Public Notice: Bendor, LLC, Koloa, HI; Proposed Settlement of Safe Drinking Water Act 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 Bendor, LLC to resolve the following civil administrative proceeding.
In the Matter of Bendor, LLC, Docket No. SDWA-09-2026-0009
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 three (3) large-capacity cesspools and pay to the United States a penalty of Twenty-One Thousand Dollars ($21,000). Payment of the penalty and closure of the three large-capacity cesspools by no later than December 31, 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 cesspools 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: Bendor, LLC
Facilities:
- The Bendor Commercial and Residential Village located at 5488 Koloa Road, Koloa, HI (Tax Map Key: 4-2-8-008-007)
Description of Business or Activity Conducted by the Respondent: Property Management
Alleged Violations: EPA alleges that Respondent owned and/or operated three (3) large-capacity cesspools 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: $21,000
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 settlement 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.