Public Notice: Grove Farm Company, Incorporated, Lihue, Kauai, 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 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.