HomeMy WebLinkAboutCOM 0660.000 2004-2006 J~~~ or N~~1
~'y ~JU~,
I lam I<im Dixie Kaet,u
Maaoi Managing Ducttur
•i': °~r
"?or';;:."' Barbaro Koslow
Ucpu1~' Nlaiagmg Uirenor
~ountp of ~a~i~i`t
25 /~upum StrccL Room 2U • Hilo, Hawaii 96720-4252 • (808) 9G1-821 I ° rax (808) 961-6i53
RONA_ 7i-1706 Kmikiul Highway. Suite 103 • Kailua-Kona. Ilae a~'I 96740
' (R081329-?226 Pax (R08)326-563
January 23, 2006
The I[onorable Stacy [Iiga, Chairperson, and
Members of the Hawaii County Council
25 Aupuni Street
Milo, Hawaii 96720
Re: Large Capacity Cesspools, F,PA Consent Agreement
Consent Agreement and Final Order, Docket No. UIC AO-2005-0014
Dear Chairperson Higa and Council Members:
On November 22, ?005, I informed you about two consent agreements between the County of
Hawai' i and the sited States Environmental Protection Agency to address the closure of
large capacity cesspools owned and/or operated by the County of Hawaii. One of the consent
agreements covers large capacity cesspools owned and/or operated by the Department of
Environmental Management. This agreement was still subject to public notice requirements
of the Saic Drinking Water Act at the time I last wrote to you.
1 am pleased to iuiorm you that no comments were received by the Environmental Protection
Agency during the public review period, no changes were needed to the agreement, and the
Final Order has been signed by the EPA. The Consent Agreement and Final Order are
effective February 4, 2006. A copy is attached for your information.
Aloha. ~
I arrv Ktnf
MAYOR
.attachment
cc'. Barbaia BeII, Director of Environmental Management
Bobby Jean Leithead-Todd, Deputy Corporation Counsel
Comm. No. boo
Ref. To:
Ref. Date J
I lawei-i County ia~ an equal opportunity prop ida acid employm'.
J~~~EO A~)fS (^V /J)
? ~ v ; X /
o n'~~ Y UNITED STATES ENVIRONMENTAL PROTECTION AGENCY \}`/J-I/
i u~ REGION IX
°A°`~~~ 75 Hawthorne Street
San Francisco, CA 84105.39011
5 January 2006
Honorable Mayor Harry Kim
Mayor, County of Hawait
25 Aupuni Street
Hilo, H1 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 and Final Order, which addresses
the closure of the large capacity cesspools owned and/or operated by the County of Hawaii,
Department of Envirorunental Management. As no wmments were received during the public
review period, no changes were needed to Che agreement and I have signed the Final Order. The
Consent Agreement and Final Order are effective February 4, 2006.
I appreciate the efforts you and your staff have put into aatablishing this agreement and
developing a plan to achieve compliance with EPA's regulations. i look forward to our continued
joint efforts to implement this agreement over the next few years. 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. ~q,,,,~ p... ~e~"~i,~-d-~
Sincerely yours,
Alexis Strauss ~ ~A~w~n~+-i
Director, Water Division - /
Enclosures
cc: Bobbv Jean Leithead-Toth
Pnnfed on Recycled Puper
UNI~fEll ST'nTES ENVIRONMENTAL PRO'CECfION AGENCY
KEGION IX
IN THE MATTEK OF ~ DOCK.E"F NO. UIC-AO-2005-0014
Comity of Hawaii, ~ CONSENT ,4GREEMENT
Department of Environmental Management, ~
Hilo, HI ~ AND FINAL ORDER
Proceedings under Section 1423(c) ~
of the Safe Drinking Water Act, ~
42 U.S.C. § 300h-2(c) ~
CONSENT AGREEME'.NT'
I. 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 "Acf'), a2 U.S.C. 300h-2(c), 300j-
4(a). The Administrator has delegated these authorities to the Regional Administrator of EPA
Region IX. The Regional Administrator in turn has delegated these authorities to the Director of
the Water Division, EPA Region IX. In accordance with these authorities, the Director of the
Water Division, EPA Region IX, 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.
