EPA v. Whale Spirit Santuary LLC - AOC

Case summary

The United States Environmental Protection Agency Region IX ( EPA ) and Whale Spirit Sanctuary, LLC ( Respondent ) (collectively, the Parties ) voluntarily enter into this Administrative Order on Consent ( Consent Order or AOC ). Respondent operates one (1) Large Capacity Cesspool ( LCC ) that serves the main house of the Whale Spirit Sanctuary, located at 82-5988 Napoopoo Road,Captain Cook, HI 96704-8290 (Tax Map Key: 3-8-2-003-036-0003) (the Property ). The Property is owned by the Dolphins Children's Trust but leased to Respondent, who manages it. EPA alleges that Respondent has violated and continues to violate requirements of the federal Safe Drinking Water Act ( SDWA ), 42 U.S.C. Section 300f et seq., and 40 C.F.R. Sections 144.84(b)(2) and 144.88, which required owners or operators of existing LCCs to close them no later than April 5, 2005. This Consent Order directs Respondent to remedy the ongoing violation relating to the identified LCC in accordance with the compliance schedule set forth in this Consent Order.

Defendants (1)

• Whale Spirit Sanctuary LLCNamed in complaintNamed in settlement

Facilities (1)

• WHALE SPIRIT SANCTUARY

  82-5988 NAPOOPOO RD, CAPTAIN COOK, HI, 96704

  Registry ID: 110070836442

Statutes cited

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

Enforcement conclusions (1)

• Whale Spirit Santuary LLC - AOCentered 2022-01-06

  Primary law: SDWA

Timeline (3 milestones)

• 2022-01-06Final Order Issued
• 2022-01-06Enforcement Action Closed
• 2022-02-11Enforcement Action Data Entered