Public Notice: Mani Makai Reserve (DE) LLC and Hasegawa General Store Inc, Hana, Maui, Hawaii; 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, between EPA Region 9, Mani Makai Reserve (DE), LLC, and Hasegawa General Store, Inc. to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.
In the Matter of Mani Makai Reserve (DE), LLC and Hasegawa General Store, Inc., Docket No. UIC-09-2024-0040
Pursuant to 40 C.F.R. §§ 22.13(b) and 22.18(b)(2) - (3), Complainant and Respondents entered into a Proposed Consent Agreement to simultaneously commence and conclude this SDWA civil administrative proceeding. The Proposed Consent Agreement requires Respondents to pay to the United States a penalty of fifty thousand dollars ($50,000). Payment of this penalty and closure of the LCC by no later than December 31, 2024 will resolve EPA’s allegations that the Respondents violated 40 C.F.R. § 144.84(b)(2) and 144.88 by owning and operating the LCC after the ban on existing LCCs 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
Respondents: Mani Makai Reserve (DE), LLC and Hasegawa General Store, Inc.
Facilities: The Hasegawa General Store (Tax Map Key: 2-1-4-003-003). 5165 Hana Highway, Hana, Maui, Hawaii 96713.
Description of Business or Activity Conducted by the Respondents: Mani Makai Reserve (DE), LLC is a private company whose purpose is land conservation. Hasegawa General Store, Inc. is a family run business that services the community with essential needs.
Alleged Violations: EPA alleges that Respondents owned and/or operated one large capacity cesspool (LCC) 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: $50,000
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 proposed settlement, 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.
Applicants or Respondents
Mani Makai Reserve (DE), LLC and Hasegawa General Store Inc.Docket Numbers
- UIC-09-2024-0040