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Public Notice: Hawaii Country Club, LLC; Proposed Settlement of Safe Drinking Water Act Administrative Penalty and Opportunity to Comment

Publish Date: 07/26/2018


In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act (“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 Hawaii Country Club, LLC (Respondent) to resolve the following civil administrative proceeding under Section 1423(c)(3)(B) of the Act.

In the Matter of Hawaii Country Club, LLC

Docket No. UIC-09-2018-0007

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 forty thousand dollars ($40,000.00) and close one (1) large capacity cesspool (“LCC”). Payment of this penalty will resolve EPA’s allegations that the Respondent violated 40 C.F.R. § 144.88 by operating one LCC after the ban on existing LCCs that took effect on April 5, 2005.

Complainant: Kathleen H. Johnson, Director, Enforcement Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105
Respondent: Guy Fong, Owner, Hawaii Country Club, LLC, P.O. Box 505, Brisbane, CA 94005
Facility: Hawaii Country Club, 94-1211 Kunia Road, Wahiawa, Hawaii, 96786
Description of Business or Activity Conducted by the Respondent: Public golf course and restaurant
Alleged Violations: EPA alleges that Respondent owned and/or operated one large capacity cesspool in violation of the large capacity cesspool ban that took effect on April 5, 2005. 40 C.F.R. § 144.88.
Proposed Order and Penalty: $40,000

Applicant or Respondent

Hawaii Country Club
94-1211 Kunia Road
Wahiawa, HI 96786