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Public Notice: County of Hawaii; Kainaliu Parking Lot Comfort Station in Kealakekua; Proposed Settlement of Safe Drinking Water Act Administrative Penalty and Opportunity to Comment

How to Comment

Comments accepted through: 02/03/2020

Please provide the following information along with your comments and submit them in accordance with Part 22: Your full name, mailing address, telephone number, email address, the Docket Number (UIC-09-2019-0057), and a concise statement of the basis for and relevant facts supporting any comment for the case to which you are commenting.

Persons wishing to comment on this case, including comments on the amount or basis of the proposed penalty, are invited to submit a statement to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address below), within 30 days of the date of this public notice.

All comments received within this 30-day period will be considered prior to the issuance of the final order. See 40 C.F.R. § 22.45(b). If the 30th day of the comment period falls on a Saturday, Sunday or federal holiday, the deadline shall be extended to the next business day. See 40 C.F.R. § 22.7(a).

Name, Mailing Address, Telephone Number, and Email of Regional Hearing Clerk:
Steven Armsey, Regional Hearing Clerk
U.S. Environmental Protection Agency, Region 9
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105
(415) 972-3919
r9hearingclerk@epa.go

Consent Agreement and Proposed Final Order

Publish Date: 01/03/2020

Summary

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.