get the sign-off from the landowner for that business practice.”

The tow yard is on Department of Hawaiian Homes land leased by Kenneth L. Antonio Sr., the company’s president. Antonio confirmed Monday he has requested a hearing to contest the allegations.

“They asked me to enter my facility, and I told them to go get a warrant to come back,” Antonio said about the Oct. 20, 2014, incident. “So I didn’t deny them entrance. That’s false.

“You know, the police, when they want to enter your facility, your house or your private property, they go get a warrant. … So I told them to go get a warrant.”

Antonio confirmed he has applied to DOH for the permit.

“I’m just waiting for some paperwork from Hawaiian Homes to give me the OK to do what I’m doing, but the scrap metal part of my operations is no longer. I’m not doing scrap metal anymore. I’m just selling used car parts.”

Although Ken’s Towing Service Inc. is a corporation, Antonio is the sole shareholder. In addition to Antonio, his daughter, Cynthia Honma, who works for the company, and her husband, Clayton Honma, the county’s Parks and Recreation director, are listed on the state Department of Commerce and Consumer Affairs website as directors. Cynthia Honma is also listed as vice president and treasurer, and Clayton Honma as secretary.

Both Antonio and Clayton Honma said the latter has no ownership interest in the company.

Email John Burnett at jburnett@hawaiitribune-herald.com.