Public Notice: In the Matter of the County of Hawai’i, Docket No. SDWA-UIC-09-2017-0002
Notice of Proposed Safe Drinking Water Act Underground Injection Control Program Administrative Order on Consent and Opportunity to Comment: In the Matter of the County of Hawai’i
In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act (“Act”), 42 U.S.C. § 300h-2(c)(3)(B), notice is hereby given of a proposed agreement, set forth in a Proposed Administrative Order on Consent (“Proposed Consent Order”), between the U.S. Environmental Protection Agency Region 9 (“EPA”) and the County of Hawai’i. The Proposed Consent Order requires the County of Hawai’i to correct certain alleged ongoing violations of the Act, as further described below. This notice invites the public to submit comments on the Proposed Consent Order.
The Proposed Consent Order requires Respondent to close seven (7) large capacity cesspools (“LCCs”) that are currently being operated in violation of the ban codified at 40 C.F.R. § 144.88 on existing LCCs that took effect on April 5, 2005. Section V of the Proposed Consent Order provides an enforceable schedule for the County of Hawai’i to come into compliance with the ban, including closure of the LCCs and proper treatment for the wastewater streams currently being sent to the LCCs.
EPA alleges that, since April 5, 2005, Respondent owned and/or operated two (2) LCCs in violation of the LCC ban located in the community of Pahala. EPA further alleges that, since at least April 30, 2010, Respondent owned and/or operated five (5) additional LCCs in violation of the LCC ban located in the communities of Pahala and Naalehu. The continued operation of these LCCs is an ongoing violation of 40 C.F.R. § 144.88 and the SDWA. The seven (7) LCCs at issue are more specifically defined as follows:
2 large capacity cesspools serving approximately 109 private residences in the community of Pahala, Hawai’i;
3 large capacity cesspools serving approximately 163 private residences in the community of Na’alehu, Hawai’i; and
2 large capacity cesspools serving the Pahala Elderly Apartments.
Live links to the Administrative Order of Consent and Work Plans can be accessed at:
This public notice also appears at:
EPA will accept comments received through 05/30/2017.
How to Comment
If you submit comments, please provide with those comments the following information: Your full name, mailing address, telephone number, email address, the Docket Number (SDWA-UIC-09-2017-0002), and a concise statement of the basis for and relevant facts supporting any comments you submit.
Any comments should be submitted to the EPA Region IX Enforcement Division, to the attention of the Enforcement Officer identified above (address provided), within 30 days of the date of this public notice.
All comments received within this 30-day period will be considered prior to finalizing the Proposed Consent Order. 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.
Mailing Address, Telephone Number, and Email of EPA Region IX Enforcement Officer
EPA Region IX Enforcement Division
Jelani Shareem (email@example.com)
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street (ENF-3-3)
San Francisco, CA 94105
(415) 972- 3095
For More Information
Persons wishing to comment upon the Proposed Administrative Order on Consent may contact the EPA Region IX Enforcement Officer for this matter at the address identified above. Please note that the federal regulations cited in the Proposed Consent Order 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 EPA Region IX Enforcement Division (address above) and the file will be open for public inspection during normal business hours.
EPA’s original publication date was 04/27/2017. The EPA comment deadline is 05/30/2017.