Pacific Southwest, Region 9
Serving: Arizona, California, Hawaii, Nevada, Pacific Islands, Tribal Nations
Notice of Proposed Settlement of Safe Drinking Water Act Administrative Penalty and Opportunity to Comment: In the Matter of State of Hawaii, Department of Land and Natural Resources (DLNR)
Publication Date: August 8, 2016
Public Comment Closes: September 8, 2016
In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act (“SWDA” 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 the State of Hawaii, Department of Land and Natural Resources (DLNR), to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.
In the Matter of State of Hawaii, Department of Land and Natural Resources, Docket No. UIC- 09-2016-0005
Pursuant to 40 C.F.R. § 22.13(b) and 22.18(b)(2) and (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 fifty thousand dollars ($50,000.00) and implement a Special Environmental Project (SEP) by converting 7 (seven) cesspools at 5 (five) separate State-owned properties; the 7 cesspools are “small capacity cesspools”, and do not require closure pursuant to federal or state regulations. Payment of this penalty, and implementation of the SEP, will resolve EPA’s allegations that the Respondent violated 40 C.F.R. § 144.88 by operating six (6) LCCs after the ban on existing LCCs that went into effect on April 5, 2005.
Complainant: Kathleen H. Johnson, Director, Enforcement Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105
Respondent: Suzanne D. Case, Chairperson, State of Hawaii Department of Land and Natural Resources, 1151 Punchbowl Street, Honolulu, HI 96813.
Facilities: Waianapanapa State Park, Hana, Hawaii
Description of Business or Activity Conducted by the Respondent: Camping and Recreation
Alleged Violations: EPA alleges that Respondent owned or operated six large capacity cesspools in violation of the large capacity cesspool ban that took effect on April 5, 2005. 40 C.F.R. § 144.88.
Proposed Order and Penalty: $50,000 penalty and a Supplemental Environmental Project.
Date Filed with Regional Hearing Clerk: August 04, 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-09-2016-0005), 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 Consent Agreement and Proposed Final Order 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.