EPA v. KOMOHANA HEIGHTS SUBDIVISION

Case summary

This case addresses violations of the Safe Drinking Water Act's Underground Injection Control regulations by the County of Hawaii. EPA's regulations banned the use of large capacity cesspools after April 2005. A large-capacity cesspool is one that discharges untreated sewage from multiple dwellings, or from a non-residential location that serves 20 or more people per day. EPA issued a compliance order to the County of Hawaii in 2005 requiring closure of 30 large-capacity cesspools. Two of the cesspools accepted untreated waste from 27 residences in the Komohana Heights Subdivision in Hilo. The County failed to close the Komohana Heights cesspools by the required deadline. However, they subsequently installed a new wastewater collection system to connect the homes to the existing county sewer. The County also provided service to 14 additional homes served by individual small-capacity cesspools, which are not prohibited by EPA’s regulations. The County of Hawaii agreed to pay a $40,700 penalty for failing to meet the cesspool closure deadline.

Defendants (1)

• County of HawaiiNamed in complaintNamed in settlement

Facilities (1)

• KOMOHANA HEIGHTS SUBDIVISION

  1376 ALA KULA ST, HILO, HI, 96720

  Registry ID: 110041888008

Statutes cited

• SDWA 1422/1423 — UIC Regulations Classes I - V

Enforcement conclusions (1)

• KOMOHANA HEIGHTS SUBDIVISIONentered 2010-04-22

  Primary law: SDWA

  Federal penalty: $40,700

Timeline (5 milestones)

• 2010-04-22Enforcement Action Closed
• 2010-04-22Compliance Achieved
• 2010-04-22Final Order Issued
• 2010-04-22Complaint Filed/Proposed Order
• 2010-06-08Enforcement Action Data Entered