EPA v. JOHNSON RESORT PROPERTIES

Case summary

This case addresses violations of the Safe Drinking Water Act's Underground Injection Control regulations by Johnson Resort Properties, owner of Kona Seaspray Resort on the Big Island 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 settled with Johnson Resort Properties for failing to close three large-capacity cesspools that service two apartment buildings in Kona. The settlement will result in a supplemental environmental project (SEP) to install an advanced wastewater treatment system for the apartments. The system will provide tertiary treatment of all domestic wastewater from the properties prior to underground injection, and will result in a significantly greater level of treatment than required by state law. As a result of the greater environmental benefit associated with the SEP, EPA agreed to reduce the administrative fine to $17,500.

Defendants (1)

• ROBERT JOHNSONNamed in complaintNamed in settlement

Facilities (1)

• JOHNSON RESORT PROPERTIES

  78-6671 ALII DRIVE, KAILUA-KONA, HI, 96740

  Registry ID: 110041888035

Statutes cited

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

Enforcement conclusions (1)

• JOHNSON RESORT PROPERTIESentered 2010-06-03

  Primary law: SDWA

  Federal penalty: $17,498 · SEP: $325,000

Timeline (3 milestones)

• 2010-06-03Complaint Filed/Proposed Order
• 2010-06-03Final Order Issued
• 2010-06-08Enforcement Action Data Entered