Summary

Notice of Proposed Safe Drinking Water Act Underground Injection Control Program Administrative Order on Consent and Opportunity to Comment: In the Matter of the County of Hawai‘i

In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act (“Act”), 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 9 (“EPA”) and the County of Hawai‘i. The Proposed Consent Order requires the County of Hawai’i to correct certain alleged ongoing violations of the Act, as further described below. This notice invites the public to submit comments on the Proposed Consent Order.

The Proposed Consent Order requires Respondent to close seven (7) 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 that took effect on April 5, 2005. Section V of the Proposed Consent Order provides an enforceable schedule for the County of Hawai’i to come into compliance with the ban, including closure of the LCCs and proper treatment for the wastewater streams currently being sent to the LCCs.

Complainant

Kathleen H. Johnson, Director, Enforcement Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105

Respondent

Mayor Harry Kim, County of Hawai‘i, East Hawai‘i Building, 25 Aupuni Street Hilo, Hawai‘i 96720

Facilities

Pahala and Na’alehu communities of Hawai‘i

Alleged Violations

EPA alleges that, since April 5, 2005, Respondent owned and/or operated two (2) LCCs in violation of the LCC ban located in the community of Pahala. EPA further alleges that, since at least April 30, 2010, Respondent owned and/or operated five (5) additional LCCs in violation of the LCC ban located in the communities of Pahala and Naalehu. The continued operation of these LCCs is an ongoing violation of 40 C.F.R. § 144.88 and the SDWA. The seven (7) LCCs at issue are more specifically defined as follows:

• 2 large capacity cesspools serving approximately 109 private residences in the community of Pahala, Hawai‘i;
• 3 large capacity cesspools serving approximately 163 private residences in the community of Na’alehu, Hawai‘i; and
• 2 large capacity cesspools serving the Pahala Elderly Apartments.

Related Content: Hawaii Cesspools: Administrative Orders