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