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Public Notice: Proposed Settlement of Safe Drinking Water Act Administrative Penalty: State of Hawaiʻi, Department of Land and Natural Resources

How to Comment

Comments accepted through: 04/05/2021

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-09-2021-0029), 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 above), within 30 days of the date of this public notice. We encourage electronic submittals of comments in addition to any hard copy submissions, but if you are unable to submit electronically or need other assistance, please reach out to Mr. Armsey via email at r9hearingclerk@epa.gov or via telephone at (415) 972-3919.

If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please reach out to Mr. Armsey by email or telephone.

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
U.S. Environmental Protection Agency, Region 9
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105
(415) 972-3919
r9hearingclerk@epa.gov

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 Consent Agreement and [Proposed] Final Order 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.

Publish Date: 03/04/2021

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 the State of Hawaiʻi, Department of Land and Natural Resources to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.

In the Matter of State of Hawaiʻi, Department of Land and Natural Resources, Docket No. UIC-09-2021-0029

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 two hundred twenty-one thousand, six hundred seventy ($221,670) dollars and close seven (7) Large Capacity Cesspools (“LCCs”) by June 30, 2022. Payment of this penalty and closure of the LCCs will resolve EPA’s allegations that the Respondent violated 40 C.F.R. § 144.88 by owning and/or operating seven (7) LCCs after the ban on existing LCCs took effect on April 5, 2005.

Complainant: Amy C. Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105

Respondent: State of Hawaiʻi, Department of Land and Natural Resources

Facilities: Camp Hale Koa, Waimea, HI 96796 (Tax Map Key: 4-1-4-002-055); Waineke Cabins, Waimea, Hi 96796 (Tax Map Key: 4-1-4-004-027); and Kukui Street Commercial Property, Kapaʻa, HI 96746 (Tax Map Key: 4-4-5-009-008).

Description of Business or Activity Conducted by the Respondent: The Department of Land and Natural Resources is responsible for managing, administering, and exercising control over public lands, water resources, ocean waters, navigable streams, and coastal areas.

Alleged Violations: For purposes of this enforcement action only, EPA alleges that Respondent owns and/or operates seven (7) LCCs in violation of the ban that took effect on April 5, 2005 40 C.F.R. § 144.88.

Proposed Order and Penalty: $221,670

Applicant or Respondent

State of Hawaiʻi, Department of Land and Natural Resources
Honolulu, HI

Permit #: NPDES Permit No. HAR 11-55-24.2