RES 593 Draft 01 2024-2026 - Laserfiche WebLink

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16. UIC program regulations classify LCCs as Class V UIC injection wells.40 C.F.R. § 144.80(e). 17. Class V UIC injection wells are considered a"facility or activity"subject to regulation under the UIC program.40 C.F.R. § 144.3. 18. '`Owner or operator"means the owner or operator of any"facility or activity" subject to regulation under the UIC program.40 C.F.R. § 144.3. 19. The'`owner or operator"of a Class V UIC well"must comply with Federal UIC requirements in 40 C.F.R.parts 144 through 147,"and must also"comply with any other measures required by States or an EPA Regional Office UIC Program to protect[underground sources of drinking water]."40 C.F.R. § 144.82. 20. Owners or operators of existing LCCs were required to have closed those LCCs no later than April 5,2005.40 C.F.R. §§ 144.84(b)(2)and 144.88(a)(1). 21. Pursuant to Section 1422(c)of the SDWA,42 U.S.C. § 300h-1(c), and 40 C.F.R. § 147.601, EPA administers the UIC program in the State of Hawaii.This UIC program consists of the program requirements of 40 C.F.R. Parts 124, 144, 146, 147(Subpart M),and 148. 22. Since at least April 30,2010, Respondent has owned and operated two cesspools that serve the Pahala Community(i.e.,community cesspools)on Tax Map Key parcels 3-9-6- 016-041 and 3-9-6-002-024("Pahala Community Cesspools"). Respondent is an"owner or operator"of those cesspools as that term is defined at 40 C.F.R. § 144.3. 23. Since at least April 30,2010, Respondent has owned and operated three community cesspools located in the Na'alehu Community,two of which are located on Tax Map Key parcels 3-9-5-024-011 and 3-9-5-024-001, respectively,and the third of which is situated between Tax Map Key parcels 3-9-5-024-010 and 3-9-5-024-009('`Na'alehu Community 4