EPA v. K&M, LLC (CAFO)

Case summary

The United States Environmental Protection Agency, Region 9 (EPA} and 1284 Kilauea K&M, LLC (Respondent) (collectively the Parties) agree to settle this matter and consent to the entry of this Consent Agreement and Final Order (CA/FO). This CA/FO is an administrative action commenced and concluded under Section 1423(c)(l) of the Safe Drinking Water Act (SDWA), 42 U.S.C. Section 300h-2(c)(l), and Sections 22.13(b), 22.18(b)(2) and (3), and 22.45 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits, as codified at 40 C.F.R. Part 22.

Defendants (2)

• Lex R. SmithNamed in complaintNamed in settlement
• Scott EsserNamed in complaintNamed in settlement

Facilities (1)

• K & M LLC

  1284 KILAUEA AVE, HILO, HI, 96720

  Registry ID: 110071356475

Statutes cited

• SDWA 1421 — UIC Regulations

Enforcement conclusions (1)

• K&M, LLC (CAFO)entered 2025-07-16

  Primary law: SDWA

  Federal penalty: $25,000

Timeline (4 milestones)

• 2025-07-16Complaint Filed/Proposed Order
• 2025-07-16Final Order Issued
• 2025-07-16Enforcement Action Closed
• 2025-09-26Enforcement Action Data Entered