SDWA-UIC-AOC-09-2017-0002: Closure of Cesspools in Pāhala and Nāʻālehu; Administrative Order on Consent with the County of Hawaii

• Summary
• 2024 Proposed Amended Administrative Order on Consent
• Correspondence: Final Revision to the 2017 Administrative Order on Consent
• Final Revision to the 2017 Administrative Order on Consent
• Correspondence
• Compliance Reports
• Administrative Order on Consent (2017)

Summary

The Safe Drinking Water ActSafe Drinking Water Act The main federal law that ensures the quality of Americans' drinking water. The SDWA sets the framework for the UIC Program to control the injection of fluids. EPA and states implement the UIC Program, which sets standards for safe injection practices and bans certain types of injection. (SDWA) requires closure of all large capacity cesspools (LCCs). In 2017, EPA announced an agreement with the County of Hawaii to close seven LCCs that serve the Pāhala and Nāʻālehu communities on the Island of Hawaii. The County will replace the cesspools with wastewater treatment systems approved by the Hawaii Department of Health. The Pāhala Community Large Capacity Cesspool Replacement Project is one of the projects covered by the agreement.

2024 Proposed Amended Administrative Order on Consent

• Proposed Amended Administrative Order on Consent: County of Hawai‘i Pāhala and Nā‘ālehu Large Capacity Cesspool Closure Projects (pdf) (333.32 KB, February 14, 2024)
  Proposed Amended Administrative Order on Consent in the matter of County of Hawai'i Pāhala and Nā‘ālehu Large Capacity Cesspool Closure Projects. EPA Docket No. SDWA-UIC-AOC-09-2017-0002.

Correspondence: Final Revision to the 2017 Administrative Order on Consent

• EPA's October 20, 2023 Response Letter to the County of Hawai‘i's Preliminary Engineering Report on Nā‘ālehu (pdf) (317.72 KB, October 20, 2023)
  EPA's October 20, 2023 letter approving the County to use the preliminary information provided in the Nā‘ālehu Preliminary Report for its Environmental Review.
• EPA's July 31, 2023 Response Letter and Attachment to the County of Hawaiʻi (pdf) (507.17 KB, July 31, 2023)
  EPA's July 31, 2023 response letter and attachment to the County of Hawaiʻi explaining that while EPA approves of the use of the preliminary information provided in the PER for the Environmental Review, EPA does not approve of the premature recommendation to pursue an individual wastewater system approach because the County must first fully consider the benefits, costs, public health risks, and burdens placed on the Pāhala community prior to identifying its preferred wastewater treatment option for replacement of the Pāhala LCCs.
• Approval of Feasibility Evaluation Report (pdf) (315.6 KB, November 17, 2022)
  EPA’s response letter approving the County’s October 18, 2022 Feasibility Evaluation Report, which details the County’s findings on whether the four alternative wastewater project options that are set forth in Paragraph 31.a. of the Consent Order could be feasible long-term wastewater treatment solutions to facilitate closure of the large capacity cesspools that serve the communities of Pāhala and Nā‘ālehu.

Final Revision to the 2017 Administrative Order on Consent

• AOC Cover Letter: Final Revised AOC for County of Hawai'i Pāhala and Nā‘ālehu LCC Closure Projects (pdf) (271.88 KB, August 22, 2022)
  EPA Cover Letter in the matter of the Revised Federal Administrative Order on Consent EPA in the matter of County of Hawai'i Pāhala and Nā‘ālehu Large Capacity Cesspool Closure Projects. Docket No. SDWA-UIC-AOC-09-2017-0002.
• Final Revised AOC: County of Hawai'i Pāhala and Nā‘ālehu LCC Closure Projects (pdf) (11.34 MB, August 22, 2022)
  Final Revised Federal Administrative Order on Consent in the matter of County of Hawai'i Pāhala and Nā‘ālehu Large Capacity Cesspool Closure Projects. EPA Docket No. SDWA-UIC-AOC-09-2017-0002.
• Response to Comments: Revised AOC for County of Hawai'i Pāhala and Nā‘ālehu LCC Closure Projects (pdf) (212.42 KB, August 22, 2022)
  EPA response to public comments in the matter of the Revised Federal Administrative Order on Consent for County of Hawai'i Pāhala and Nā‘ālehu Large Capacity Cesspool Closure Projects. EPA Docket No. SDWA-UIC-AOC-09-2017-0002.

