The company owns a 46-megawatt generation station at the Hamakua Sugar Mill. The plant allegedly exceeded nitrogen oxide emission limits between 2001 and 2003, and the facility´s carbon monoxide and opacity monitoring systems failed for excessive periods of time.

Hamakua Energy also allegedly failed to submit required quarterly reports to the U.S. Environmental Protection Agency. The company faces penalties of up to $27,500 per day for each violation that occurred before March 2004, and $32,500 per day for each subsequent violation.