An official website of the United States government.

We've made some changes to EPA.gov. If the information you are looking for is not here, you may be able to find it on the EPA Web Archive or the January 19, 2017 Web Snapshot.

Public Notice: Kamuela Management LLC; Proposed Settlement of Safe Drinking Water Act Administrative Penalty and Opportunity to Comment

Publish Date: 08/09/2019

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 Kamuela Management LLC to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.

In the Matter of Kamuela Management LLC, Docket No. UIC-09-2019-0057

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 pay to the United States a penalty of thirty thousand dollars ($30,000). Payment of this penalty will resolve EPA’s allegations that the Respondent violated 40 C.F.R. § 144.88 by owning and/or operating one (1) large-capacity cesspool (“LCC”) after the ban on existing LCCs took effect on April 5, 2005.

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

Respondent: Kamuela Management LLC

Facility: Commercial property at 79-7393 Hawaii Belt Road, Kealakekua, HI 96750

Description of Business or Activity Conducted by the Respondent: The facility hosts several commercial facilities, such as a massage studio, art retail store, and watchmaker retail store. In addition, four residents rent apartments in the building.

Alleged Violations: EPA alleges that Respondent owns and/or operates one (1) LCC in violation of the ban that took effect on April 5, 2005 40 C.F.R. § 144.88.

Proposed Order and Penalty: $30,000

Date Filed with Regional Hearing Clerk: August 9, 2019

Applicant or Respondent

Kamuela Management LLC
79-7393 Hawaii Belt Road
Kealakekua, HI 96750