Proposed Consent Agreement and Final Order: Grant T. Kobayashi, Successor Trustee of the Chiyono Kobayashi Trust, Kealakekua, Hawai’i
Proposed Settlement of Safe Drinking Water Act Administrative Penalty in the matter of Grant T. Kobayashi, Successor Trustee of the Chiyono Kobayashi Trust.
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 Grant T. Kobayashi, Successor Trustee of the Chiyono Kobayashi Trust to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.
Complainant: Amy C. Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105
Respondent: Grant T. Kobayashi, Successor Trustee of the Chiyono Kobayashi Trust
Facilities: Club Rehab, located at 79-7422-B Mamalahoa Highway, Kealakekua, Hawai’i, 96750. Tax Map Key: 3-7-9-007-003.
Description of Business or Activity Conducted by the Respondents: The facility functions as a physical therapy office and gym.
Alleged Violations: EPA alleges that Respondent owned and/or operated one 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. Respondent closed the LCC at the property and filed a Backfilling Final Completion Report with the Hawai’i Department of Health (DOH) on August 14, 2024.
Proposed Order and Penalty: $2,000