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HomeMy WebLinkAboutCOM 0503.003 2004-2006 ~(V 01 N,y, Harry Kim Dixie Kaetsu Mayor ' • Managing Director ~i~~ ~;•M~ Peter L. Hendricks Deputy Managing Director ~ountp of ~aiuai`i 25 Aupuni Stree[, Room 215 • Hilo, Hawaii 96 720-42 52 • (808) 961-g21 I Pax (SOS) 961-6553 KONA: 75-57pb Kuakini Highway, Suile 103 • Kailua-Kona, Hawaii 96740 (808) 329-5226 Fax (808) 326-5663 November 22, 2005 The Honorable Stacy Higa, Chairperson Hawaii County Council Hilo, Hawaii 96720 Re: Large Capacity Cesspools, EPA Consent Agreements Dear Chairperson Higa: Attached is a copy of two executed consent agreements between the County of Hawaii and the United States Environmental Protection Agency addressing the closure of large capacity cesspools (LCCs) owned and/or operated by the County of Hawaii. The first consent agreement, dated September 9, 2005, covers the closure of LCCs at County facilities by the Department of Public Works. The second consent agreement, dated November 15, 2005, covers LCCs owned and/or operated by the Department of Environmental Management. While the County has been working diligently for several years to convert its LCCs to approved wastewater systems, we anticipated that we would be unable to complete the conversion by the April 5, 2005 deadline due to the large number of cesspools to be addressed. Because of the uncertainty of meeting this deadline, we began discussions with the EPA on a time extension over two years ago in 2003. These consent agreements are the result of these discussions. We are very grateful for the excellent cooperation received from the EPA in arriving at these consent agreements. Deputy Corporation Counsel Bobby Jean Leithead-Todd was instrumental in working with the EPA over the last year and getting these important agreements finalized and executed. Also deserving much credit are the Departments of Public Works and Environmental Management, who provided the necessary technical information and expertise required to arrive at the realistic time schedules included in the agreements. Al ' t l " y Kim MAYOR Attachments cc: Bruce McClure, Director of Public Works Comm. No. So3 Barbara Bell, Director of Environmental Management Ref. To: Bobby Jean Leithead-Todd, Deputy Corporation Counsel Ref. Date 2 s Ham ai'i County is an equal opportuniTy provider and employer. ~~~co srn~Fs ` A W UNITED STATES ENVIRONMENTAL PROTECTION AGENCY o~° sf v REGION IX °R0"~ 75 Hawthorne Street San Francisco, CA 94705.3901 Harry Kim Mayor, County of Hawaii 25 Aupuni Street Hilo, HI 96720 Subject: Consent Agreement and Final Order, Docket No. UIC-AO-2005-0013 Honorable Mayor Kim, Enclosed is a copy of the signed Consent Agreement and Final Order which addresses the closure of large capacity cesspools by the Department of Public Works which are owned and operated by the County of E lawaii. I appreciate the efforts you and your staff have put into establishing this agreement and developing a plan to achieve compliance with EPA's regulations. We will continue to work with your staff on developing a similar Consent Agreement to address the cesspools operated by the Department of Environmental Management. Please direct any technical questions to Laura Tom Bose at (415) 472-3538, and legal questions to Elizabeth LaBlano, EPA Office of Regional Counsel, at (415) 972-3915. Sincerely yours, lexl~s Director, Water Division Enclosure ca Bruce McClure, DPW Bobby Jean Leithead-Todd Printed an Rep~ded Paper UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX - - IN THE MATTER Oh ~ DOCKET NO. UIC-AO-2005- oU/-~ County of Hawaii, ~ CONSENT AGREEMENT Department of Public Works. ~ Hilo, HI ~ AND FINAL ORDER Proceedings under Section 1423(c) ~ of the Safe Drinking Water Act, ~ 42 U.S.C. § 300h-2(c) ~ CONSENT AGREEMENT L STATUTORY AUTHORITY This Consent Agreement and Final Order is issued under the authorities vested in the Administrator of the United States Environmental Protection Agency ("EPA") by Sections 1423(c) and 1445(a) of the Safe Drinking Water Act (the "Act"), 42 U.S.C. 300h-2(c),300j- 4(a). The Administrator has delegated these authorities to the Regional Administrator of EPA Region LY. The Regional Administrator in turn has delegated these authorities to the Director of the Water Division, EPA Region LY. In accordance with these authorities, the Director of the Water Division, EPA Region 1X, hereby issues, and the County of Hawaii, Department of Public Works ("Respondent") hereby agrees to the issuance of, this Consent Agreement and Final Order. Il. STIPULATIONS AND FINDINGS Respondent, through County of Hawaii, Department of Public Works, stipulates, and EPA finds as follows: 1. Pursuant to Part C of the Act, 42 U.S.C. 300h-300h-8, EPA has promulgated regulations establishing minimum requirements for UIC programs, to prevent underground injection which endangers drinking water sources. These regulations are set forth at 40 C.F.R. Part 144. 2. "Underground injection" means the subsurface emplacement of fluids by well injection. 42 U.S.C. § 300h(d)(]), 40 C.F.R. ~ 144.3. 3. Pursuant to 40 ('.F.R. § 144.88, existing large capacity cesspools are required to be closed no later than April 5, 2005. "Large capacity cesspools" include "multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes, containing human excreta, which have an open bottom and sometimes perforated sides.". 40 C.F.R. § 144.81(2). Large capacity cesspools do not include single family residential cesspools or anon-residential cesspools which receive solely sanitary waste and have the capacity to serve fewer than ZO persons per day. Id. A "cesspool," is a "drywell," which in turn is a "well," as those terms are defined in 40 C.F.R. § 144.3. 4. Pursuant to Section ]422(c) of the Act, 42 U.S.C. § 300h-1(c), and 40 C.F.R. Part 147 Subpart M, § 147.601, EPA administers the Underground Injection Control 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. 5. Pursuant to Section 1423(c)(1) ofthe Act, 42 U.S.C. § 300h-2(c)(1), EPA may assess a~i administrative compliance order to any person who violates any requirement of an applicable Underground Injection Control ("UIC") program. 42 U.S.C. § 300h-2(c)(1). 6. Pursuant to Section 1445(a)(1)(A) of the Act, 42 U.S.C. § 300j-4(a), EPA may require any person who is subject to the requirements of the Act to submit information relating to such person's compliance with the requirements of the Act. 42 U.S.C. § 300j-4(a)(1)(A). 7. Respondent, County of Hawaii, Department of Public Works, is a state agency. Thus, Respondent is a "person" within the meaning of Section 1401(12) of the SDWA, 42 U.S.C. § 300f(12), and 40 C.F.R. § 144.3. 