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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 Robert Johnson and Johnson Resort Properties, Inc.

Publication Date: April 30, 2010
Public Comment Closes: May 31, 2010

In the Matter of Robert Johnson and Johnson Resort Properties, Inc., Docket No. UIC-09-2010-0002

The United States Environmental Protection Agency, Region IX (“EPA”) is authorized under Sections 1423(c) and 1445(a) of the Safe Drinking Water Act
(the “Act”), 42 U.S.C. §§ 300h-2(c), 300j-4(a), to assess administrative penalties against any person who fails to comply with the requirements of, or regulations enacted in accordance with, Section 1422(c) of the Act, 42 U.S.C. § 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.

Robert Johnson and Johnson Resort Properties, Inc. (“Respondents”) agree to the issuance of this Consent Agreement and proposed Final Order (“settlement”). In accordance with Section 1423(c)(3)(B) of the Act, 42 U.S.C. § 300h-2(c)(3)(B), EPA is hereby providing public notice of, and the opportunity to comment on, this proposed settlement, recorded in a Consent Agreement and Proposed Final Order, in the following matter:

In the Matter of Robert Johnson and Johnson Resort Properties, Inc., Kailua-Kona, Hawaii, Docket No. UIC-09-2010-0002

Complainant:
Alexis Strauss
Director, Water Division
U.S. EPA, Region IX
75 Hawthorne Street
San Francisco, CA 94105.

Respondent’s name and mailing address:

Mr. Robert Johnson
Johnson Resort Properties, Inc.
78-665 Alii Drive
Kailua-Kona, HI 96740.

Description of Business or Activity Conducted by the Respondents: Owner of two multiple-family dwellings at 78-6671 and 78-6665 Alii Drive, Kailua-Kona, Hawaii.

Alleged Violations: In the Consent Agreement, EPA alleges that Respondents failed to close three (3) large capacity cesspools by April 5, 2005, as required by EPA’s Underground Injection Control regulations at 40 C.F.R. § 144.88, and is therefore in violation of the large capacity cesspool ban that took effect on that date.

Proposed Settlement Penalty: $17,498

Proposed Supplement Environmental Project: In addition to the penalty, Respondents agree to install a wastewater treatment plant, which will function to remove organic matter (BOD5), total suspended solids (TSS), total nitrogen (TN), and ammonia, resulting in an effluent which meets R-2 reclaimed water, as defined by industry standards.

Date Filed with Regional Hearing Clerk: April 29, 2010

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

Steven Armsey
U.S. Environmental Protection Agency, Region IX
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-09-2010-0002), 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 above), within 30 days 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. 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 forty (40) days after issuance of this notice.

For More Information

Persons wishing to receive a copy of 40 C.F.R. Part 22 or review the Consent Agreement and Proposed Final Order (PDF) (72pp, 2.3M) may contact the Regional Hearing Clerk identified above. Please note that the federal regulations are available online at www.gpoaccess.gov/cfr. 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).

Consent Agreement and Proposed Final Order (PDF) (72pp, 2.3M)

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