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 9 (“EPA”), and Maui Varieties Investments, Inc. to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.

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 one hundred and thirty-four thousand dollars ($134,000.00) and close four (4) large capacity cesspools (“LCCs”).  Two of the cesspools will be replaced with septic systems, and two of them will be closed by connecting to public or private sewer utilities. Payment of this penalty will resolve EPA’s allegations that the Respondent violated 40 C.F.R. § 144.88 by operating four (4) LCCs after the ban on existing LCCs took effect on April 5, 2005.

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

Respondent: Maui Varieties Investments, Inc., 28100 Paa Street, BLDG A, Honolulu, Hawaii 96819

Facilities: HouseMart Ace Hardware Naalehu store and other buildings located in Naalehu, Hawaii, HouseMart Ace Hardware Kamuela store located in Kamuela, Hawaii, and a commercial property that operates as a pet and farm animal feed and supplies located in Hilo, Hawaii.

Description of Business or Activity Conducted by the Respondent: Hardware Stores and Pet and Farm Supply Store.

Alleged Violations:  EPA alleges that Respondent owned and operated four large capacity cesspools 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: $134,000.

Date Filed with Regional Hearing Clerk: August 17, 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 above. 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.