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