[I. STIPULATIONS AND FINDINGS
Respondent, County oCHawaii DEM, stipulates, and EPA feuds as follows:
] . Pursuant to Part C of the Act, Q2 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. Parl 144.
2. "Underground injection" means the subsurface emplacemait of fluids by well
injection. A2 IJ.SC. ~ 300h(d)(1). 40 C.F.R. § 14-1.3.
3. Pursuant to 4D C.F.R. ~ 144.88. existing large capacity cesspools ("LCCs"1 are
required to he closed no later than Aprii 5.2.005. "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. § ] 44.3.
4. Pursua~it to Section 1422(c) of the Act, 42 U.S.C'. y~ 300h-1(c}, and 40 C.F.A. Part
147 Subpart M, Section 147.601, EPA administers the U]C program in tha State
of Hawaii. This UIC program consists of i.he program requirements of 40 C.F.R.
Parts ] 24, 144, 146, 147 (Subpart M), and 148.
5. Pursuant to Section 1423(c)(I) ofthe Act, 4Z U.S.C. § 300h-2(c)(I), EPA may
assess an administrative compliance order to any person who violates any
requirement ofan applicable UIC program. 42 U_S_C. § 300h-2(c)(1).
6. Pursuant to Section 1445(a)(])(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
infornlation 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 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(13), and 40
C.F.R. § 144.3.
8. Respondent awns and operates 30 large capacity cesspools, The large 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 April 5, 2005 as required by 40 GF.R. § 144.88.
10. Respondent intends to undertake the measures outlined in paragraph 12 by the
dates specified in order to close the large capacity cesspools referred to in
paragraph 13.
i 1. Based on all the foregoing, Respondent has violated the requirement that all 1~ge
capacity cesspools be closed by April 200, and is therefore in violation oi~40
C.F.R. ~ 144.88.
L
lll. PROPOSEllORDER
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) paragraph 13.A. below no later than December
30, 2005 and submit an Engineer's Report for those large capacity cesspools no
later than March 2006; (b) paragraph 13.B. below no later than January 1,
2009 and submit an Engineer's Report for those large capacity cesspools no later
than April 1, 2009; (c) paragraph 13.C. below no later than September 1, 2010
and submit an Engineer's Report 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
l3, 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 S
and ZO feet, shall be provided.
Closures of all large capacity cesspools with flows greater than 1000 gallons per
day must be done in confomlance 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 iJIC closure report shall be
submitted to document the closure.
13. Respondent shall submit semi-amwal reports, in accordance with paragraph 15
below, beguming July 1, 2006, confirming that the milestones set forth in this
paragraph have been met. "the semi-annual reports shall be sent to EPA within
thirty (30) days of January ]and July 1 of each year until all large capacity
cesspools listed in this paragraph and Attachments 1 (Komohana Heights LCC
Project) and 2 (Queen Liliuokalani LCC Project), attached hereto and
incorporated by rclerence, have been closed and the Engineering Reports
submitted.
A. SewerPuinp Stations.'I'hree (3) large capacity cesspools:
i- Banyan Sewer Pump Station, TMK 2-1-01:101
i~- Onekahakaha Sewer Pump Station, TMK 2-1-L4:036
iii. Kolea Sewer Pump Station, TMK 2-1-0:018
shall be closed in accordance with the following schedule:
Final Inspection: December 30, ?_005
LCC Closure: December 30, 2005
Engineer's Report: March 1, 2006
B. Komohana Heights Subdivision. Two (Z) 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 3Q 2007
Bidding Start: June 30, 2007
Construction Start: October I, 2007
Final Inspection: October 1, 2008
LCC Closure: January 1, 2009
Engineer's Report: April 1, 2009
C. Honokaa LCC Conversion Project. Seven i;7) large 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. HonokaaPark/Gym, TMK 4-5-(0:088, 090
v. Honokaa Track Field, TMK 4-5-10:088, 090
vi. Honokaa Ball Field, TMK 4-5-10:088, 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, 2005
Bidding Start: March 1, 2009
Construction Start: June 1, ?009
Final Inspection: June 1, X010
LCC Closure: September 1 2010
4
Engineer's Report: December I , 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 I and 2 shown
in Attachment 3 (Figure 1-l, 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 March 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. ITEM 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 of the 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 I, 2008
Final bispection: March 1, 2010
LCC Closure; June 1, 2010
Engineer's Report: September 1, 2010
]n addition to the eighteen (18} large capacity cesspools listed above. DEM
will be initiating a Queen Liliuokalani Preliminary Engineering Report
("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 Jul} 15, 2606. A list of all
properties that will be eligible to connect to the sewer, including 1'MK and
address. will be submitted by July 1 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.
