EPA is providing notice of a proposed administrative penalty settlement with Kohala Coast Concrete and Precast, LLC (Respondent) for violations of the Clean Water Act (CWA) at its facility located in Kawaihae, Hawaii. EPA alleges the Respondent violated Section 301(a) of the CWA, 33 U.S.C. § 1311(a), by failing to obtain National Pollutant Discharge Elimination System (NPDES) permit authorization under Section 402 of the CWA, 33 U.S.C. § 1342, for discharges of industrial stormwater from its facility.
In accordance with Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g), and the Consolidated Rules of Practice at 40 C.F.R. Part 22, EPA and Respondent have entered into a Proposed Expedited Settlement Agreement (ESA) to simultaneously commence and conclude this CWA Class I civil administrative penalty proceeding. Under the Proposed ESA, Respondent will pay the United States a civil administrative penalty of $20,000 to resolve this matter.
In the Matter of Kohala Coast Concrete and Precast, LLC CWA-09-2021-0025
Complainant: Elizabeth Berg, Acting Assistant Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, California 94105.
Respondent: Kohala Coast Concrete and Precast, LLC., 61-3264 Maluokalani St., Kawaihae, Hawaii 96743
Description of Business or Activity Conducted by the Respondent: Respondent is engaged in concrete production which is a regulated industrial activity under the CWA.
Summary of Alleged Violations: The Respondent had failed to obtain CWA NPDES permit authorization for discharges of industrial stormwater from its facility.
Proposed Penalty: $20,000