Public Notice: Proposed Settlement of SDWA Underground Injection Control Administrative Penalty; State of Hawaii Department of Agriculture and Biosecurity, Waimanalo, Oahu
Summary
Notice of Proposed Settlement of Safe Drinking Water Act Administrative Penalty and Opportunity to Comment In the Matter of State of Hawaii Department of Agriculture and Biosecurity. EPA Docket No. SDWA-09-2026-0023.
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 Hawaii, Department of Agriculture and Biosecurity to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.
In the Matter of State of Hawaii Department of Agriculture and Biosecurity, Docket No. SDWA-09-2026-0023
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, pay to the United States a penalty of ONE HUNDRED AND FIFTY-ONE THOUSAND, ONE HUNDRED AND THIRTY-TWO DOLLARS ($151,132), and perform a compliance audit of all its properties to identify and close all remaining large-capacity cesspools. Payment of the penalty, completion of the compliance audit, and closure of the large-capacity cesspool within 120 days of the Hawaii Department of Health’s issuance of design plan approval permits 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 Hawaii, Department of Agriculture and Biosecurity
Facilities: A non-agricultural park land property, located at 41-1800 Kalanianaole Highway, Waimanalo, HI 96795 (Tax Map Keys: 1-4-1-008-054 and 1-4-1-008-059)
Description of Business or Activity Conducted by the Respondents: The mission of the State of Hawaii, Department of Agriculture and Biosecurity is to support, enhance, promote, and protect Hawaii’s agriculture and aquaculture industries.
Alleged Violations: 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: $151,132