i4. 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 shat] be in writing and shall be sent to:
LCC Project Coordinator
Ground Water Office, y~TR-9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
and shall include the following certification signed by a duly authorised
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
dial the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. [ am aware that there are
significant penalties for submitting false information, inch.iding
the possibility of fine and imprisonment for knowing violations."
B. General Provisions
16. For the purpose of this proceeding. Respondent admits the jurisdictional
G
allegations oC 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 coq orations 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 referred 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.
2 L 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 CAIFO 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 CAlFO 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
laH .
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 ruluirements of the Act, regulations promulgated thereunder,
and any order or pennil 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/hO. Violation of this CA/FO shall be
deemed a violation of~the Act.
26. Except as stated in paragraph Z5, each party hereto shall bear its ow?
costs and attomeys 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 cesspool[s], as set forth in paragraph 13 of this CA/FQ,
Respondent shall, within two (2) business days of the delay or within two
(21 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) Ground Water Office. Within fifteen (15) business days
thereafter, Respondent shall provide in writing the reasons for the delay,
the anticipated duration of the delay, the measures taken or to betaken 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 minimi2c 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 tnajeure.
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 Vdater 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. Lt 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 tivill notify
Respondeut'in venting of its decision and any delays will not be excused.
30. Respondent shall have the burden of demonstrating, by a preponderance
h
oflhe 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 wattanted 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.
3 L Alt milestone reports and any requests for extension of time required to
be submitted pursuant to this CA/FO shall he sent to the following
address:
LCC Project Coordinator
Ground Water Office, WTR-9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco. CA 94f05
32. Respondent's closure of the large capacity cesspools listed paragraph f3
and submission of the Engineer's Report, by the dates set forth in
paragraph it & 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/F'O.
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 paragraph, Respondent may
pursue the matter by submitting its objection 1.o 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 refen~ed to in
the previous paragraph. Respondent's written objections crust set forth
the spec; fic points of the dispute. the basis for Respondent's position and
0
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 rocet 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. (f 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
4l. The effective date of the CA/FO shall be 30 days from the date that the
Final Order is issued.
l0
FOR TllE CONSENT WG PARTIES:
For County of Hawaii, Department of Environmental Management
RECOMMEND APPROVAL:
l'~ ~
' Date: _
BARBARA BELL, Director
Department of Environmental Management
APPROVED AS TO FORM AND LEGALITY:
~.C.._x-wio~,~ Date: - -
BOBBY JEAN LEITHEAD-TODD
Deputy Corporation Counsel
Date: ~ ~ 0
DU\IE KAETSU
Managing Director, County of Hawaii
25 Aupuni Street
Hilo, Hl 96720
For the United States Environmental Protection Agency:
t:; ~i~ l2a-S ~ r1em;.. s _ _ Date: _ ~ ~ _ %=~r~, 9G ,
Alexis Strauss
Director, Water Division
U.S. Environmental Protectiou Agency
75 Hawthorne Street
San Francisco, CA 94105
!1
S'fA'fE OF HAWAII )
SS.
COUN"fY OF HAWAII )
On this Rth 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 6-13(h) of the County Charter; and said DIXIE
KAETSU acknowledged said instrument to be the free act and deed of said County of Hawaii.
i~ . ~.G`7~~
CATH CORREIA
Notar ublic, State of Hawaii
My commission expires: ] 0!13/06
LPf y~a CORRF~~
~t
urw
e
~ti A C: ~ i.~
O
F ra
FINAL OKDER
The United States Environmental Protection Agency Regian IX ("EPA"), and
County of Hawaii, Department oC Environmental Management, having entered into the
foregoing Consent Agreement, and BPA having duly publicly noticed the Stipulations
and Findings and Proposed Order regarding the matters alleged therein,
IT IS HERESY ORDERED "CHAT,
1. 1'he 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 ft 1s signed below.
