RES 593 Draft 01 2024-2026 - Laserfiche WebLink

Home

23. 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. 24. 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 Cesspools").. Respondent is an"owner or operator"of those cesspools as that term is defined at 40 C.F.R. § 144.3. 25. From at least July 31, 1985, until June 29, 2018 Respondent owned two cesspools serving the Pahala Elderly Apartments, located on Tax Map Key parcel 3-9-6-017-038 ("Pahala Elderly Apartments Cesspools"). Respondent was an "owner"of those cesspools as that term is defined at 40 C.F.R. § 144.3. 26. Respondent closed the two LCCs referenced in Paragraph 25,as required by the 2017 AOC. 27. EPA alleges that each of the cesspools referred to in Paragraphs 23, 24, and 25, at all times relevant to this Consent Order,served multiple dwellings,and thus each is considered an LCC pursuant to 40 C.F.R. § 144.81(2). 28. Respondent failed to close the LCCs referenced in Paragraph 25 by April 5, 2005, as required by 40 C.F.R. §§ 144.84(b)(2) and 144.88(a)(1). In addition, Respondent has failed to close the LCCs referenced in Paragraphs 23 and 24. 5