Correspondence

• EPA Demand for Stipulated Penalties (pdf) (240.85 KB, November 4, 2021)
  EPA demand of payment of stipulated penalties from the County of Hawai‘i (the County) for its failure to comply with the June 2017 Federal Administrative Order on Consent between EPA and the County in relation to the County’s Pāhala and Nā‘ālehu Large Capacity Cesspool closure projects.
• Notice of Noncompliance (pdf) (305.55 KB, August 17, 2021)
  Notice of Noncompliance from EPA to County of Hawai‘i informing the County of its failure to comply with the June 2017 Federal Administrative Order on Consent between EPA and the County in relation to the County’s Pāhala and Nā‘ālehu Large Capacity Cesspool closure projects.
• Cover Letter: COHDEM to EPA re: Pahala WWTP Design (pdf) (603.11 KB, July 23, 2021)
  To meet the compliance provision deadline that is set forth in Paragraphs 29(f) of the June 2017 Federal Administrative Order on Consent between EPA and the County of Hawai‘i (the County), the County submitted its design/build package for the proposed Pāhala Wastewater Treatment Plant.
• Attachment A: COHDEM Letter to EPA re: Pahala WWTP Design (pdf) (896.5 KB, July 23, 2021)
  To meet the compliance provision deadline that is set forth in Paragraphs 29(f) of the June 2017 Federal Administrative Order on Consent between EPA and the County of Hawai‘i (the County), the County submitted its design/build package for the proposed Pāhala Wastewater Treatment Plant.
• Pāhala WWTP Design/Build Drawings (pdf) (6.96 MB, July 23, 2021)
  To meet the compliance provision deadline that is set forth in Paragraphs 29(f) of the June 2017 Federal Administrative Order on Consent between EPA and the County of Hawai‘i (the County), the County submitted its design/build package for the proposed Pāhala Wastewater Treatment Plant.
• EPA Response to the County of Hawaii’s Request for Extension of Compliance Dates in the Matter of the County of Hawaii; Docket No. SDWA-UIC-AOC-09-2017-002 (pdf) (274.29 KB, June 21, 2021)
  EPA’s response to the County of Hawaii's May 24, 2021 request to extend the compliance provision deadlines set forth in Paragraphs 29(c) and (f) of the June 2017 Federal Administrative Order on Consent between EPA and the County to acquire land for the proposed Pāhala Wastewater Treatment Facility and complete design of the proposed Pāhala WWTF.
• County of Hawaii Request for Extension of Compliance Dates in the Matter of the County of Hawaii; Docket No. SDWA-UIC-AOC-09-2017-002 (pdf) (146.26 KB, May 24, 2021)
  Letter from County of Hawaii detailing the causes of delay in meeting the compliance provision deadlines set forth in Paragraphs 29(c) and (f) of the June 2017 Federal Administrative Order on Consent Docket No. SDWA-UIC-AOC-09-2017-0002 between EPA and the County in relation to the Pāhala and Nã’ãlehu Large Capacity Cesspool closure projects.
• Approval to Extend the AOC Compliance Due Date to Acquire Land for the Pāhala Wastewater Treatment Facility (pdf) (234.65 KB, October 29, 2020)
  EPA’s response approving the County’s October 12, 2020 request to extend the compliance provision deadline to acquire land for the Pāhala Wastewater Treatment Facility that is listed in Paragraph 29 (c) of the June 2017 Federal Administrative Order on Consent between EPA and the County in relation to the Pāhala and Nã’ãlehu Large Capacity Cesspool closure projects.
• County of Hawaii Request for Extension of Compliance Date in the Matter of the County of Hawaii; Docket No. SDWA-UIC-AOC-09-2017-0002 (pdf) (914.08 KB, October 12, 2020)
  Letter from County of Hawaii detailing causes of delay in meeting compliance provision deadline to acquire land for the Pāhala Wastewater Treatment Facility that is listed in Paragraph 29 (c) of the June 2017 Federal Administrative Order on Consent between EPA and the County in relation to the Pāhala and Nã’ãlehu Large Capacity Cesspool closure projects.
• EPA Approval to Modify Remaining Nāʻālehu AOC Milestones (pdf) (238.14 KB, June 1, 2020)
  EPA’s response approving the County’s request to modify the remaining Nāʻālehu compliance milestone due dates that are listed in Paragraph 31 (c), and (e) through (j) in the June 2017 Federal Administrative Order on Consent between EPA and the County in relation to the Pãhala and Nã’ãlehu Large Capacity Cesspool closure projects.
• County of Hawaii Request for Extension of Compliance Date in the Matter of the County of Hawaii; Docket No. SDWA-UIC-AOC-09-2017-0002 (pdf) (280.56 KB, April 29, 2020)
  Letter from County of Hawaii detailing causes of County of Hawaii’s delay meeting the Nāʻālehu compliance milestone due dates that are listed in Paragraph 31 (c), and (e) through (j) in the June 2017 Federal Administrative Order on Consent between EPA and the County in relation to the Pãhala and Nã’ãlehu Large Capacity Cesspool closure projects.
