Summary

In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act (“SDWA”), 42 U.S.C. § 300h-2(c)(3)(B), notice is hereby given of a proposed agreement, set forth in a Proposed Administrative Order on Consent (“Proposed Consent Order”), between the U.S. Environmental Protection Agency Region IX (“EPA”) and the Kauai Housing Development Corporation. The Proposed Consent Order requires the Kauai Housing Development Corporation to correct certain alleged ongoing violations of the SDWA, as further described below. This notice invites the public to submit comments on the Proposed Consent Order.

In the Matter of the Kauai Housing Development Corporation, Docket No. SDWA-UIC-AOC-09-2020-0001

The Proposed Consent Order requires Respondent to close fifteen (15) large capacity cesspools (“LCCs”) that are currently being operated in violation of the ban codified at 40 C.F.R. § 144.88 on existing LCCs. Section V of the Proposed Consent Order provides an enforceable schedule for the Kauai Housing Development Corporation to come into compliance with the ban, including replacement of the LCCs with stated-approved individual wastewater systems.

Complainant

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

Respondent

Kauai Housing Development Corporation, 3-3194 Kuhio Highway, Lihue, HI 9672

Facility

Hale Kupuna Elderly Housing Complex

Alleged Violations

EPA alleges that, since April 5, 2005, Respondent owned and/or operated fifteen (15) LCCs in violation of the LCC ban, which required closure of all LCCs by April 5, 2005. The continued operation of these LCCs is an ongoing violation of 40 C.F.R. § 144.88 and the SDWA. The fifteen (15) LCCs at issue are more specifically defined as follows:

• 14 large capacity cesspools serving 28 low-income residences (Two 1-bedroom units each discharge sanitary wastewater to LCCs) in the Hale Kupuna Elderly Housing Complex; and
• 1 large capacity cesspool serving the recreation center in the Hale Kupuna Elderly Housing Complex.

For More Information

Persons wishing to comment upon the Proposed Administrative Order on Consent may contact the EPA Region IX Enforcement Officer for this matter at the address identified above. Please note that the federal regulations cited in the Proposed Consent Order 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 EPA Region IX Enforcement Division (address above) and the file will be open for public inspection during normal business hours.