In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act (“SDWA” or “Act”), 42 U.S.C. § 300h-2(c)(3)(B), and the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits” (“Consolidated Rules”) at 40 C.F.R. Part 22, notice is hereby given of a proposed settlement, recorded in a Consent Agreement and Proposed Final Order (“Proposed Consent Agreement”), between the U.S. Environmental Protection Agency, Region 9 (“EPA”), and County of Hawaii to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.
In the Matter of County of Hawaii, Docket No. UIC-09-2020-0001
Pursuant to 40 C.F.R. §§ 22.13(b) and 22.18(b)(2) - (3), Complainant and Respondent entered into a Proposed Consent Agreement to simultaneously commence and conclude this SDWA civil administrative proceeding. The Proposed Consent Agreement requires Respondent to pay to the United States a penalty of one hundred and thirty-three thousand dollars ($133,000). Payment of this penalty will resolve EPA’s allegations that the Respondent violated 40 C.F.R. § 144.88 by owning and/or operating one (1) large-capacity cesspool (“LCC”) after the ban on existing LCCs took effect on April 5, 2005.
Complainant: Amy C. Miller, Acting Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105
Respondent: County of Hawaii
Facility: Kainaliu Parking Lot Comfort Station at 79-7393A Hawaii Belt Road, Kealakekua, HI 96750
Description of Business or Activity Conducted by the Respondent: The parking lot is open to the general public and is the primary restroom for numerous nearby businesses.
Alleged Violations: EPA alleges that Respondent owns and/or operates one (1) LCC in violation of the ban that took effect on April 5, 2005 40 C.F.R. § 144.88.
Proposed Order and Penalty: $133,000
Date Filed with Regional Hearing Clerk: January 2, 2020
For More Information
Persons wishing to receive a copy of the Consolidated Rules, review the documents filed by the parties in this proceeding, comment upon the [insert link to PDF of the CA/FO] or participate in any hearing that may be held, may contact the Regional Hearing Clerk identified above. Please note that the federal regulations are available online at the Code of Federal Regulations (CFR) website. Unless otherwise noted, the public record for the proceeding is located at the office of the Regional Hearing Clerk (address above) and the file will be open for public inspection during normal business hours.