8. Respondent owns and operates 103 large capacity cesspools. The list of large capacity cesspools owned and operated by Respondent appears in Table 1, Segments No. 1-4, attached hereto and incorporated by reference. 9. Respondent did not close the large capacity cesspools referred to in paragraph 8 by April 5, 2005 as required by 40 C.F.R. § 144.88. 10. Respondent intends to undertake the measures outlined in Table 2, attached hereto and incorporated by reference, by the dates specified in order to close the large capacity cesspools refen-ed to in paragraph 8. 11. Based on all the foregoing, Respondent has violated the requirement that all large capacity cesspools be closed by April 5, 2005, and is therefore in violation of 40 C.F.R. § 144.88 III. PROPOSED ORDEK Respondent, County of Hawaii, Department of Public Works, and EPA agree to issuance of the following, which, upon issuance of the Final Order, shall become effective: 2 A. Compliance Requirements 12. Respondent shall close the large capacity cesspools referred to in paragraph 8 in accordance with 40 C.F.R. § 144.89(a) no later than November 1, 2006 and submit an Engineer's Report for those large capacity cesspools by December 21, 2006. 13. Respondent shall submit semi-annual reports, in accordance with paragraph 14 below, beginning January 1, 2006, confirming that the milestones set forth in Table 2, attached hereto and incorporated by reference, have been met. The semi- annual reports shall be sent to EPA within thirty (30) days of January 1 and July 1 of each yeaz until all lazge capacity cesspools listed in Schedule 1 have been closed and the Engineering Report submitted. 14. If the alternative treatment technology is a septic tank system, an effluent filter is required prior to disposal into the leach field or seepage pit. 15. Such submittals shall be in writing and shall be sent to: I,CC Project Coordinator Ground Water Office, WTR-9 Environmental Protection Agency ?5 Hawthorne Street San Francisco, CA 94105 and shall include the following certification signed by a duly authorized representative: "I certify under penalty of law that this document and all attachments were prepared by direct supervision or in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, I certify that the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there aze significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." B. General Provisions 16. For the purpose of this proceeding, Respondent admits the jurisdictional allegations of the Consent Agreement and agrees not to contest, in any administrative or judicial forum, EPA's jurisdiction to enter into this CA/FO. 3 17. The provisions of this CA/FO shall be binding upon Respondent, its officers, directors, agents, servants, authorized representatives, employees, and successors or assigns. Action or inaction of any persons, firms, contractors, employees, agents, or corporations acting under, through, or for Respondent shall not excuse any failure of Respondent to fully perform its obligations under this CA/FO. 18. Respondent shall give notice, and provide a copy of this CA/FO, to any successor-in-interest prior to transfer of ownership or operation of the large capacity cesspool referred to in paragraph 8. Such transfer, however, shall have no effect on Respondent's obligation to comply with this CA/FO. Respondent shall notify EPA in writing at least thirty (30) days prior to any such transfer of ownership or operation of the large capacity cesspool referred to in paragraph 8. 19. Each undersigned signatory to this Consent Agreement certifies that he or she is duly and fully authorized to enter into and ratify this Consent Agreement. 20. Respondent consents to the issuance of this CA/FO and the conditions specified herein. 21. Respondent waives any right to a hearing under Section 1423(c)(3) of the Act, 42 U.S.C. §300h-2(c)(3) for the violations alleged in the Consent Agreement, to otherwise contest the allegations contained in the Consent Agreement, or to appeal the CA/FO. 22. This CA/FO does not constitute a waiver, suspension, or modification of the requirements of any federal, state, or local statute, regulation, or condition of any permit issued thereunder, including the requirements of the Act and accompanying regulations. 23. Issuance of this CA/FO does not in any case affect the right of EPA to pursue civil or criminal remedies and/or sanctions including appropriate injunctive or other equitable relief and(or penalties, for any violations of law. 24. Issuance of or compliance with this CA/FO does not waive, extinguish, satisfy, or otherwise affect Respondent's obligation to comply with all applicable requirements of the Act, regulations promulgated thereunder, and any order or permit issued thereunder. 25. EPA reserves any and all legal and equitable remedies available to enforce this CA/FO, as well as the right to seek recovery of any costs and attorneys' fees incurred by EPA in any actions against Respondent for noncompliance with this CA/FO. Violation of this CA/FO shall be deemed a violation of the Act. 26. Except as stated in paragraph 24, each party hereto shall bear its own costs and attorneys fees incurred in this proceeding. 4 27. If any event occurs which causes or may cause delays in either: 1) submission of milestone reports or 2) reaching the deadline for closwe of the large capacity cesspool[s], as set forth in Part IILA. of this CA/FO, Respondent shall, within 48 hows of the delay or within 48 hours of Respondent's knowledge of the anticipated delay, whichever is earlier, notify by telephone the EPA Region 9 LCC Project Coordinator or, in her/his absence, the Manager of the EPA Region 9 Ground Water Office. Within fifteen (15) days thereafter, Respondent shall provide in writing the reasons for the delay, the anticipated dwation of the delay, the measwes t<ilcen or to be taken to prevent or minimize the delay, a timetable by which those measures will be implemented. Respondent shall exercise its best efforts to avoid or minimize any delay and any effects of a delay. Failwe to comply with the notice requirement of this paragraph shall preclude Respondent from asserting any claim of force majewe. 28. If EPA agrees that the delay or anticipated delay in compliance with this CA/FO has been or will be caused by circumstances entirely beyond the control of Respondent, the time for performance maybe extended for a period of no longer than the delay resulting from the circwnstances causing the delay. In such event, EPA shall grant, in writing signed by the Manager of the EPA Region 9 Ground Water Office, to the extension of time. An extension of the time for performing an obligation granted by EPA pursuant to this pazagraph shall not, of itself, extend the time for performing a subsequent obligation. 