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 Fileminders of Hawaii, LLC, and Hawaii MMGD LLC to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.
In the Matter of Fileminders of Hawaii, LLC, and Hawaii MMGD LCC, Docket No. UIC- 09-2017-0004
Pursuant to 40 C.F.R. § 22.13(b) and 22.18(b)(2) and (3), Complainant and Respondents entered into a Proposed Consent Agreement to simultaneously commence and conclude this SDWA civil administrative proceeding. The Proposed Consent Agreement requires Respondents to pay to the United States a penalty of one hundred and twenty-two thousand dollars ($122,000.00). Payment of this penalty will resolve EPA’s allegations that the Respondents 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 9, 75 Hawthorne Street, San Francisco, CA 94105
Respondents: Fileminders of Hawaii, LLC, 91-238 Kauhi Street, Kapolei, Hawaii 96707 and Hawaii MMGD LLC, 220 King Street, Ste. 2150, Honolulu, Hawaii 96813
Facility: Fileminders of Hawaii, Campbell Industrial Park, Oahu, Hawaii
Description of Business or Activity Conducted by the Respondent: Commercial
Alleged Violations: EPA alleges that Respondents 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: $122,000.
Date Filed with Regional Hearing Clerk: August 21, 2017
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 Proposed Final Order or participate in any hearing that may be held, may contact the Regional Hearing Clerk identified below. 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.