• EPA Approval to Modify AOC Compliance Date to Complete Nã’ãlehu WWTP Environmental Assessment (pdf) (177.75 KB, September 26, 2019)
  EPA’s response approving the County’s September 13, 2019 request to modify the compliance provision deadline to complete the Environmental Assessment for the Naalehu Wastewater Treatment Facility that is listed in Paragraph 31 (e) of the June 2017 Federal Administrative Order on Consent between EPA and the County in relation to the Pãhala and Nã’ãlehu Large Capacity Cesspool closure projects.
• County of Hawaii Request for Extension of Compliance Date in the Matter of the County of Hawaii; Docket No. SDWA-UIC-AOC-09-2017-0002 (pdf) (159.43 KB, September 13, 2019)
  Letter from County of Hawaii detailing causes of County of Hawaii’s delay in meeting the compliance provision deadline to complete the Environmental Assessment for the Naalehu Wastewater Treatment Facility that is listed in Paragraph 31 (e) of the June 2017 Federal Administrative Order on Consent between EPA and the County in relation to the Pãhala and Nã’ãlehu Large Capacity Cesspool closure projects.
• EPA Approval to Modify Remaining Pahala Compliance Dates in the Matter of the County of Hawaii, Docket No. SDWA-UIC-AOC-09-2017-0002 (pdf) (275.97 KB, September 9, 2019)
  EPA’s response approving the County’s request to modify the remaining Pāhala compliance milestone due dates that are listed in Paragraph 29 (c), and (e) through (i) in the June 2017 Federal Administrative Order on Consent between EPA and the County in relation to the Pãhala and Nã’ãlehu Large Capacity Cesspool closure projects.
• County of Hawaii Request for Extension of Compliance Date in the Matter of the County of Hawaii; Docket No. SDWA-UIC-AOC-09-2017-0002 (pdf) (200.97 KB, August 26, 2019)
  Letter from County of Hawaii detailing causes of delay in meeting the Pāhala compliance milestone due dates that are listed in Paragraph 29 (c), and (e) through (i) in the June 2017 Federal Administrative Order on Consent between EPA and the County in relation to the Pãhala and Nã’ãlehu Large Capacity Cesspool closure projects.
• Approval to Modify the AOC Compliance Date for Pāhala Collection System Design (pdf) (195.44 KB, May 24, 2019)
  EPA’s response approving the County’s May 15, 2019 and May 22, 2019 requests to modify the compliance provision deadline to complete design of the new Pāhala wastewater collection system that is listed in Paragraph 29 (e) of the June 2017 Federal Administrative Order on Consent between EPA and the County in relation to the Pāhala and Nã’ãlehu Large Capacity Cesspool closure projects.
• County of Hawaii Supplemental Request for Extension of Compliance Date In the Matter of the County of Hawaii; Docket No. SDWA-UIC-AOC-09-2017-0002 (pdf) (98.24 KB, May 22, 2019)
  Letter from County of Hawaii detailing causes of delay in meeting compliance provision deadline to complete design of the new Pāhala wastewater collection system that is listed in Paragraph 29 (e) of the June 2017 Federal Administrative Order on Consent between EPA and the County in relation to the Pāhala and Nã’ãlehu Large Capacity Cesspool closure projects.
• County of Hawaii Request for Extension of Compliance Date in the Matter of the County of Hawaii; Docket No. SDWA-UIC-AOC-09-2017-0002 (pdf) (167.97 KB, May 15, 2019)
  Letter from County of Hawaii detailing causes of delay in meeting compliance provision deadline to complete design of the new Pāhala wastewater collection system that is listed in Paragraph 29 (e) of the June 2017 Federal Administrative Order on Consent between EPA and the County in relation to the Pāhala and Nã’ãlehu Large Capacity Cesspool closure projects.
• EPA Approval of Extension of Compliance Dates in the Matter of the County of Hawaii, Docket No. SDWA-UIC-AOC-09-2017-0002 (pdf) (123.3 KB, June 22, 2018)
  EPA’s response approving the County’s request to extend the land acquisition compliance provisions included in the AOC in relation to the County’s Pahala and Naalehu Large Capacity Cesspool closure projects.
• County of Hawaii Request for Extension of Compliance Dates in the Matter of the County of Hawaii, Docket No. SDWA-UIC-AOC-09-2017-0002 (pdf) (6.35 MB, June 14, 2018)
  The letter details the causes of the County of Hawaii’s delay in meeting the land acquisition compliance provisions included in the AOC in relation to the County’s Pahala and Naalehu Large Capacity Cesspool closure projects. Included with the letter are the revised Project Schedules for Attachments A and B of the AOC.

