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Public Notice: Proposed Settlement of SDWA Administrative Penalty and Opportunity to Comment - K. Oue, Limited

Publish Date: 02/05/2020


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 K. Oue, Limited to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.

In the Matter of K. Oue, Limited
Docket No. UIC-09-2020-0013

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 Eighty-Eight Thousand Five Hundred and Forty-Five dollars ($88,545) and properly close eleven (11) large capacity cesspools (“LCCs”) by April 1, 2021. Payment of this penalty will resolve EPA’s allegations that the Respondent violated 40 C.F.R. § 144.88 by owning and/or operating eleven (11) LCCs after the ban on existing LCCs took effect on April 5, 2005.

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

Respondent: K. Oue, Limited

Facilities: Tax Map Key 3-7-9-007-042, 79-7454 Hawaii Belt Rd., Kealakekua, HI 96750; Tax Map Key 3-7-9-010-004, 79-7585D Hawaii Belt Rd., Kealakekua, HI 96750; Tax Map Key (3)-7-9-010-089, 79-7583A Hawaii Belt Rd., Kealakekua, HI, 96750.

Description of Business or Activity Conducted by the Respondent: K. Oue, Limited owns and manages apartment rental units.

Alleged Violations: EPA alleges that Respondent owns and/or operates eleven (11) LCCs in violation of the ban that took effect on April 5, 2005 40 C.F.R. § 144.88.

Proposed Order and Penalty: $88,545

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.

Applicant or Respondent

K. Oue, Limited
P.O. Box 145
Kealakekua, HI 96750-0145