Pacific Southwest, Region 9
Serving: Arizona, California, Hawaii, Nevada, Pacific Islands, Tribal Nations
Notice of Proposed Safe Drinking Water Act Complaint for Administrative Penalties and Opportunity to Comment: In the matter of Aloha Petroleum, Ltd.
Publication Date: August 4, 2016
Public Comment Closes: September 3, 2016
U.S. Environmental Protection Agency, Region 9 (“EPA”) is authorized under Sections 1423(c) and 1445(a) of the Safe Drinking Water Act (the “Act”), 42 U.S.C. Parts 300h-2(c), 300j-4(a), to issue an order and assess administrative penalties against any person who fails to comply with the requirements of regulations enacted in accordance with Section 1422(c) of the Act, 42 U.S.C. Part 300h-1(c). This action under Section 1423(c) is conducted in accordance with the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits” (“Consolidated Rules”), set forth at 40 C.F.R. Part 22.
In accordance with Section 1423(c)(3)(B) of the Act, 42 U.S.C. § 300h-2(c)(3)(B), and 40 C.F.R. § 22.45(b), EPA is hereby providing public notice of, and opportunity to comment on, this administrative complaint for penalties, and opportunity to comment, in the following matter:
In the Matter of Aloha Petroleum, Ltd., Docket No. UIC-09-2016-0003
Complainant: Kathleen H. Johnson, Division Director, Enforcement Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105
Respondent: Richard Parry, President, Aloha Petroleum, Ltd. Corporate Office, 1132 Bishop Street, Suite 1700, Honolulu HI 96813-2820
Facilities: Aloha Island Mart Captain Cook, 81-6251 Mamalahoa Highway, Captain Cook, Hawaii 96704 (Tax Map Key: 3-8-1-009-013)
Description of Business or Activity Conducted by the Respondent: Convenience Store and Gas Station.
Alleged Violations: EPA alleges the Respondent owned or operated one large capacity cesspool in violation of the large capacity cesspool ban that took effect on April 5, 2000. 40 C.F.R. § 144.88.
Proposed Order and Penalty: $187, 500.00
Date Filed with Regional Hearing Clerk: August 03, 2016
Name, Mailing Address, Telephone Number, and Email of Regional Hearing Clerk:
Steven Armsey, Regional Hearing Clerk
U.S. Environmental Protection Agency, Region 9
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105
(415) 972-3919
(r9hearingclerk@epa.gov)
Instructions for Submitting Comments
Please provide the following information along with your comments and submit them in accordance with Part 22: Your full name, mailing address, telephone number, email address, the Docket Number (UIC-09-2016-0003), and a concise statement of the basis for and relevant facts supporting any comment for the case to which you are commenting.
Persons wishing to comment on this case, including comments on the amount or basis of the proposed penalty, are invited to submit a statement to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address above), within 30 days of the date of this public notice.
All comments received within this 30-day period will be considered prior to the issuance of the final order. See 40 C.F.R. § 22.45(b). If the 30th day of the comment period falls on a Saturday, Sunday or federal holiday, the deadline shall be extended to the next business day. See 40 C.F.R. § 22.7(a).
For More Information
Persons wishing to receive a copy of the Consolidated Rules, review the documents filed by the parties in this proceeding, comment upon the Proposed Administrative Order and Public Notice or participate in any hearing that may be held, may contact the Regional Hearing Clerk identified above. Please note that the federal regulations are available online at the Code of Federal Regulations (CFR) website. Unless otherwise noted, the public record for the proceeding is located at the office of the Regional Hearing Clerk (address above) and the file will be open for public inspection during normal business hours.