Compliance Reports

• Semi-Annual Compliance Report - Pāhala and Nā‘ālehu Large Capacity Cesspools (July 1 through December 31, 2023) (pdf) (861.2 KB, January 2024)
  Per the requirements of paragraph 62 of the Administrative Order on Consent In the Matter of County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002, the report details the County’s efforts towards compliance for the period of July 1, 2023, through December 31, 2023.
• Semi-Annual Compliance Report - Pāhala and Nā‘ālehu Large Capacity Cesspools (January 1, 2023 through June 30, 2023) (pdf) (244.17 KB, July 3, 2023)
  Per the requirements of paragraph 62 of the Administrative Order on Consent In the Matter of County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002, the report details the County’s efforts towards compliance for the period of January 1, 2023, through June 30, 2023.
• Semi-Annual Compliance Report - Pāhala and Nāʻālehu Large Capacity Cesspools (July 1 though December 31, 2022) (pdf) (210.77 KB, January 2023)
  Per the requirements of paragraph 55 of the Administrative Order on Consent In the Matter of County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002, the report details the County’s efforts towards compliance for the period of July 1, 2022, through December 31, 2022.
• Semi-Annual Compliance Report - Pāhala and Nāʻālehu Large Capacity Cesspools (January 1 though June 30, 2022) (pdf) (217.31 KB, July 2022)
  Per the requirements of paragraph 55 of the Administrative Order on Consent In the Matter of County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002, the report details the County’s efforts towards compliance for the period of January 1, 2022, through June 30, 2022.
• Semi-Annual Compliance Report - Pāhala and Nāʻālehu Large Capacity Cesspools (July 1, 2021 through December 31, 2021) (pdf) (185.73 KB, January 2022)
  Per the requirements of paragraph 55 of the Administrative Order on Consent In the Matter of County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002, the report details the County’s efforts towards compliance for the period of July 1, 2021 through December 31, 2021.
• Semi-Annual Compliance Report - Pāhala and Nāʻālehu Large Capacity Cesspools (January 1, 2021 through June 30, 2021) (pdf) (234.35 KB, July 2021)
  Per the requirements of paragraph 55 of the Administrative Order on Consent In the Matter of County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002, the report details the County’s efforts towards compliance for the period of January 1, 2021 through June 30, 2021.
• Semi-Annual Compliance Report - Pāhala and Nāʻālehu Large Capacity Cesspools (July 1, 2020 through December 31, 2020) (pdf) (248.29 KB, January 2021)
  Per the requirements of paragraph 55 of the Administrative Order on Consent In the Matter of County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002, the report details the County’s efforts towards compliance for the period of July 1, 2020 through December 31, 2020.
• Semi-Annual Compliance Report - Pāhala and Nāʻālehu Large Capacity Cesspools (January 1, 2020 through June 30, 2020) (pdf) (323.47 KB, July 2020)
  Per the requirements of paragraph 55 of the Administrative Order on Consent In the Matter of County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002, the report details the County’s efforts towards compliance for the period of January 1, 2020 through June 30, 2020.
• Semi-Annual Compliance Report - Pāhala and Nāʻālehu Large Capacity Cesspools (July 1, 2019 through December 31, 2019) (pdf) (218.45 KB, January 2020)
  Per the requirements of paragraph 55 of the Administrative Order on Consent In the Matter of County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002, the report details the County’s efforts towards compliance for the period of July 1, 2019 through December 31, 2019.
• Semi-Annual Compliance Report - Pāhala and Nāʻālehu Large Capacity Cesspools (January 1, 2019, through June 30, 2019) (pdf) (427.45 KB, July 2019)
  Per the requirements of paragraph 55 of the Administrative Order on Consent In the Matter of County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002, the report details the County’s efforts towards compliance for the period of January 1, 2019, through June 30, 2019.
• Semi-Annual Compliance Report - Pāhala and Nāʻālehu Large Capacity Cesspools - Pāhala and Nāʻālehu Large Capacity Cesspools (July 1, 2018, through December 31, 2018) (pdf) (228.42 KB, January 2019)
  Per the requirements of paragraph 55 of the Administrative Order on Consent In the Matter of County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002, the report details the County’s efforts towards compliance for the period of July 1, 2018, through December 31, 2018.
• Semi-Annual Compliance Report - Pāhala and Nāʻālehu Large Capacity Cesspools (January 1, 2018 Through June 30, 2018) (pdf) (1.18 MB, June 2018)
  Per the requirements of paragraph 55 of the Administrative Order on Consent In the Matter of County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002, the report details the County’s efforts towards compliance for the period of January 1, 2018 – June 30, 2018.
• Semi-Annual Compliance Report - Pāhala and Nāʻālehu Large Capacity Cesspools (July 1, 2017 Through December 31, 2017) (pdf) (1.04 MB, January 2018)
  Per the requirements of paragraph 55 of the Administrative Order on Consent In the Matter of County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002, the report details the County’s efforts towards compliance for the period of July 1, 2017 – December 30, 2017.
• Semi-Annual Compliance Report - Pāhala and Nāʻālehu Large Capacity Cesspools (January 1, 2017 Through June 30, 2017) (pdf) (311.13 KB, July 2017)
  Per the requirements of paragraph 55 of the Administrative Order on Consent In the Matter of County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002, the report details the County’s efforts towards compliance for the period of January 1, 2017– June 30, 2017.

