Public Notice: County of Maui; Proposed Settlement of Safe Drinking Water Act Administrative Penalty
Summary
In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act (SDWA 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 County of Maui to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.
In the Matter of County of Maui, Docket No. UIC-09-2024-0052
Pursuant to 40 C.F.R. §§ 22.13(b) and 22.18(b)(2) - (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 close seven large capacity cesspools, pay to the United States a penalty of one hundred ninety-three thousand, two hundred and seventy-four dollars ($193,274), and perform a compliance audit of all its properties to identify and close all remaining large capacity cesspools. Payment of the penalty, completion of the compliance audit, and closure of the seven large capacity cesspools by no later than December 31, 2025 will resolve EPA’s allegations that the Respondent violated 40 C.F.R. § 144.84(b)(2) and 144.88 by owning and operating the large capacity cesspools after the ban on existing large capacity cesspools took effect on April 5, 2005.
Complainant
Amy C. Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105
Respondent
County of Maui
Facilities
- The Hana Police Station, the Hana Motor Vehicle and Licensing Office, and the Hana Public Works Vehicle Maintenance Shop - Tax Map Key: 2-1-4-006-003
- The Makawao Baseyard - Tax Map Key: 2-2-4-017-021
- The Maui Veterans Cemetary - Tax Map Key: 2-2-4-002-018
- The Molokai Veterans Cemetary - Tax Map Key: 2-5-2-017-022
Description of Business or Activity Conducted by the Respondents
The mission of the County of Maui is to act in partnership with constituents to ensure Maui County’s long-term social well-being, environmental sustainability, and economic vitality.
Alleged Violations
EPA alleges that Respondent owned and/or operated seven large capacity cesspools in violation of the ban that took effect on April 5, 2005. 40 C.F.R. § 144.84(b)(2) and 144.88.
Proposed Order and Penalty
$193,274
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 Consent Agreement 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.
Learn More: Cesspools in Hawaii