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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