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20. 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. 21. 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. 22. 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. 23. Since at Ieast July 31, 1985,Respondent has owned two cesspools serving the Pahala Elderly Apartments, located on Tax Map Key parcel 3-9-6-017-038("Pahala Elderly Apartments Cesspools").Respondent is an"owner"of those cesspools as that term is defined at 40 C.F.R. § 144.3. 24. EPA alleges that each of the cesspools referred to in Paragraphs 21,22,and 23,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). 25. Respondent failed to close the LCCs referenced in Paragraph 23 by April 5,2005,as required by 40 C.F.R. §§ 144.84(b)(2)and 144.88(a)(1).In addition,Respondent failed to close the LCCs referenced in Paragraphs 21 and 22 by April 30,2010. 26. EPA therefore alleges that Respondent is in continuing violation of 40 C.F.R. §§ 144.84(b)(2)and 144.88(a)(1). 4