Public Notice: Proposed Administrative Order on Consent; David Basque Trust, Kealakekua, HI
In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act (“SDWA”), 42 U.S.C. § 300h-2(c)(3)(B), notice is hereby given of a proposed agreement, set forth in a Proposed Administrative Order on Consent (“Proposed Consent Order”), between the U.S. Environmental Protection Agency Region IX (“EPA”) and the David Basque Trust. The Proposed Consent Order requires the David Basque Trust to correct certain alleged ongoing violations of the SDWA, as further described below. This notice invites the public to submit comments on the Proposed Consent Order.
In the Matter of David Basque Trust, Docket No. SDWA-UIC-AOC-09-2021-0001
The Proposed Consent Order requires Respondent to close five (5) Large Capacity Cesspools (“LCCs”) that are currently being operated in violation of the ban codified at 40 C.F.R. § 144.88 on existing LCCs. Section V of the Proposed Consent Order provides an enforceable schedule for the David Basque Trust to come into compliance with the ban, including replacement of the LCCs with state approved individual wastewater systems.
Complainant: Amy C. Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, CA 94105
Respondent: David Basque Trust, P.O. Box 135 Kealakekua, HI 96750 0135
Facilities: Tax Map Keys: 3-8-1-003-061 and 3-8-1-019-047
Alleged Violations: EPA alleges that, since April 5, 2005, Respondent owned and/or operated five (5) LCCs in violation of the LCC ban, which required closure of all LCCs by April 5, 2005. The continued operation of these LCCs is an ongoing violation of 40 C.F.R. § 144.88 and the SDWA.
The five (5) LCCs at issue are more specifically defined as follows:
- One (1) LCC serving a multi-unit commercial warehouse; and
- Four (4) LCCs serving an 8-unit apartment building.
For More Information
Persons wishing to comment upon the proposed Administrative Order on Consent (pdf) may contact the EPA Region IX Enforcement Officer for this matter at the address identified above. Please note that the federal regulations cited in the Proposed Consent Order 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 EPA Region IX Enforcement Division (address above) and the file will be open for public inspection during normal business hours.
Applicants or RespondentsDavid Basque Trust
P.O. Box 135
Kealakekua, HI 96750-0135