Public Notice: Proposed Settlement of Safe Drinking Water Act Administrative Penalty in the Matter of the State of Hawai’i Department of Hawaiian Home Lands
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 the State of Hawai’i, Department of Hawaiian Home Lands to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.
In the Matter of the State of Hawai’i, Department of Hawaiian Home Lands, Docket No. UIC-09-2026-0055
Pursuant to 40 C.F.R. §§ 22.13(b) and 22.18(b)(2) - (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 close one (1) large-capacity cesspool and pay to the United States a penalty of Fifty Thousand, Two Hundred and Seventeen dollars ($50,217). In addition, the Proposed Consent Agreement also includes a provision for the Respondent to perform a Compliance Audit of all its non-homestead landholdings in the State of Hawai’i to identify and close all identified large-capacity cesspools on those properties. Payment of the penalty, conducting the compliance audit, and closure of the large-capacity cesspool located at the Mo’omomi Recreational and Cultural Park on the Island of Molokai by no later than September 30, 2026, will resolve EPA’s allegations that the Respondent violated 40 C.F.R. § 144.84(b)(2) and 144.88 by owning and operating the large-capacity cesspool after the ban on existing large-capacity cesspools took effect on April 5, 2005.
Complainant: Amy C. Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105
Respondent: State of Hawai’i, Department of Hawaiian Home Lands
Facility: Respondent owns one large-capacity cesspool that currently serves the Mo'omomi Recreational and Cultural Park on the Island of Molokai (Tax Map Key: 2-5-2-005-006).
Description of Business or Activity Conducted by the Respondent: The primary responsibilities of the Department of Hawaiian Home Lands is to serve its Native Hawaiian beneficiaries and manage its extensive land trust that consists of over 200,000 acres of residential, agricultural, and non-residential lands on the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai.
Alleged Violation: EPA alleges that Respondent 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: Consent Agreement and Final Order - $50,217
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.
Applicants or Respondents
State of Hawai’i Department of Hawaiian Home Lands91-5420 Kapolei Parkway
Kapolei, HI 96707
United States