An official website of the United States government.

Public Notice: Hawaii State Public Library System; Proposed Settlement of SDWA Administrative Penalty

How to Comment

Comments accepted through: 09/21/2020

Mailing, Address, Telephone Number, and Email of Regional Hearing Clerk
Steven Armsey, Regional Hearing Clerk
U.S. Environmental Protection Agency, Region 9
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105
(415) 972-3919
r9hearingclerk@epa.gov

Instructions for Submitting Comments: If you submit comments, please provide with those comments the following information: Your full name, mailing address, telephone number, email address, the Docket Number (UIC-09-2020-0057), and a concise statement of the basis for and relevant facts supporting any comments you submit.

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 place of or 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 finalizing the Proposed Consent Order. 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.

Consent Agreement and Final Order

Publish Date: 08/21/2020

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 Final Order (“Proposed Consent Agreement”), between the U.S. Environmental Protection Agency, Region 9 (“EPA”), and the Hawaii State Public Library System to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.

In the Matter of Hawaii State Public Library System, Docket No. UIC-09-2020-0057

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 one hundred and forty-three thousand nine hundred and ninety dollars ($143,990). Payment of this penalty will resolve EPA’s allegations that the Respondent violated 40 C.F.R. § 144.88 by owning and/or operating two (2) large-capacity cesspools (“LCC”) after the ban on existing LCCs took effect on April 5, 2005. The Proposed Consent Agreement requires that Respondent close the two identified LCCs within eighteen (18) months of the effective date of the agreement. Finally, the Proposed Consent Agreement requires that Respondent audit all properties it owns and/or operates to identify additional LCCs and close them.

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

Respondent: Hawaii State Public Library System

Facilities: Waialua Public Library at 67 Kealohanui Street, Waialua, HI 96791; Kealakekua Public Library at 81-6619 Mamalahoa Highway, Kealakekua, HI 96750

Description of Business or Activity Conducted by the Respondent: The libraries are open to the general public and provide a free source of literature to read, borrow, or refer to.

Alleged Violations: EPA alleges that Respondent owns and/or operates two (2) LCCs in violation of the ban that took effect on April 5, 2005 40 C.F.R. § 144.88.

Proposed Order and Penalty: $143,990

Date Filed with Regional Hearing Clerk: August 14, 2020

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 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

Hawaii State Public Library System
44 Merchant Street
Honolulu,, HI 96813