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 Vacation Inns International, Inc., and Ms. SharLyn Foo.
Publication Date: August 18, 2015
Public Comment Closes: September 16, 2015
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 Vacation Inns International, Inc. and Ms. Shar Lynn Foo to resolve the following civil administrative penalty proceeding under Section 1423(c)(3)(B) of the Act.
In the Matter of Vacation Inns International, Inc., and Ms. SharLynn Foo
Docket No. UIC- 09-2015-0002
Complainant
Kathleen Johnson, Director, Enforcement Division
EPA, Region 9
75 Hawthorne St., San Francisco, CA 94105
Respondent
Vacation Inns International, Inc. (a Hawaii Corporation based in Haleiwa, HI.) and Ms. SharLyn Foo (“Respondents”).
On August 13, 2015, 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 forty thousand dollars ($40,000.00) and close six (6) 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 six (6) LCCs after the ban that went into effect on April 5, 2005.
In the Matter of Vacation Inns International, Inc., and Ms. SharLyn Foo
Docket No. UIC-09-2015-0002
Complainant
Kathleen H. Johnson, Director, Enforcement Division, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, CA 94105
Respondents
Vacation Inns International, Inc., and Ms. SharLyn Foo, 59-788 Kamehameha Highway, Haleiwa, Hawai’I, 96712
Description of Business or Activity Conducted by the Respondent: Lodging.
Proposed Order and Penalty: $40,000.
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-09-2015-0002), 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 below), within 40 days of the date of this public notice (40 C.F.R. § 22.45(b)). All comments received within this 40-day period will be considered in the issuance of the final order.
Name, Mailing Address, and Telephone Number of Regional Hearing Clerk
Regional Hearing Clerk (r9hearingclerk@epa.gov)
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105
(415) 972-3919
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 (PDF) (11 pp, 832 K) 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.