Summary

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 IX (“EPA”), and Aloha Petroleum, Ltd. to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.

In the Matter of Aloha Petroleum, Ltd., Docket No. UIC- 09-2016-0003 

Pursuant to 40 C.F.R. § 22.13(b) and 22.18(b)(2) and (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-seven thousand five hundred dollars ($57,500.00). Payment of this penalty will resolve EPA’s allegations that the Respondent violated 40 C.F.R. § 144.88 by operating one (1) LCC after the ban that went into effect on April 5, 2005.

Complainant

Kathleen H. Johnson, Director, Enforcement Division, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, CA 94105

Respondent

Richard Parry, President, Aloha Petroleum, Ltd., 1132 Bishop Street, Ste. 1700 Honolulu, Hawaii 96813

Facility

Aloha Island Mart, 81-6251 Mamalahoa Highway, Captain Cook, Hawaii, Tax Map Key (TMK) Number 3-8-1-009-013

Description of Business or Activity Conducted by the Respondent

The marketing, terminalling, and distribution of gasoline, diesel, biodiesel, ethanol, lubricants, and other petroleum and biofuel products, including alternative fuels, and convenience store retail operations and services.  

Alleged Violations

EPA alleges that Respondent owned 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

$57,500.

Date Filed with Regional Hearing Clerk

May 11, 2017