_ 7 i
t,l~w ~ c- ' .G=W 1~ Da1C: awa r;.at.~z,a-; 2 L~-_ ~i
AI0XI5 .Strauss
Director, Water Division
U.S. Envirorunental Protection Agency
75 Hawthorne Street
San Francisco, C,4 94(05
KOMOHONA HEIGHTS LCC PROJECT
i
--f
i Parcel Number Address Main Address Cit Address State
1 ?-3-C4&C07 419 HUALI PL Hila HI
'?-;.OaB:00d 420 HUALI PL Hsio ~`i' _
2-3-048:OOp 478 HUALI PL Hilo ~ HI ~
~ • ° 048.010 4 ~ o HURLt PL N+io _Hi _ 1
" l~-y
~5 Z-3.04B'Ot1 408 HUALI PL Hilo !Hi _
,0 ':2-3048 L7t2 _ -~3-'D HUAL' PL H~i~ _ ~H'
- 12-3-C48'013 X364 HUALI PL Hilo HI ~
;5 ~3-3-048:614 358 HUALI i'L H;io ~ i"° '
j9 2-3-048:015 353 HUALI PL Hilo HI J___,
',0 Z-3-04$:0?0 334 HUALIINAY Hd;~ IH~ _
i ! 1 2-3-048:Ot 332 HUALI WRY Hilo ~ HI i
t2 ~2-3-048.07a 330 HURL! N1AY H.1c ~ Hi
.13 2-3-C48:C19 324 HUALI WAY Hilc HI ;
14 ~~-3-G~8:D2U 320 HUALI INA.Y 'N~io
t5 12-3-OCBC21 3S3 HURL( WAY hide ~~~H?~ _
~-3-G48 Q~_'~ ~32t HURLiA'-Y.1Y [Hno Ih`'
2-3-048~D23 ~ 323 HUALV WAY Htlc. !H'~ I
-
?8
,2~:'= 3333_5 HURL! :`«AY f1uC _ _ iti'
~9 2-3-049ii:~ ?;;?3 HU4L( PL H;'` iHi -
2-3-048 ~Z~ 381 HUAL! Pt H:c_i_~'_- -V-- 1
r2" L-3-0•:8.C2S _
39~
J pL t;~,icJ H-
I: 3 2-3-Con-Cz9 3c9 HUALI PL Hifc iH~
--T
i_1 2-3-C=5D3J iDt H'UAJ PL li,l~., _
I25 <-3-048 O ? _ 403 HUALI Pl _ H~'________- _
„`3 2-3-Odfi 03'2 - _ :11 hUAU P'_ 1~'1~_
<i' 2-3-0.9033 i15NliRL!PL h ~ 1HI _
QUEEN LILlUOKALANI LCC PROJECT
- ~
t - Parcel Number f Address Main Address City~_Address State I
-4-013:007 `(74516? KANAI PL Ko.^-a H! I
!_--~-013.01?~ 5!09 KaNAI FL Iu! - 7
~3 ;-4-Ci3:0~3 174-5171 KANA! PL Keno _ _ Hi
14 i'-'-0'3:004 {7»'-5175 KAN,41 PL Ka-~a I
1=• '13-013005 _ 74-Si79 KANAI PL ~Kora~_« IHI
'd `?--1-0i3~00ti d 5783 KANAi PL ~Ko~~a,_ ~I`~t _
7~?-0i3:007 7d-5185 KANAI PL Kona_~ Hf
:a 7-~"--pi3tDOP1 Ind-SiBi KAN:>I PL K~~?a ~H7 ,
I9 ?-4-D73:009 74-5189 KANAt PL Kcna
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110 Ir-4-Oi3:010 _ I73-5191 KANA{ PL Koc~a ~F+'
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1 i 7-4-013.011 74-5193 KANAI PL Kona 1Hi
»-0",3A12 i74-5195 KANAI PL K~I',; ill ~
113 ?-4-013'013 i4-5198 KANAt PL Kona IH!
