Public Notice: Konohiki Corp., Makawao, Maui, HI; Proposed Settlement of SDWA 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 Konohiki Corp. to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.
In the Matter of Konohiki Corp. Docket No. UIC-09-2024-0059
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 the Respondent to pay to the United States a penalty of forty-four thousand dollars ($44,000) and close one large capacity cesspool. The closure of the large capacity cesspool and payment of the penalty will resolve EPA’s allegation that the Respondent violated 40 C.F.R. § 144.88 by owning and/or operating one large capacity cesspool 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: Konohiki Corp.
Facility: 1035 Makawao Ave., Makawao, Maui, HI 96768-9445 (TMK: 2-2-4-024-001)
Description of Business or Activity Conducted by the Respondent: Konohiki Corp. primarily operates the facility as a commercial rental space.
Alleged Violations: For purposes of this enforcement action only, EPA alleges that Respondent owns and/or operates one large capacity cesspool in violation of the ban that took effect on April 5, 2005. 40 C.F.R. § 144.88.
Proposed Order and Penalty: $44,000
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.
See also: Hawai'i Cesspool Administrative Orders
Applicants or Respondents
Konohiki Corp.1035 Makawao Ave.
Makawao, HI 96768-9445
United States
Docket Numbers
- UIC-09-2024-0059