29. In the event that EPA does not agree that a delay in achieving compliance with the requirements of this CA/FO has been or will be caused by circumstances beyond the control of the Respondent, EPA will notify Respondent in writing of its decision and any delays will not be excused. 30. Respondent shall have the burden of demonstrating, by a preponderance of the evidence, that the actual or anticipated delay has been or will be caused by a force majewe event, that the duration of the delay was or will be warranted under the circumstances, that Respondent did exercise or is using its best efforts to avoid and mitigate the effects of the delay, and that Respondent complied with the requirements of this section. 31. All milestone reports and any requests for extension of time required to be submitted pursuant to this CAfFO shall be sent to the following address: I.CC Project Coordinator Ground Water Office, WTR-9 linvironmental Protection Agency 75 Hawthorne Street San Francisco, CA 94105 32. Respondent's closure of the large capacity cesspools listed in Schedule I and submission of the Engineer's Report, by the dates set forth in Schedule 1, shall constitute full and complete satisfaction of this CA/FO. 5 C. Dispute Resolution 33. The dispute resolution procedures of this Section shall be the exclusive mechanism to resolve disputes arising under or with respect to this CA/FO. 34. If Respondent disagrees, in whole or in part, with any decision by EPA under this CA/FO, Respondent's Project Coordinator or equivalent shall orally notify EPA's LCC Coordinator of the dispute ("Project Coordinators"). The Project Coordinators shall use their best efforts to informally and in good faith resolve all disputes or difference of opinion relating to this CA/FO. The period for informal negotiations shall not exceed ten (10) business days from the time the dispute arises, unless i1 is modified by written agreement of the parties. 35. In the event that the Project Coordinators cannot resolve a dispute by informal negotiations under the preceding pazagraph, Respondent may pursue the matter by submitting its objection to EPA in writing. Respondent must send its written objections to EPA within seven (7) business days of Respondent's receipt of the EPA's decision referred to in the previous paragraph. Respondent's written objections must set forth the specific points of the dispute, the basis for Respondent's position and any matters which it considers necessary for EPA's determination. If Respondent does not invoke formal dispute resolution within seven (7) business days, EPA's decision shall be binding on Respondent. 36. EPA and Respondent shall have ten (10) business days from receipt of Respondent's written objections to attempt to resolve the dispute through formal discussions. During such time, if Respondent so requests, the Associate Director, Water Division, will meet with Respondent in person to discuss the dispute either by telephone or at EPA's offices in San Francisco unless another location is mutually agreed upon. 37. Within twenty 12U) business days of EPA's receipt of Respondent's written objections, EPA, through its Associate Director, Water Division, will provide to Respondent in writing EPA's decision on the pending dispute. 38. If the Respondent disagrees with the written decision, the Respondent may, within ten (10) business days of receipt of the written decision, appeal to the Director, Water Division. Respondent's appeal must set forth the specific points of the dispute, the basis for Respondent's position and any matters which it considers necessary for EPA's determination. Within thirty (30) business days of receipt of the appeal, the Director, Water Division will issue a written decision which shall be the final decision and which EPA and Respondent agree to be bound by and to follow. 39. The Parties may, by mutual written agreement, extend any of the time periods provided for in the dispute resolution process. 6 40. EPA and Respondent have agreed to the foregoing dispute resolution procedures solely for the purposes, and based on the unique circumstances, of this CA/FO. D. Effective Date 4] . The effective date of the CA/FO shall be the date that the Final Order is signed. FOR THE CONSENTING PARTIES: For County of Hawaii, Department of Public Works RECOMMEND APPROVAL: /~C.` Date: _ 7~oS BRUCE McCLURE, Director Department of Public Works APPROVED AS TO FORM AND LEGALITY: ~ji r7 r ~C~~ Date: _ 7e,S~ BOBBY JEAN LEITHEAD-TODD Deputy Corporation Counsel r~f-~~~~61~ Date: $EP 0 1 2005 _ ~ t)rfitE RA°rrn ~ - °""i°~ PJ'rAo County of Hawaii 25 Aupuni Street Hilo, HI 96720 For the United States Enviromnental Protection Agency: Date: q/q~os ~(AL XIS RAUSS Director, Water Division U.S. Enviromnental Protection Agency 75 Hawthorne Street San Francisco, CA 94105 7 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this ~ day of S ~ e.~..,- , 2005, before me personally appeared DIXIE KAETSU, to me personally known, who, being by me duly sworn, did say that she is the Managing Director of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (2000), as amended, and assigned by the Mayor to the Managing Director pursuant to Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged said instrument to be the free act and deed of said County of Hawaii. JEAN IERNES Notary Public, State of Hawaii My commission expires: 11/1/2005 ~,i~ ,'G Pp,,,,. r~- ~ i f, V FINAL ORDER The United States Environmental Protection Agency Region IX ("EPA"), and County of Hawaii, Department of Public Works, having entered into the foregoing Consent Agreement, and EPA having duly publicly noticed the Stipulations and Findings and Proposed Order regarding the matters alleged therein, IT IS HEREBY ORDERED THAT: 1. The foregoing Consent Agreement and this Final Order (Docket No.UIC-AO- 2005- ) be entered; and 2. Respondent, County of Hawaii, Department of Public Works, shall comply with the requirements set forth in the Consent Agreement and Proposed Order, which shall become final and effective on the date it is signed below. ~-.t%vw~'~° r v ~frf~J Date: 26 ~ f. 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B i'. 