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 Kauai Beach Resort Association to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.

In the Matter of Kauai Beach Resort Association, Docket No. UIC-09-2020-0030

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 fifty-five thousand one hundred and eighty-two dollars ($55,182) and close the Large Capacity Cesspool (“LCC”) by January 31, 2021. Payment of this penalty and closure of the LCC will resolve EPA’s allegations that the Respondent violated 40 C.F.R. § 144.88 by owning and/or operating one (1) LCC 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

Kauai Beach Resort Association

Facility

Nukoli’i Beach Park Comfort Station, located on Kauai Beach Road, Lihue, HI 96766 (Tax Map Key:4-3-7-003-017)

Description of Business or Activity Conducted by the Respondent

Hotel Resort Management

Alleged Violations

EPA alleges that Respondent owns and/or operates one (1) LCC in violation of the ban that took effect on April 5, 2005 40 C.F.R. § 144.88.

Proposed Order and Penalty

$55,182