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UIC-09-2025-0052: Andrea Hartsough and Paul Hartsough, Kailua Kona, HI; Proposed Settlement of SDWA Underground Injection Control Administrative Penalty

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Hawai'i Cesspool Administrative Orders

  • Andrea Hartsough and Paul Hartsough, Kailua Kona, HI; Proposed Settlement of SDWA Underground Injection Control Administrative Penalty

    Public notice of Consent Agreement and proposed Final Order between EPA Region 9 and McKittrick Limited to resolve an administrative proceeding under Section 1423(c)(3)(B) of the SDWA, 42 U.S.C. § 300h-2(c)(3)(B). DOCKET NO. UIC-09-2025-0055.

    • Comments Due Date: June 10, 2025
    • Geographic Locations: Southwest, Hawaii

Proposed settlement, recorded in a Consent Agreement and Proposed Final Order (Proposed Consent Agreement), between EPA Region 9 (EPA) and Andrea Hartsough and Paul Hartsough (Respondents) to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Safe Drinking Water Act (SDWA).

Pursuant to 40 C.F.R. §§ 22.13(b) and 22.18(b)(2) - (3), Complainant and Respondents entered into a Proposed Consent Agreement to simultaneously commence and conclude this SDWA civil administrative proceeding. The Proposed Consent Agreement requires Respondents to close one (1) large-capacity cesspool by no later than May 1, 2026. The Proposed Consent Agreement also requires Respondents to pay to the United States a penalty of Fifty-One Thousand Seven Hundred Twenty-Three Dollars ($51,723). Closure of the large-capacity cesspool and payment of the penalty will resolve EPA’s allegation that Respondents violated 40 C.F.R. § 144.88 by operating one (1) large-capacity cesspool after the ban on existing large-capacity cesspools took effect on April 5, 2005, or any time afterwards.

Complainant: Amy C. Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105

Respondents: Andrea Hartsough and Paul Hartsough

Facilities: Hale Nanea Apartment Complex, located at 77-299 Kalani Way, Kailua Kona, HI 96740 (Tax Map Key: 3-7-7-015-087)

Description of Business or Activity Conducted by the Respondents: Property ownership and management.

Alleged Violations: EPA alleges that Respondents 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: $51,723

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  • Consent Agreement and Proposed Final Order: Andrea Hartsough and Paul Hartsough, Kailua Kona, HI (pdf) (264.4 KB, April 28, 2025)
    Proposed settlement, recorded in a Consent Agreement and Proposed Final Order (Proposed Consent Agreement), between EPA Region 9 (EPA) and Andrea Hartsough and Paul Hartsough (Respondents) to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Safe Drinking Water Act (SDWA).

Underground Injection Control (UIC)

  • Class I Industrial and Municipal Waste Disposal Wells
  • Class II Oil and Gas Related Injection Wells
  • Class III Injection Wells for Solution Mining
  • Class IV Shallow Hazardous and Radioactive Injection Wells
  • Class V Wells for Injection of Non-Hazardous Fluids into or Above Underground Sources of Drinking Water
  • Class VI Wells Used for Geologic Sequestration of CO2
Contact Us About Underground Injection Control
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Last updated on April 30, 2025
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