5 u a gg S: ~ S ~ ei4 i e 9 9 4- 9 ~ S f a 4 - g_ - m °a S 5 °0 5'::5 ~ D ~1 m : r a n m ~ - - - ~ - - _ D O L1 > m ;a A m = s v a O a r O v r Z I ~ o (1 _ - - - _ _ _ m a ~ n ~ ~ - m ~ g i ~ ':g ' m :v _ ~ ; - b 3 S g L. o $ :i . a Li ~1 ~ ~i { : J I TTS]T L+ 7 w UNITED STATES ENVIRONMENTAL PROTECTION AGENCY o ~o' HEOION IX °°°`EG 75 Hawthame Street San Francisco, CA 94105.3901 15 November 2005 Honorable Mayor Hany Kim Mayor, County of Hawaii 25 Aupuni Street Hilo, HI 96740 Subject: Consent Agreement and Final Order, Docket No. UIC AO-2005-0014 Dear Mayor Kim: Enclosed is a copy of the signed Consent Agreement, which addresses the closure of the large capacity cesspools owned and/or operated by the County of Hawaii, Department of Environmental Management. This Consent Agreement is subject to public notice requirements pursuant to Section 1423(c)(3)(B) of the Safe Drinking Water Act, 42 U.S.C. § 300h-2(c)(3)(B), and will be placed on EPA's website for public review and comment for 30 days. If EPA receives no comments, I will sign the Final Order upon conclusion of the public review period. A copy of the signed Final Order, which will become effective 30 days after signature, will be forwarded to you at that time. I appreciate the efforts you and your staff have put into establishing this agreement and developing a plan to achieve compliance with EPA's regulations. Please direct any technical questions to Laura Tom Bose at (415) 972- 3538 and legal questions to Elizabeth LaBlanc, EPA Office of Regional Counsel, at (415) 972-3915. Sincerely yours, Alexis Strauss Director, Water Division Enclosures cc: Bobby Jean Leithead-Todd Printed on Recycled Poper UNITED STATES ENVIIZONMENTAL PROTECTION AGENCY REGION IX 1N THE MATTER OF ~ DOCKET NO. UIC-AO-2005-0014 County of Hawaii, ~ CONSENT AGREEMENT Department of Environmental Management, ~ Hilo, HI ~ AND FINAL ORDER Proceedings under Section 1423(c) ~ of the Safe Drinking W ater Act, ~ 42 U.S.C. § 300h-2(c) ~ CONSENT AGREEMENT L STATUTORY AUTHORITY This Consent Agreement and Final Order is issued under the authorities vested in the Administrator of the United States Environmental Protection Agency ("EPA") by Sections 1423(c) and 1445(a) of the Safe Drinking Water Act (the "Act"), 42 U.S.C. 300h-2(c), 300j- 4(a). The Administrator has delegated these authorities to the Regional Administrator of EPA Region D{. The Regional Administrator in turn has delegated these authorities to the Director of the Water Division, EPA Region LY. In accordance with these authorities, the Director of the Water Division, EPA Region lX, hereby issues, and the County of Hawaii, Department of Environmental Management ("Respondent" or "DEM") hereby agrees to the issuance of this Consent Agreement and Final Order. II. STIPULATIONS AND FINDINGS Respondent, County of Hawaii DEM, stipulates, and EPA finds as follows: 1. Pursuant to Part C of the Act, 42 U.S.C. 300h-300h-8, EPA has promulgated regulations establishing minimum requirements for Underground Injection Control("UIC") programs to prevent underground injection which endangers drinking water sources. These regulations are set forth at 40 C.F.R. Part 144. 2. "Underground injection" means the subsurface emplacement of fluids by well injection. 42 U.S.C. § 300h(d)(1), 40 C.F.R. § 144.3. 3. Pursuant to 40 C.F.R. § 144.88, existing large capacity cesspools ("LCCs") are required to be closed no later than April 5, 2005. "Large capacity cesspools" include "multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes, containing human excreta, which have an open bottom and sometimes perforated sides." 40 C.F.R. § 144,81(2). Large capacity cesspools do not include single family residential cesspools, or non-residential cesspools which receive solely sanitary waste and have the capacity to serve fewer than 20 persons per day. Id. A "cesspool," is a "drywell," which in turn is a "well," as those terms are defined in 40 C.F.R. § 144.3. 4. Pursuant to Section 1422(c) of the Act, 42 U.S.C. § 300h-1(c), and 40 C.F.R. Part 147 Subpart M, Section 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. 5. Pursuant to Section 1423(c)(1) of the Act, 42 U.S.C. § 300h-2(c)(I), EPA may assess an administrative compliance order to any person who violates any requirement of an applicable UIC program. 42 U.S.C. § 300h-2(c)(1). 6. Pursuant to Section 1445(a)(1)(A) of the Act, 42 U.S.C. § 300j-4(a), EPA may require any person who is subject to the requirements of the Act to submit information relating to such person's compliance with the requirements of the Act. 42 u.s.c. § 3og-a(a)(1>(A>. 7. Respondent, County of Hawaii DEM is a department of the County of Hawaii, which is a State of Hawaii municipality. Thus, Respondent is a "person" within the meaning of Section 1401(12) of the SDWA, 42 U.S.C. § 300f(12), and 40 C.F.R. § 144.3. 8. Respondent owns and operates 301azge capacity cesspools. The lazge capacity cesspools owned and operated by Respondent are listed in paragraph 13. 9. Respondent did not close the large capacity cesspools referred to in paragraph 13 by Apri15, 2005 as required by 40 C.F.R. § 144.88. 10. Respondent intends to undertake the measures outlined in paragraph 12 by the dates specified in order to close the lazge capacity cesspools referred to in paragraph 13. 11. Based on all the foregoing, Respondent has violated the requirement that all large capacity cesspools be closed by Apri15, 2005, and is therefore in violation of 40 C.F.R. § 144.88. 2 III. PROPOSED ORDER Respondent, County of Hawaii, DEM, and EPA agree to the following, which, upon issuance of the Final Order, shall become effective: A. Compliance Requirements 12. In accordance with 40 C.F.R. § 144.89(a), Respondent shall close the large capacity cesspools listed in: (a) pazagraph 13.A. below no later than December 30, 2005 and submit an Engineer's Report for those large capacity cesspools no later than March 1, 2006; (b) pazagraph 13.B. below no later than January 1, 2009 and submit an Engineer's Report for those lazge capacity cesspools no later than April 1, 2009; (c) paragraph 13.C. below no later than September 1, 2010 and submit an Engineer's Repoli for those large capacity cesspools no later than December 1, 2010; and (d) paragraph 13.D. no later than June 1, 2010 and submit an Engineer's Report for those large capacity cesspools no later than September 1, 2010. All Engineer's reports for paragraphs 13.B, 13.C. and 13.D. shall contain a description of the infrastructure constructed and identify all parcels, by TMK, that will be served by the new system. For all large capacity cesspools in paragraph 13, the Engineer's reports shall also include: a description of the cesspool closed including dimensions and condition of the cesspool; a notation as to whether ground water was encountered or solids had accumulated; a specific date the cesspool was filled; and the specific backfill material used. Pictures of the cesspool closure prior to, during and after compaction, at a step back distance of 8 and 20 feet, shall be provided. Closures of all lazge capacity cesspools with flows greater than 1000 gallons per day must be done in conformance of the Hawaii Department of Health ("HDOH") UIC requirements. For those large capacity cesspools subject to the HDOH UIC requirements, a copy of the completed HDOH UIC closure report shall be submitted to document the closure. 