Public Notice: Andrea Hartsough and Paul Hartsough, Kailua Kona, HI; Proposed Settlement of SDWA Underground Injection Control Administrative Penalty
Summary
In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act (SDWA or 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 Andrea Hartsough and Paul Hartsough (Respondents) to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.
In the Matter of Andrea Hartsough and Paul Hartsough, Docket No. UIC-09-2025-0052
Pursuant to 40 C.F.R. §§ 22.13(b) and 22.18(b)(2) - (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 close one (1) large-capacity cesspool by no later than May 1, 2026. The Proposed Consent Agreement also requires Respondents to pay to the United States a penalty of Fifty-One Thousand Seven Hundred Twenty-Three Dollars ($51,723). Closure of the large-capacity cesspool and payment of the penalty will resolve EPA’s allegation that Respondents violated 40 C.F.R. § 144.88 by operating one (1) large-capacity cesspool after the ban on existing large-capacity cesspools took effect on April 5, 2005, or any time afterwards.
Complainant: Amy C. Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105
Respondents: Andrea Hartsough and Paul Hartsough
Facilities: Hale Nanea Apartment Complex, located at 77-299 Kalani Way, Kailua Kona, HI 96740 (Tax Map Key: 3-7-7-015-087)
Description of Business or Activity Conducted by the Respondents: Property ownership and management.
Alleged Violations: EPA alleges that Respondents owned and/or operated one (1) large-capacity cesspool in violation of the ban that took effect on April 5, 2005. 40 C.F.R. § 144.84(b)(2) and 144.88.
Proposed Order and Penalty: $51,723
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 Proposed Consent Agreement 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.