``-1- '-4-U?3.01-i X74-5156 KANA' PL Korn
~ ?-4-'313.2'5 ?4-SS94 K:NAI PL ke'~a _ 1H'
4~-:-Oi3~0'o _ i r-;-5i92 K.4NAI PL 'RC^= ~
r-a-pl3:Ol ~ 74-5190 KANA" PL Hbt~a yl
itg ~9-1-~i3-Q,8 '7-2-oi88 KANA! PL ho^,.
1^_~ j -4-013019 174-515&KANAIPL Kona i-h%
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C~i` -:-G 13 C2,' ~7-i-5184 riANAt PL K,;:a ~d
21 i-4-013 Q~t _ i4-5182 KANAI AL Kon~ !`i~
I"-, ~~-:-G'%3.J22 174-518D KANA. PL jK;~ra _
!23 ~?-4-Oi3 D23 74-517$ KANHI PL Kunz _ fr,l _ ~
' I'-4-013:J21 _ .4-5176 KANAI Pt Kona
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1_0 ?-4-D13.025 74-5174 K4NAI PL 'Kcna
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2o '-+-D 13.C2o 7:;-st?2 KANr;I PL Ih:~na
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~'7 ;-4-0130'7 _ 7a-5170KANAI FL Ih;ona IN!
~8 ,'-4-u13-~?26 '4-5'68 K.a?,Ai PL iF:o~=~ ,
v9 17-4-015-0=y _ ?4-5165 PUUOKALtU P!_ i<c,13 _ - ,
- 130 ' r'-w-J 13 030 ' %4-5163 PUUCK.dL'U FL i ~~,^a
31 i ~-013 031 ~ '4-510"1 PUUOKALRJ PL tKora i,
13Z T-»-[;11032 ~?4 ~1~9 PUUDKALiU PL (i10 _ r, _
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,33 3y„33 ?4-Si57 PU1JOtC4LiU PL ~K~1 z ,t'+'
~~-i-~-•)'3 v34 74-5155 PUl;Qii>;LIU Pi_ r,CJ:~2 1-~
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?--4-03035 '4-5753PUUC~KALIUP~ ~GCna ~
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I- 4 ~ 7 ~ X74 5?58 P~UvKALt~ F IK- > -
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I Parcel Number Address Main ~ Address Cit'Address Siate
43 7-4-073043 7a-5159 HOKULII PL Kona H!
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14 ~.4-013:044 7^.-5157 HOKULII Pl Kona HI
45 7-4-0'3045 _ ?4-5155 HOKULII PL _ Kond Hi ~i
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4c 7-a-013:046 74-5153 HOKULlf PL Kona ,fN~
47 7-4-073:047 r4-5151 HOKUUI PL Kora _ Hf
48 ~7-4-0 7 3 049 ~74 X749 HOKUId PL Kona HI
49 '-4-013.049 74-5147 HOKULIt PL Kona H1
50 7-4073:D50 7A-5td5 HOKULII PL Kona NI ______j
51 7-4-013:051 74-5743 HOKULiI PL Kona NI }
52 7-4-013.052 745140' HOKUUI PL Kona NI I
53 717-013:053 74-5748 HOKULII PL Kona HI I
54 7-4-073:054 74-5750 HOKUM! PL Kona HI
55 7-4-013:055 745152 HOKULII PL Kona HI _y
06 7-4-013050 ?4-5154 HOKULIf PL Ka1a Ht
57 7-4-013:05; 74-5158 HOKULII PL Kona HI
53 7-4-013.058 74-5158 HOKULIi ?L Kona Nt _
59 7-4-013.05° 74-5760 HOKULII PL Kona _ HI
60 7-4-013.080 74-5762 HOKULII Pl Kona,
67 7-4-013:067 74-5164 HOKULIt PL Kona H: i
G2 7-4-013 Oo2 ?4-5169 PUUOLO_KA'A Kone_ Hi _
83 7 4-Di3-Oo3 %4-5167 PUUOLOKA'A Kona HI
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;3 ~7-4-013'Qo4 745163 PUUULOiCA'A Kona _ IH,
~65 7-4-Oy3:065 74-516~f PUUOLOKA'A Kona ~H'
X60 7-4-013.06~> 7A-757 PUUOLOKA'A K~~i~a
67 7-4-C.iS Oo"7 74-5119 PUUOLOKA'A Kona (NI J
i'-4-C'.3~Oo5 ?4-5147 PUUOLOKA'.4 Kcr.a ~rti _
18_9 7 4-Ot3~069 74-5145 PUUOLOKA'A PL Kc,na ri'• _
iTJ 7-4-013070 73-5746PUUOLOKA'.4 Kura
7I 711-073071 74-5148PUUOLOKA'A Kona %H!