13. Respondent shall submit semi-annual reports, in accordance with pazagraph I S below, beginning July 1, 2006, confirming that the milestones set forth in this pazagraph have been met. The semi-annual reports shall be sent to EPA within thirty (30) days of January 1 and July 1 of each year until all lazge capacity cesspools listed in this pazagraph and Attachments 1 (Komohana Heights LCC Project} and 2 (Queen Liliuokalani LCC Project), attached hereto and incorporated by reference, have been closed and the Engineering Reports submitted. 3 A. Sewer Pump Stations. Three (3) lazge capacity cesspools: i. Banyan Sewer Pump Station, TMK 2-1-OLlOI ii. Onekahakaha Sewer Pump Station, TMK 2-1-14:036 iii. Kolea Sewer Pump Station, TMK 2-1-17:018 shall be closed in accordance with the following schedule: Final Inspection: December 30, 2005 LCC Closure: December 30, 2005 Engineer's Report: March 1, 2006 B. Komohana Heights Subdivision. Two (2) large capacity cesspools serving 27 properties listed in Attachment 1 (Komohana Heights LCC Project), attached hereto and incorporated by reference, shall be closed in accordance with the following schedule: Design Completed: March 30, '2006 Approval to Construct: March 30, 2007 Bidding Start: June 30, 2007 Construction Start: October 1, 2007 Final Inspection: October 1, 2008 LCC Closure: January 1, 2009 Engineer's Report: April 1, 2009 C. Honokaa LCC Conversion Project. Seven (7) lazge capacity cesspools: i. Honokaa Fire Station, TMK 4-5-06:003 ii. Hamakua Police Station, TMK 4-5-06:003 iii. Hamakua County Garage (Baseyard), TMK 4-5-06:003 iv. Honokaa Park/Gym, TMK 4-5-10:088, 090 v. Honokaa Track Field, TMK 4-5-10:088, 090 vi. Honokaa Ball Field, TMK 4-5-I 0:088, 090 vii. Honokaa Swimming Pool, TMK 4-5-03:020 shall be closed in accordance with the following schedule: Design Completed: December 1, 2007 Approval to Construct: December 1, 2008 Bidding Start: March 1, 2009 Construction Start: June 1, 2009 Final Inspection: June 1, 2010 LCC Closure: September 1, 2010 4 Engineer's Report: December 1, 2010 hi addition to the seven (7) large capacity cesspools listed above, DEM will be completing the Honokaa Preliminary Engineering Report, whereby DEM will evaluate sewer alignment and treatment alternatives in study areas 1 and 2 shown in Attachment 3 (Figure 1-1, Honokaa Wastewater PER), attached hereto and incorporated by reference. A copy of the Honokaa Preliminary Engineering Report ("Honokaa PER") will be submitted to EPA by Mazch 28, 2006. A list of all properties by TMK and address that will be eligible to connect to the sewer will be submitted by March 28, 2006. Within 30 days of completion of the Honokaa PER, DEM shall notify all Honokaa property owners within the study area who are eligible to connect to the sewer of such availability. DEM shall also notify all Honokaa property owners within the study area NOT eligible to connect to the sewer. A copy of all letters shall be submitted to the LCC Coordinator, at the address listed below, within 30 days of the mailing of such letters. All letters shall include the TMK and the address ofthe property to which the letters refer. DEM shall also provide verification of the properties, including TMK number, which connect to the sewer within 180 days after letter notification to connect to the sewer. D. Queen Liliuokalani Subdivision. Eighteen (18) large capacity cesspools serving 124 properties listed in Attachment 2 (Queen Liliuokalani LCC Project), attached hereto and incorporated by reference, shall be closed in accordance with the following schedule: Design Completed: March 01, 2007 Approval to Construct: March 1, 2008 Bidding Start: June 1, 2008 Construction Start: October 1, 2008 Final Inspection: March 1, 2010 LCC Closure: June 1, 2010 Engineer's Report: September 1, 2010 Tn addition to the eighteen (18) lazge capacity cesspools listed above, DEM will be initiating a Queen Liliuokalani Preliminary Engineering Repor[ ("Queen Liliuokalani PER") by December 15, 2005. In the Queen Liliuokalani PER, DEM will evaluate sewer alignment and treatment alternatives for the Queen Liliuokalani subdivision which will allow properties in the study area as defined in Attachment 4 (Queen Liliuokalani Project), attached hereto and incorporated by reference, to connect to the newly constructed sewer line. A copy of the Queen Liliuokalani PER will be submitted to EPA by July 15, 2006. A list of all properties that will be eligible to connect to the sewer, including TMK and 5 address, will be submitted by July 15, 2006. Within 30 days of completion of the Queen Liliuokalani PER, DEM shall notify all property owners within the study area who are eligible to connect to the sewer of such availability. DEM shall also notify all property owners within the study area NOT eligible to connect to the sewer. A copy of these letters shall be submitted to the LCC Coordinator, at the address listed below, within 30 days of the mailing of such letters. All letters shall include the TMK and the address of the property to which the letters refer. DEM shall provide verification of the properties, including the TMK and the address of the property, which actually connect to the sewer, within 180 days after letter notification to connect to the sewer. 14. If the alternative treatment technology is a septic tank system, an effluent filter is required prior to disposal into the leach field or seepage pit. 15. Such submittals shall be in writing and shall be sent to: LCC Project Coordinator Ground Water Office, WTR-9 U.S. Environmental Protection Agency 75 Hawthorne Street San Francisco, CA 94105 and shall include the following certification signed by a duly authorized representative: "I certify under penalty of law that this document and all attachments were prepazed by direct supervision or in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, I certify that the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." B. General Provisions 16. For the purpose of this proceeding, Respondent admits the jurisdictional 6 allegations of the Consent Agreement and agrees not to contest, in any administrative or judicial forum, EPA's jurisdiction to enter into this CA/FO. 17. The provisions of this CA/FO shall be binding upon Respondent, its officers, directors, agents, servants, authorized representatives, employees, and successors or assigns. Action or inaction of any persons, firms, contractors, employees, agents, or corporations acting under, through, or for Respondent shall not excuse any failure of Respondent to fully perform its obligations under this CA/FO. 18. Respondent shall give notice, and provide a copy of this CA/FO, to any successor-in-interest prior to transfer of ownership or operation of any large capacity cesspool referred to in paragraph 13. Such transfer, however, shall have no effect on Respondent's obligation to comply with this CA/FO. Respondent shall notify EPA in writing at least thirty (30) days prior to any such transfer of ownership or operation of any large capacity cesspool refen-ed to in paragraph 13. 