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Public Notice: Grove Farm Company, Incorporated, Lihue, Kauai, HI; Proposed Settlement of SDWA Underground Injection Control Administrative Penalty

Grove Farm Company, Incorporated, Lihue, Kauai, HI; Proposed Settlement of SDWA Underground Injection Control Administrative Penalty
How to Comment
Comments Due
July 9, 2025

Comments must be submitted within 40 days of the date of this notice. In accordance with Part 22, comments should include your full name, mailing address, telephone number, email address, and the Docket Number (UIC-09-2024-0064). Electronic comments are encouraged.

Submit comments to:
Ponly Tu
Regional Hearing Clerk
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street (ORC-3-4)
San Francisco, CA 94105
(415) 972-3153
r9hearingclerk@epa.gov 

If you need other assistance, including assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation, please reach out to Regional Hearing Clerk via email or via telephone at (415) 972-3153.

All comments received within this 40-day period will be considered prior to the issuance of the final order. See 40 C.F.R. § 22.45(b). If the 40th day of the comment period falls on a Saturday, Sunday or federal holiday, the deadline shall be extended to the next business day. See 40 C.F.R. § 22.7(a).

Publish Date
May 30, 2025

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 Grove Farm Company, Incorporated, to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.

In the Matter of Grove Farm Company, Incorporated, Docket No. UIC-09-2024-0064

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 seven large-capacity cesspools, pay to the United States a civil penalty of Fifty-Eight Thousand Seven Hundred Sixteen Dollars ($58,716), perform a Compliance Audit of all its landholdings in the State of Hawaii to identify and close all identified large-capacity cesspools, and implement a Supplemental Environmental Project (SEP) to close six residential small-capacity cesspools and connect the six residences to sewer. Closure the seven (7) large-capacity cesspools, payment of the civil penalty, and completion of the Compliance Audit and SEP 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: Grove Farm Company, Incorporated

Facilities:

  • Respondent owns one large-capacity cesspool that serves the Puhi Building, located at 3-1866 Kaumualii Highway, Lihue, HI 96766 (TMK: 4-3-3-011-006).
  • Respondent owns two large-capacity cesspools that serve Kauai Motorsports, located at 3-1878 Kaumualii Highway, Lihue, HI 96766 (TMK: 4-3-3-011-007).
  • Respondent owns four large-capacity cesspools that serve the Hanamaulu Shops, located at 3-4051 Kuhio Highway, Lihue, HI 96766 (TMK: 4-3-8-018-001).

Description of Business or Activity Conducted by the Respondents: Asset Management

Alleged Violations: EPA alleges that Respondent owned and/or operated seven 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: Consent Agreement and Final Order - $58,716

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

Grove Farm Company, Incorporated

Docket Numbers

  • UIC-09-2024-0064

Related Documents

  • Consent Agreement and Proposed Final Order: Grove Farm Company, Incorporated, Lihue, HI (pdf) (267.06 KB, May 26, 2025)
    Consent Agreement and Proposed Final Order (CA/FO) between the U.S. Environmental Protection Agency, Region 9, and Grove Farm Company, Incorporated, to resolve a civil administrative proceeding under Sections 1423(c)(3)(B) of the Safe Drinking Water Act (SDWA).

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Last updated on May 30, 2025
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