EPA v. Kainaliu Parking Lot CAFO

Case summary

This is a civil administrative action instituted by EPA Region IX against Respondent pursuant to Section 1423(c) of the Safe Drinking Water Act ( SDWA or the Act ), 42 U.S.C. 300h-2(c), for violations of the SDWA and the Underground Injection Control ( UIC ) requirements set forth at 40 C.F.R. Part 144. Since at least April 5, 2005 , Respondent has owned and operated a cesspool located at the Facility receiving sanitary wastewater from the public bathroom located onsite that has the capacity to serve twenty or more persons per day. Respondent's failure to close the LCC at the Facility by April 5, 2005 or anytime thereafter constitutes an ongoing violation of 40 C.F.R. 144.84(b)(2) and 144.88. Respondent agrees to the assessment of a civil penalty in the amount of $133,000 for the violations at theFacilty of the SDWA alleged in Section III of this CA/FO.

Defendants (1)

• Kainaliu Parking LotNamed in complaintNamed in settlement

Facilities (1)

• KAINALIU PARKING LOT

  79-7401 MAMALAHOA HWY, KEALAKEKUA, HI, 96750

  Registry ID: 110070692695

Statutes cited

• SDWA 1423C — UIC - Violation of 1423(c) AO

Enforcement conclusions (1)

• Kainaliu Parking Lot CAFOentered 2020-02-14

  Primary law: SDWA

  Federal penalty: $133,000

Timeline (4 milestones)

• 2020-02-14Final Order Issued
• 2020-02-14Enforcement Action Closed
• 2020-02-14Complaint Filed/Proposed Order
• 2020-02-18Enforcement Action Data Entered