19. Each undersigned signatory to this Consent Agreement certifies that he or she is duly and fully authorized to enter into and ratify this Consent Agreement. 20. Respondent consents to the issuance of this CA/FO and the conditions specified herein. 21. Respondent waives any right to a hearing under Section 1423(c)(3) of the Act, 42 U.S.C. § 300h-2(c)(3) for the violations alleged in the Consent Agreement, to otherwise contest the allegations contained in the Consent Agreement, or to appeal the CA/FO. 22. This CA/FO does not constitute a waiver, suspension, or modification of the requirements of any federal, state, or local statute, regulation, or condition of a~iy permit issued thereunder, including the requirements of the Act and accompanying regulations. 23. Issuance of this CA/FO does not in any case affect the right of EPA to pursue civil or criminal remedies and/or sanctions including appropriate injunctive or other equitable relief and/or penalties, for any violations of law. 24. Issuance of or compliance with this CA/FO does not waive, extinguish, satisfy, or otherwise affect Respondent's obligation to comply with al] 7 applicable requirements of the Act, regulations promulgated thereunder, and any order or permit issued thereunder. 25. EPA reserves any and all legal and equitable remedies available to enforce this CA1FQ as well as the right to seek recovery of any costs and attorneys' fees incurred by EPA in any actions against Respondent for noncompliance with this CA/FO. Violation of this CA/FO shall be deemed a violation of the Act. 26. Except as stated in paragraph 25, each party hereto shall bear its own costs and attorneys fees incurred in this proceeding. 27. If any event occurs which causes or may cause delays in either: 1) submission of milestone reports; or 2) reaching the deadline for closure of the large capacity cesspooljs], as set forth in paragraph 13 of this CA/FO, Respondent shall, within two (2) business days of the delay or within two (2) business days of Respondent's knowledge of the anticipated delay, whichever is earlier, notify by telephone or voicemail the EPA Region 9 LCC Project Coordinator or, in her/his absence, the Manager of the EPA Region 9 Ground Water Office. Within fifteen (IS) business days thereafter, Respondent shall provide in writing the reasons for the delay, the anticipated duration of the delay, the measures taken or to be taken to prevent or minimize the delay, and a timetable by which those measures will be implemented. Respondent shall exercise its best efforts to avoid or minimize any delay and any effects of a delay. Failure to comply with the notice requirement of this paragraph shall preclude Respondent from asserting any claim of force majeure. 28. If EPA agrees that the delay or anticipated delay in compliance with this CA/FO has been or will be caused by circumstances entirely beyond the control of Respondent, the time for performance maybe extended for a period of no longer than the delay resulting from the circumstances causing the delay. In such event, EPA shall grant in writing, signed by the Manager of the EPA Region 9 Ground Water Office, the extension of time. An extension of the time for performing an obligation granted by EPA pursuant to this paragraph shall not, of itself, extend the time for performing a subsequent obligation. 29. In the event that EPA does not agree that a delay in achieving compliance with the requirements of this CA/FO has been or will be caused by circumstances beyond the control of the Respondent, EPA will notify Respondent in writing of its decision and any delays will not be excused. 30. Respondent shall have the burden of demonstrating, by a preponderance 8 of the evidence, that the actual or anticipated delay has been or will be caused by a force majeure event, that the duration of the delay was or will be warranted under the circumstances, that Respondent did exercise or is using its best efforts to avoid and mitigate the effects of the delay, and that Respondent complied with the requirements of this section. 31. All milestone reports and any requests for extension of time required to be submitted pursuant to this CA/FO shall be sent to the following address: LCC Project Coordinator Ground Water Office, WTR-9 U.S. Environmental Protection Agency 75 Hawthorne Street San Francisco, CA 94105 32. Respondent's closure of the large capacity cesspools listed paragraph 13 and submission of the Engineer's Report, by the dates set forth in paragraph 12 & 13, shall constitute full and complete satisfaction of this CA/FO. C. Dispute Resolution 33. The dispute resolution procedures of this section shall be the exclusive mechanism to resolve disputes arising under or with respect to this CA/F0. 34. If Respondent disagrees, in whole or in part, with any decision by EPA under this CA/FO, Respondent's Project Coordinator or equivalent shall orally notify EPA's LCC Coordinator of the dispute ("Project Coordinators"). The Project Coordinators shall use their best efforts to informally and in good faith resolve all disputes or difference of opinion relating to this CA/FO. The period for informal negotiations shall not exceed ten (10) business days from the time the dispute arises, unless it is modified by written agreement of the parties. 35. In the event that the Project Coordinators cannot resolve a dispute by informal negotiations under the preceding pazagraph, Respondent may pursue the matter by submitting its objection to EPA in writing. Respondent must send its written objections to EPA within seven (7) business days of Respondent's receipt of the EPA's decision referred to in the previous paragraph. Respondent's written objections must set forth the specific points of the dispute, the basis for Respondent's position and 9 any matters which it considers necessary for EPA's determination. if Respondent does not invoke formal dispute resolution within seven (7) business days, EPA's decision shall be binding on Respondent. 