7Z j7~4-Oi3.072 74-5150PUUOLOKA'A Kona --~~H-~~
3 7-A-013 ~?73 74-5152 PUUOLOKA'A Kona I+~~ _ ~
1; ; I~-,-073 07- _ '4-5156 PUUOLOKA'A Kona f`f'
r ~7-4-013 075 ~4-5158 PUUOLOKA'A Kona Nf
>5 17_,-Pi307c. ~4-5'5pPUUOLOKA'4 i.Kors _ ~+I
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,~-4-~fi3`J7. ~?4-5162P000LOK0.'A Kona NI ~
I~ ~ --?'l 1b-1 PUUQiC~Kn:4 ~ v:',~
j ?-4-0 i~ 74 5156 PUUOLOKA'A h'^+~.'-- ~r^ _
i_ +'n ~ 74~,, o~rUi OL''KA~A fht-'a
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t1iJEEN LILIUaKALANI LCC PROJECT
f Parce! Number Address Main Address Crt Address St-at-e-tl
85 7-A-Oi3:085 74-5211 KAUWELA PL Kona ~ HI I
So 7-4-p1S:Od6 74-5213 KAUWELA PL Kona ~IH,
37 ?-4-013:087 74-5215 KAUWELA PL Kona ~ HI
BBB 7-4~Ol3:OB8 7=t-5217 K.4U~VELA PL Kona 1-u
89 7-~•Ot3:089 i4-52i9KAUtNELA PL Kona HI
90 7-~-013:040 7a-5221 KAUWELA PL Kona iHi
91 7.4-013:091 74-5220 KAUWELA PL Kona HI
192 '-4-C13:092 X74-521$ KAUWELA PL Kona HI I
193 7-4-013:093 ?4-5216 KAUWELA PL Kona HI
X94 7-4-013~09a 74-521s KAUWELA PL Kona Hi
95 7-4-013:055_ 74-5212 KAUWELA PL Kona HI
90 l7-4-013:096 74-52'0 KAUWELA PL Kona _ Ht ~
97 7-4-013:097 74-5208 KAUWELA PL Kona HI
9B 7-4-013498 ~7a-5208 KAUWELA PL Kona N! 1
99 7-4-013:099 74-5204 KAUWELA PL Kona Hi _
100 '-4-013:100 74-5201 KlHAWAHlNE Kcne' Nl ~
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101 7-4-013:101 74-5205 KlHAWAHlNE_ Kona_ Hi ~
102 7--1-013:102 74-5209KIHAWAHWE Kon: HI
i03 7-4-013:103 74.5211 KlHAWAHlNE Kona HI~
',04 ,?-4-613:104 174-52'3 KIHAVdAHWE Kora HI
105 ?-4-Ot3:10~ X74-5215 KlHAWAHlNE Kenn Hi ~
106 ?-4-013106 74-52 t7KIHA1+1.'AHINE Kc~a ;'I
10~ i-4-013:107 74-5215 KlHAWAHlNE Kona H~ ___-_„f
1G3 7-4-013:1:;8 74-5221 KlHAWAHlNE Kona I'~~~
--'-----1
105 %-4-013'fG9 74-5223KIHAWAHINE Kona H!