Administrative Order on Consent (2017)

• EPA Cover Letter: Administrative Order on Consent in the Matter of County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002 (pdf) (113.79 KB, June 2017)
  EPA cover letter to the county of Hawaii accompanying the Federal Administrative Order on Consent: EPA Docket No. SDWA-UIC-AOC-09-2017-0002; Pahala and Naalehu Large Capacity Cesspools. Sent: June 22, 2017.
• Administrative Order on Consent in the Matter of County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002 (pdf) (235.07 KB, June 22, 2017)
  Federal Administrative Order on Consent, EPA Docket No. SDWA-UIC-AOC-09-2017-0002, in the Matter of County of Hawaii Pahala and Naalehu Large Capacity Cesspools. Signed: June 22, 2017.
• Attachment A: Pāhala Community Large Capacity Cesspool Replacement Project (pdf) (1.21 MB, April 21, 2017)
  Compliance Plan and Project Schedule for the Large Capacity Cesspool (LCC) Replacement Project for Pāhala , District of Ka‘ū, County of Hawai`i, Hawai`i.
• Attachment B: Nā‘ālehu Community LCC Replacement Project (pdf) (1.17 MB, April 21, 2017)
  Compliance Plan and Project Schedule for the Large Capacity Cesspool (LCC) Replacement Project Administrative Order on Consent (AOC) for Nā‘ālehu, District of Ka‘ū, County of Hawai`i, Hawai`i - April 21, 2017
• Attachment C: Pāhala Elderly Housing Apartments LCC Replacement Project (pdf) (3.56 MB, April 21, 2017)
  Compliance Plan and Project Schedule for the Large Capacity Cesspool (LCC) Replacement Project for the Pāhala Elderly Housing Apartments LCC Replacement Project, District of Ka‘ū, County of Hawai`i, Hawai`i - April 21, 2017
• EPA Response to Public Comments: County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002 (pdf) (202.58 KB, June 2017)
  EPA Response to Public Comments in the Matter of County of Hawaii, EPA Docket No. SDWA-UIC-AOC-09-2017-0002, Pahala and Naalehu Large Capacity Cesspools.