36. EPA and Respondent shall have ten (10) business days from receipt of Respondent's wririen objections to attempt to resolve the dispute through formal discussions. During such time, if Respondent so requests, the Associate Director, Water Division, will meet with Respondent to discuss the dispute either by telephone or at EPA's offices in San Francisco unless another location is mutually agreed upon. 37. Within twenty (20) business days of EPA's receipt of Respondent's written objections, EPA, through its Associate Director, Water Division, will provide to Respondent, in writing, EPA's decision on the pending dispute. 38. If the Respondent disagrees with the written decision, the Respondent may, within ten (10) business days of receipt of the written decision, appeal to the Director, Water Division. Respondent's appeal must set forth the specific points of the dispute, the basis for Respondent's position and any matters which it considers necessary for EPA's determination. Within thirty (30) business days of receipt of the appeal, the Director, Water Division will issue a written decision which shall be the final decision and which EPA and Respondent agree to be bound by and to follow. 39. The Parties may, by mutual written agreement, extend any of the time periods provided for in the dispute resolution process. 40. EPA and Respondent have agreed to the foregoing dispute resolution procedures solely for the purposes, and based on the unique circumstances, of this CA/FO. D. Effective Date Al. The effective date of the CA1F0 shall be 30 days from the date that the Final Order is issued. 10 FOR THE CONSENTING PARTIES: For County of Hawaii, Department of Environmental Management RECOMMEND APPROVAL: jf~Z^' Date:_ / O.f ~ BARBARA BELL, Director Department of Environmental Management APPROVED AS TO FORM AND LEGALITY: ~/J ~ Date: 7~5 OB ' AN LEITHEAD-TODD Deputy Corporation Counsel l~ Date:_ ~ ~ d s DLYIE KAETSU Managing Director, County of Hawaii 25 Aupuni Streei Hilo, HI 96720 For the United States Environmental Protection Agency: -~~Z~ti~~~y~ _ Date: /o~ ~n'. 20t~ 1 Alexis Strauss Director, Water Division U.S. Environmental Protection Agency 75 Hawthorne Street San Francisco, CA 94105 it STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this 8th day of November 2005, before me personally appeared DIXIE KAETSU, to me personally known, who, being by me duly sworn, did say that she is the Managing Director of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (2000), as amended, and assigned by the Mayor to the Managing Director pursuant to Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged said instrument to be the free act and deed of said County of Hawaii. iu"GGr ~ . OATH . CORREIA Notar ublic, State of Hawaii My commission expires: 10/13/06 p~~~'~ CpR~~/ =•aoTaRr.9 r~"O :t~ AV B 4~C ~ Slq~.~•~~P~ ~ OF N~ FINAL ORDER The United States Environmental Protection Agency Region IX ("EPA"), and County of Hawaii, Department of Environmental Management, having entered into the foregoing Consent Agreement, and EPA having duly publicly noticed the Stipulations and Findings and Proposed Order regarding the matters alleged therein, IT 1S HEREBY ORDERED THAT: 1. The foregoing Consent Agreement and this Final Order (Docket No.UIC- AO-2005-0014) be entered; and 2. Respondent, County of Hawaii, Department of Environmental Management, shall comply with the requirements set forth in the Consent Agreement and Proposed Order, which shall become final and effective thirty 30") days from the date it is signed below. _ Date:_ Alexis Strauss Director, Water Division U.S. Environmental Protection Agency 75 Hawthorne Street San Francisco, CA 94105 KOMOHONA HEIGHTS LCC PROJECT parcel Number Andress Main Add?sss Cit Address State 9 2-3„04$.A07 ? " e 4~8fi~1 @Lw; Hilo - < ljl; 2 2-3-048:008 420 HUALI PL Hilo HI ~ 2z3?+x48~Q~,. ~ ' !#'i~'x~iUf~Li Pl - - H+Ip ~ - ~ FiC 4 2-3-048:010 416 HUALI PL Hilo HI 5 2- ~3+~+tf 11 , 4(f9'~f'l1lf~I.CI'Pl s Gila Flt 6 2-3-048:012 370 HUALI PL Hilo Hf 7 2-3=098~Q13 - 364 HUl4L~ P•,L ' Hifo HI 8 2-3-048:014 358 HUALI PL Hilo HI 9 2-304'8 Q15 : 3~3=~'1UA~f}PL"'' ~ Ntb'~-:.. • ~ % HI- 10 2-3-048:016 334 HUALI WAY Hilo HI 11 2-3=U4$Ot7: `332`.#-11J/~414SfAAY Hilo,. Ht ' 12 2-3-048:018 330 HUALI WAY Hilo HI 1'3 2~3` 0`4819 „ ` 32~}:~(UA'L l.1!ilfsl~ . Hiip, HI 14 2-3-048:020 320 HUALI WAY Hilo HI 15 2=3~048:02~t 31$;HUIkLGVtiIAY ° HOo HI 16 2-3-048:022 321 HUALI WAY Hilo HI n 2=3-oas:oi3 323F~gP~1:VA1 , : pia . HI 18 2-3-048:024 335 HUALI WAY Hila HI 19 2-3-04&025 ` 373'HUALI PL Hilo HI 20 2-3-048:026 377 HUALI PL Hilo HI 21 2-3-R4&:027 ~ 381'•FIUhCI,PL ~ Hilo HI: 22 2-3-048:028 393 HUALI PL Hilo HI 23,- 2'=3=048:D29- . ~ 3997iUAkF;PC~ ° ~Hllo: ~ HI 24 2-3-048:030 401 HUALI PL Hilo HI 25 2'=~048.Q3'~. ~`,403~T~UALIP(i Hilb~ . ' ~ H( 26 2-3-048:032 411 HUALI PL Hito HI 27 2-3-048:033 a15`HUALI pl Hilo HI ATTACHMENT 1 QUEEN LILIUOKALANI LGC PROJECT ParcellVnmb+tr ABdre~s Matn Address Gif Address State 7 7-4-013:OD1 74-5167}KANAi"PL Kona H( 2 7-4-013:002 74-5169 KANAI PL Kona HI 3 7-4-013:OQ3 : 74=~71,KANAtPL Kona`.. HI " 4 7.4-013:004 745175 KANAI PL Kona HI 5 Z-4-01:3;005, 7Q 5:1`75'fG~~JP~( PL Kona Fil 6 7-4-013:006 74-5183 KANAI PL Kona HI 7 7-4=013;AD7` 74-5185 KRPIAIF?L Kona• HI " 8 7-4-013:008 74-5187 KANAI PL Kona HI 9 7=4'-0131009 ` 74=5189 jCANA1 i?L Kona HI 10 7-4-013:010 74-5191 KANAI PL Kona HI ti 7-4-013:di1 74'`~'~~,lf,~NAi'P,l Kona HI 12 7-4-013:012 74-5195 I(ANAI PL Kona HI 13 7-4-01:3:13'(3: ;'4~b'i9@KANAI>P.L ; lCaaa HI 14 7-4-013:014 74-5196 KANAI PL Kona HI 15 7-4-013:015 ` 74.894 KANAI:PL 'Kona HI i6 7-4-073:016 74-5792 KANAI PL Kona HI t7 7-4.01.3:017 24.5.190 KANAi PL Kona. HI 78 7-4-013:018 74-5188 KANAI PL Kona HI 19 7-4-013:019 ~ ~ 74:5]86iNANR(PL~ `Kona HI 20 7-4-073:020 74-5184 KANAI PL Kona HI 21 7-4-013:02:1- 7.¢.3182 KANIU,:PL Kona HI 22 7-4-013:022 74-5180 KANAI PL Kona HI 23 7;4-0631:023. 7A=5~178;KANAL-p1., ~ ~ ~ lfona ~ HI 24 7-4-013:024 74-5176 KANAI PL Kona HI 25 7-4-D13'025 74-5174`KANA1 PL Kona HI 26 7-4-013:026 74-5172 KANAI PL Kona HI 27 , 7-4-013:027. 74-5170 KANAI.PL ' Kona HI 28 7-4-D13:028 74-5168 KANA1 PL Kona HI 29 7-4.013"x029 ' 7~4-5155 P~1tfOKALIU PC Kona HI 30 7-4-013:030 74-5163 PUUOKALIU PL Kona HI 31 7-4-0ti3;031 ' 74=5161' PUUbICpiCtU`PL ` :Kona HI 32 7-4-013:032 74-5159 PUUOKALIU PL Kona HI 33 ~ 7-4-013:033 ~ 74-5'YSTPUCIO(~k4JU PL Kona Ht 34 7-4-013:034 74-5155 PUUOKALIU PL Kona HI 35 7-4-013:035 74-5153P000IFALIU PL Kona HI 36 7-4-013:036 74-5156 PUUOKALIU PL Kona ~ HI 37 7-4-013~D37 74-5158 PUUOKALIUPL Kona HI _ 38 7-4-073:038 74-5160 PUUOKALIU PL Kona HI 39 7-4-013;039 74-5162 PUUOKALIU PL Kona _ HI 40 7-4-013:04D 74-5164 PUUOKALIU PL Kona _ HI l ~ 41 7-4-013:041 74-5166 PUUOKAUU PL Kona _ HI 42 7-4-013:042 74-5163 HOKULII PL Kona ~HI Page ATTACHMENT ? QUEEN LILIUOKALANI LCC PROJECT , , Parcel Nufnt3eK 'AddtesaMam Addr`ess'Cit r' Address Sfate d3 ' 7-4-0`F3 043 r ~ 74=51fi9"FIOK ` ttt'PL ~ Kona . ° Hi, 44 7-4-013:044 74-5157 HOKULII PL Kona HI 46 . T=4;X1# 045 -155 HOK~1~-11 PL , ; c Kona' HI 46 7-4-013:046 74-5153 HOKULII PL Kona HI 47 7"-4~}}`~ p~~ ' 'I q~ ~;I~~PE ~ Koi1~, FII 48 7-4-013:048 74-5149 HOKULII PL Kona HI 49:1+ 7,4t3:0~9~ . ~ ,~0?