1tO17-4-073.110 74.5225KINAWAHINE Kona 1N' ~
111 7-4-013.711 _ 74-5226 KlHAWAHlNE K_~na IHi
'i'2 7-4-0;3 i12 74-522~KINAtNAHINE Kota i~!
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t 13 7-4-0'3:113 74-5220 KlHAWAHlNE k,ona Hi -
tta 7-1-073114 74-5278KIHA1NAH1N6 hd3na itii l
i 115 ~7-4-013 i 15 74-5218 KMALNAHINE }<ona HI
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''o ~'-d-Ot311e i74-5214ri;HALVAHINE '{ona ~N'~ _
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0 11? 74-5212 KIHAW.4HINE Kona NI ~
''--1-Ci 511E ~u-5210 KIHAVVAriiNc Kcn2
~9 '-4-0'=3 i1P__ 74-5208 KINANJ,4HINE_ ~Kor,3_ -i-
~ 2'~.' i ~ -4-013 120 74-52vu h!HA~NANIf~E ~ Kona li-'I .
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'13.12+ - 52Q4 KWr.:VAH+NE !<c__ ~F-i
- 1~'^ '4-0202 KiHA`,VAH~NE _ .K, _
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QUEEN LILIUOKALANi LCC PftOJEC
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Parcet Number Address Main Address Cit Address Siate
127 7-4-011:003 74-5136 NAMAKA PL Kona _ HI
128 7-4-01i.GD4 7d-5138NAMAKA PL Kona HI ~
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129 7-4-011:OD5 74-5140 NAMAKA PL Kona HI
130 7-4-01 t006 74-5140 PALIHIOLO Kona HI I
131 7-4-011 D07 74-5138 PALIHIOLO Kora HI
132 7-4-011:008 74-5136 PALIHIOLO Kona HI
133 7-4-011:009 74-5134 PALIHIOLO Kona HI
134 7-4-011~.01D 74-5132PALIHIOlO Kona H!
135 7-4-011'011 74-5130 PAL1H10L0 Kona HI
?36 7-4011:012 74-5128PALIH;OLO Kona HI i
137 7-4-01t:0i3 74-5126 PALIHIOLO Kona M
138 ?-4-011:014 74-5124 PALIHIOLO Kona HI
139 ?a-011:015 74-5122 PALIHIOLO Kona HI
1140 7-4-011:016 ?4-5118 PALIHIOLO Kona HI
141 7-4-011:017 74-5116 PALIHIOLO Kona yHl _
',42 7-4-G11:018 ?4-5114 PAUHIOLO Kora
143 7-4-Oi1:019 ?4-51i2PALIHiOLO Kona H!
X144 7-4-011:020 ?45110PALIHIOLO Kona IHi
145 i-4-011:G21 ? 4-5108 PALiHlOlO Kona
146 7-4-011.022 74-5106 PALIHIOLO Kona HI
X147 7-4-01 1023 74-5104 PALIHfOLO Kona HI _
'~,48 7-4-011:024 _ 74-5105 PALIHIOLO Kona ~ r!
149 7a-011:025 74-5107 PALIHIOLO Kona Hr -
150 7-4-011 026 74-5109 PALIHIOLO Kona ---CHI
151 7-4-011.027 74-5111 PALIHIOLO Kona (H! ~
152 7-4-011:028 ?4-5113 PALIHIOLO Kona H: _ _
153 7-4-G11 G29 ?4-5132 KAALAEA PL Kona ~
t5» 7-4-011:D30 74-5134 KAALAEA PL Kona ini _
155 ;-4-011:031 ~ 74-5136 KAAIAEA PL Kona H1 1
t 56 7-4-011.032 ?4-5138 KAALAE.A PL Kona H!
X157 7-4-011:033 'r4-5140 KAALAEA PL Kona _ HI ~
1158 7-»-011.034 74-5140 ILUNA PL kcna ~'H~
159 7-4-011035 74-5138 ILUNA PL Kona H'.
100 7~9-011.036 '4-5t361LUNA PL Kora IH!
6i 7-4-G1 i03'~_-~~-4-51341LUNA PL Kona ril _f_.._.
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