Notice of Proposed Settlement of Safe Drinking Water Act Administrative Penalty and Opportunity to Comment: In the Matter of U.S. Army

Publication Date: June 21, 2016
Public Comment Closes: July 21, 2016

In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act ("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 U.S. Army to resolve the following civil administrative penalty proceeding under Sections 1423(c)(3)(B) and 1447(b) of the Act.

In the Matter of the U.S. Army. Docket No. UIC-09-2016-0001

On June 17, 2016, 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 penalty proceeding. The Proposed Consent Agreement requires Respondent to pay to the United States a penalty of one hundred thousand dollars ($100,000.00) and close eight (8) large capacity cesspools ("LCCs"). Payment of this penalty will resolve EPA's allegations that the Respondent violated 40 C.F.R. § 144.88 by operating twelve (12) LCCs after the ban that went into effect on April 5, 2005.

Complainant

Alexis Strauss, Acting Regional Administrator
U.S. EPA, Region IX
75 Hawthorne Street
San Francisco, CA 94105

Respondent's Name and Mailing Address

Richard A. Fromm, Colonel
U.S. Army Garrison Hawaii
851 Wright Avenue
Wheeler Army Airfield Schofield Barracks
HI 96857-5000

Facilities

Wheeler Army Air Field, Schofield Barracks, Pohakuloa Training Area, and Kilauea Military Camp

Description of Business or Activity Conducted by the Respondent

Military Operations

Proposed Settlement Penalty

$100,000

Name, Mailing Address, Telephone Number, and Email Address of Regional Hearing Clerk

Steven Armsey (r9hearingclerk@epa.gov)
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105
(415) 972-3919

Instructions for Submitting Comments

Persons wishing to comment on this Proposed Settlement, 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 this public notice.

Please provide the following information along with your comments in accordance with Part 22: Your full name, mailing address, telephone number, email address, the Docket Number (Docket No. UIC-09-2016-0001), and a concise statement of the basis for, and relevant facts supporting, any comment for the case to which you are commenting.

All comments received within this 30-day public comment 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. In order to provide opportunity for public comment and in accordance with 40 C.F.R. § 22.45(b), EPA will not take final action in this proceeding prior to thirty (30) days after issuance of this notice.

For More Information

The regulations governing these proceedings are found in 40 C.F.R. Part 22, which is available online at the Code of Federal Regulations (CFR) web site. The Consent Agreement and Proposed Final Order (PDF) (10 pp, 103K) is also available on the EPA Region 9 website. A copy of these documents may also be obtained by contacting the Regional Hearing Clerk identified above. During the comment period, the public record for the proceeding may also be inspected during business hours at the office of the Regional Hearing Clerk (address above).