~I~LIikIxL'.., > `s"~. 4 Gria's I'm , 50 7-4-013:050 74-5145 HOKULII PL Kona HI 51 7.4?0,~~°.~1 74'~a ~kU~.ttrFL: Kana ; , i FII 52 7-4-013:052 74-5146 HOKULII PL Kona HI sa 7~-4'2 s3 , ° ~ ~ . ~=~~~e H~K . ~Coi1a N°i 54 7-4-013:054 74-5150 HOKULII PL Kona HI 56 7-4-013:056 74-5154 HOKULiI PL Kona HI 57 y 7,4=~`~`~ iur.;r ~4=s{58.' ` i ,PC , Kona.,. kl 58 7-4-013:058 74-5158 HOKULiI PL Kona HI 59 7.4`OS3D~9 7~6aQ >C~= KIJLII PL. °oYaa`' . HI 60 7-4-013:060 74-5162 HOKULII PL Kona HI et =1l=013.061 -s ~ , 74-~6d~ ~klf PT`~ Kona Hi, 62 7-4-013:062 74-5169 PUUOLOKA'A Kona HI 63 7-4.0'13:063 r Z¢516Z Pl~[IOLOKA>A,• a ' K6ra HF 64 7-4-013:064 74-5163 PUUOLOKA'A Kona HI 65 Z>d=01306§ r4=6`16°f` ~ ,QIS"A'A 1~ona , ~ HI 66 7-4-013:066 74-5157 PUUOLOKA'A Kona HI 67 7=4=01,3'0$7 .7,i-5YA9#3FJ.l'a~LOl~f4'Ar Kona Fii 68 7-4-013:068 74-5147 PUUOLOKA'A Kona HI 69 7r~=f11'3;d6 Z*3-6~~'L~,(7(~G:~)ICl1'PI.PI.a 1(Ona •..:t HI.... 70 7-4-013:070 74-5146 PUUOLOKA'A Kona HI 7'1 7=4=4^F3:671' 7;~6 ~8 ~ O Ok't1 P:' % .Kona ° y i-11 72 7.4-013:072 74-5150 PUUOLOKA'A Kona HI 73 ` 7=4~-0?3.073."' 3 . ; ~ LdU~L~F~"A ~'~~~r ~ns-` r, HI 74 7-4-013:074 74-5156 PUUOLOKA'A Kona HI 75 - 7-4.013:U75 ~ 74=5158'PUllf'TEfSKA~,~ f'.'; Kona ~ ~HI 76 7-4-013:076 74-5160 PUUOLOKA'A Kona HI 77 7-q=013077 7dS162F?UCiOLO{tA'A ".";;:.Kona HI 78 7-4-013:078 74-5164 PUUOLOKA'A Kona HI 79 7-4-013:075 74-5i66PUUOLpKA'A Kona HI 80 7.4-013:080 74-5168 PUUOLOKA'A Kona HI 81 7-4-013:081 ' 74-5~031Z,4(1V1/ELA PL Kona HI 82 7-4-013:082 74-5205 KAUWELA PL Kona HI ' 83 7-4-©13:083 74-5207 KAUWELA PL Kona HI 84 7-4-013:084 74-5209 KAUWELA PL Kona HI Page 2 QUEEN tIL1U0KALAM LCC PROJECT l ` t E 1 Pp 1 ~ Parcel111tiinb@t K w$,,i4ddies"s ain ''?Aitid es5 Gi P,ddt•~~sState '85 7-4-01:3.085 T4: ' ` ' : „ ~A PL ` Kona ~ Hj 86 7-4-013:086 74-5213 KAUWELA PL Kona HI 87 7-4-0!63;087 _ 7;4c521.~'.,:~. .'~;~4,~~~8 _ HI ; 88 7-4-013:088 74-5217 KAUWELA PL Kona HI ~9, ~ 1t~d={3~€ k 7$~ ~ :d.~&~ °~":a . ria` : ~ ~`it. 90 7-4-013:090 74-5221 KAUWELA PL Kona HI ,~6.^t'r*' l7,'-i6rs '6~~t`~ %y 74,:. 'Q` ~:~~1.7~ ~~a, _ HI;, 92 7-4-013:092 74-5218 KAUWELA PL Kona HI 's:3 . 7~o~~dss . ~n A ~~.~d=2~s ru'wir :>=L~+~PL Y o HI 94 7-4-013:094 74-5214KAUWELA PL Kona HI 95 ~-40~~095; _ 'F4:24~~1 ~!;'+PKL.~=•;;,;;a KbriB kit ' 96 713-013:096 74-5210 KAUWELA PL Kona HI 98 7-4-013:098 74-5206KAUWELA PL Kona HI 7-4~0~'f3.b 9 ' : , 74.=520~4,~:.',` s~¢:'~>. Nt 100 7-4-013:100 74-5201 KIHAWAHINE Kona HI ''~I1 , "~4c'"j~6„1, • i.` 74~b~(f~" H6NE , ~ :r'r nn~" r F11 102 7-4-013:102 74-5209 KIHAWAHINE Kona HI ita3 7-a=6~?~~a - '~d~2~ Karfia iii'. 104 7-4-013:104 74-5213 KIHAWAHINE Kona HI 105.7-4-0:Y3'~ 05 ' 74.52't~ K - RF/tfF7E6~6 , - Kona " HI 106 7-4-013:106 74-5217 KIHAWAHINE Kona HI 107 7~!t~13'k3.tA7 74-52t9JCf A L~H6NE r ICo`tfe ` HI 108 7-4-013:108 74-5221 KIHAWAHINE Kona Hf 1b9 7-4-Q.'43'tb3 ' 7 'd~ s' 6#i~~ ~6 Kotie' Cit. 110 7-4-013:110 74-5225 KIHAWAHINE Kona HI 'N 1. 713'=tl^f3'11:i < " 7452~5Ctf~igRVA~#INE 4~dii;~:. . HI 112 7-4-013:112 74-5224 KIHAWAHINE Kona HI 113 7-4=013:113 ` 7?1~220,kC6~1/1 'AHiNE Kona,' ' HI`:: 114 7-4-013:114 74-5218 KIHAWAHINE Kona HI 1.15 7-4<b13:ii5' 7A-521fiI~t~A+/~la~6NE ~{ona"` H6 116 7-4-013:116 74-5214 KIHAWAHINE Kona HI 117 7-4-01.3:117 745212. ~6NftlfilAli6~6~"' Korta HI 118 7-4-013:118 74-5270 KIHAWAHINE Kona HI 119 7c4sOt-3.119 7~~~0& Klk~Pvf~fAHl E ~ Kona HI' 120 7-4-013:120 74-5206 KIHAWAHINE Kona HI 121 7-4-013.121. 7?~=5204 KIHAWAHINE' ~ ~ ~ Kona HI 122 7-4-013:122 74-5202 KIHAWAHINE Kona HI 123 7-4-013x23 124 7-4-073:124 I 125 7-4-011:001 74-5132 NAMAKA PL Kona HI 726 7-4-011:002 74-5134 NAMAKA PL Kona HI Page 3 QUEEN LILIUOKALANI LCC PROJECT ;Patcef hTumber Addre$~'IYlaln'" Address'Cil Address,'Sgte 7=9-019:003 7~;~135~+1k.IVIi4fCA P4 ~'Karia y~ , 7-4-011:004 74-5138 NAMAKA PL Kona H7 7-43;1.005 7¢5140~NRt~tl~f ~Pl:..' f£ona HI - 7-4-011:006 74-5140 PALIHIOLO Kona HI ; :r~`~;is: ?73:~'f3~F Cfl','.~ .Kona.'. ; Fii 7-4-011:008 74-5136 PALIHIOLO Kona HI 7~4~011.,OF1~` . 7.q=,~s''113+Y+ , {P1 . Kara ? ; .Fft 7-4-011:010 74-5132 PALIHIOLO Kona HI 7`-~~11',:4719 ~ . :130'I~~%ItOro f~o>ia'° ~ F11 7-4-011:012 74-5128 PALIHIOLO Kona HI 734-Qt~.OT~ 'r~- A~3~ p~LI~lOlO Kona, c..~. ~ HI` 7-4-011:014 74-5124 PAIIHIOLO YK~ona HI 7~;~;1?F.015 ' ' i~~ . s t [bona' b`" •^%w aw . ~a, r 7-4-011:016 74-5118 PALIHIOLO Kona HI z~0'i:'x.ni7 Zh~31~ '"IHiQLd je ,.:Kclaa;`: tii =7-4-011:018 74-5114 PALIHIOLO Kona HI -7-4<451'019 Y AL~~fi~ ` Kone HI 7-4-011:020 _ 74-5110 PALIHIOLO Kona HI 7.4-0111,0?i " 7d5% 81yi~(:I~YOL£N,='~:,. 1+e611a l=il 7-4-011:022 74-5106 PALIHIOLO Kona HI 3;4-{31; : 'i4ey?1~14.P~41NCOL0 Kbn~'~ HI 7-4-011:024 74-5105 PALIHIOLO Kona HI 7='3=0~<~.'ai5 ~ . 7~'5'14~`1? .t: ~IIOLfl `:s: Kdrtt~,~., HI 7.4-011:026 74-5109 PAIIHIOLO Kona HI ~-4:~1'?Q27s ~ ` "s~t5 i°~r Kona k} 7-4-011:028 ~,~L~? ~v': Kona HI 7-4~ S'I~0~9" ~'x.-..~ Kona HI 7-4-011:030 74-5134 KAALAEA PL Kona HI ' '~-#-'.'1~: 'k'~ 7a~f~ ` , 1'L Kona"; Flj 7-4-011:032 74-5136 KAALAEA PL Kona HI 7=4-D1.1:033 7451"40~ALAEAPL ; Kara HI 7-4-011:034 74-5140 ILUNA PL Kona HI 7-4=019:035 7d=5f38IL'C1AtA:PL'" 'KC)na HI 7-4-011:036 74-5136 ILUNA PL Kona HI ~7-4-U1.1,:037 74=5.134 1CUNA PL >w Kona ~ HI 7-4-011:038 r 7-4-011:040 I ~ 7-4-011:041 Page a ~ I I 1 PR~~E~1 _ ~ I I EX~ TING W STEI4ATEfi' n i ~1 ~ ~ LOCf~?!ON ~ TR TMENT Pij .ANT ' ~9~ , Nash i ~ I 1] / ~ IU ~ ~ J 1 j 1 1 - ~ I 1 `w`"_°" ~ FiAINA 1 ~ v ~ ~ TOWN ~ - ~ ~ ~ / v 1 ~ \ ~ 'y o S ~ II CfIIC oCt.Y ~ DERGROUND i ISLAND OF HAWAII f J'/ ~ O wWtw ~ ECTION CONTROL ~ ^ti* ~ (UIC) LINE LOCANTfON MAP c QI ~ / / s 2 3 4 ~ 2 ~ % t ~ i I l~ ~ ^ti, ~ 2 O 3 i r ~ ~ ~ f/ ~ ~ r~lauraer aNLa Jam- ~ i e ~ ~ ~ , M&E Pacific, Inc. J ` ~ A4ETCALF~EDDY ~ AECOyt ~ GENERAL S T€ L ~ ~ ~ / OFVIES PACIFIC CTA.3TE:`RJ'EII BISM6P ST.1ANCLUIU MAWU: Wi!(3 scuF raisco' Figure 1-1 0 i500 3000 4500 HONOKAA WASTEWATER PER LOChT10N MAP AND GENERAL SITE PLAN i t" = 1500'm = SCALE FEET Sep<ombar Ze, Zoos r ATTACHMENT 3 Queen Liliuokalani Project 1 ~ ~~,~Cr1 ?i'.i~w;ail YH ~ - l-CG Pro~~c(- I ~ ion s 1 ~ . ~AWUC IWSIUi _ V~~ NC(ISE ID I1D VMr - II ~i~ i; ",i ,p ji VIII a 'Y~ ft~. ~ i ~ i~~'ri~~;6!'i ~1 psi F w Lt1~ ww ~~T[R R$E Z 1V~] ' 4 F ~OµN oMt" ~CWMIY~ WWWWW lS1EM'A ~1 ~ IPEFS4EM~ ~ 0 900 1600 NORTn SGtLE ~N f[ET ATTACHMENT 4