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• <br /> Cesspools"). Respondent is an"owner or operator'of those cesspools as that term is defined at <br /> 40 C.F.R. § 144.3. <br /> 24. From at least July 31. 1985. until June 29,2018 Respondent owned two cesspools <br /> serving the Pahala Elderly Apartments, located on Tax Map Key parcel 3-9-6-017-038 ("Pahala <br /> Elderly Apartments Cesspools"). Respondent is an"owner"of those cesspools as that term is <br /> defined at 40 C.F.R. § 144.3. <br /> 25. Respondent closed the two LCCs referenced in Paragraph 24.as required by <br /> Paragraphs 34 and 35 prior to the present revision of this AOC. <br /> 26. EPA alleges that each of the cesspools referred to in Paragraphs 22.23. and 24,at <br /> all times relevant to this Consent Order, served multiple dwellings, and thus each is considered <br /> an LCC pursuant to 40 C.F.R. § 144.81(2). <br /> 27. Respondent failed to close the LCCs referenced in Paragraph 24 by April 5.2005. <br /> ( <br /> as required by 40 C.F.R. §* 144.84(6)(2)and 144.88(a)(1). In addition. Respondent has failed to <br /> close the LCCs referenced in Paragraphs 22 and 23. <br /> 28. EPA therefore alleges that Respondent is in continuing violation of 40 C.F.R. <br /> §§ 144.84(b)(2) and 144.88(a)(l). <br /> 29. Pursuant to section 1423(c)(1)of the SDWA,42 U.S.C. § 300h-2(c)(l). EPA may <br /> issue an order requiring compliance against any person who violates the SDWA or any <br /> requirement of an applicable UIC program. <br /> V. COMPLIANCE PROVISIONS <br /> 30. Based on the foregoing findings and pursuant to EPA's authority under section <br /> 1423(c)(I)of the SDWA.42 U.S.C. § 300h-2(c)(I). in order to come into compliance with the <br /> ( <br />