HomeMy WebLinkAbout2021-08-25 EMC testimony - (08-23) Demoruelle, Sandra - DEM Notice of Noncompliance Pahala'ro UINIIITIF,ID s"rKrIES EIN IIIROINI IF,NT II,,,. IPI OTlE"l i III AGENCY
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'75 Hawthorne Sorest
PRO_(� airn IFraimoii o, 9410 901
Via Electronic Mail
Mayor Mitch D. Roth
Office of the Mayor
County of Hawaii
25 Aupum Street
Hilo, HI 96720
MitchD.RottiLhawaiicounty. gov
Subject: Federal Administrative Order on Consent
EPA Docket No. SDWA-UIC-AOC-09-2017-0002
Pahala Community Large Capacity Cesspools Closure Project
Notice of Noncompliance
Dear Mayor Roth:
The purpose of this letter is to notify the County of Hawaii ("County") of its noncompliance with the
above -referenced Administrative Order on Consent ("AOC"). The United States Environmental
Protection Agency ("EPA") issued the AOC to the County on June 22, 2017 under Section 1423(c) of
the Safe Drinking Water Act ("SDWA"), 42 U.S.C. § 300h-2(c). The County owns and operates five
large capacity cesspools ("LCCs") in the communities of Pahala and Na`alehu. EPA and the County
voluntarily entered into the AOC for the purpose of bringing the County into compliance with the
requirements of the SDWA, 42 U.S.C. § 300f, et seq., and 40 C.F.R. §§ 144.84(b)(2) and 144.88(a)(1),
which required owners or operators of existing LCCs to close them no later than April 5, 2005.
Under Paragraph 29(f) of the AOC, the County was required to complete design of the proposed Pahala
Wastewater Treatment Plant ("WWTP") by July 24, 2021. Design of the proposed WWTP was required
to be in accordance with good engineering practices and capable of serving all residential properties
currently connected to the two LCCs that serve the Pahala Community, plus a minimum of sixty-five
(65) additional properties, to be identified by the County. As defined in Paragraph 29(f), the proposed
WWTP design will be considered complete when the County receives approval from the Hawai'i
Department of Health ("HDOH") to begin construction of the proposed WWTP.
On July 23, 2021, the County submitted a design package that included WWTP designibuild documents
and a letter detailing the County's desire to construct a WWTP that uses a mechanical secondary
treatment process. Based on review of the information presented in the County's design package, EPA
has determined that the County has failed to fully comply with the requirements of Paragraph(f) of the
AOC because the County's design plans have not been approved for construction by HDOH. The
County's failure to comply with all applicable requirements of Paragraph(f) is a violation of the AOC.
Pursuant to Subsection E of the AOC, EPA may at its discretion, assess stipulated penalties for an
unexcused delay in complying with any provision in the AOC. EPA may also elect to pursue judicial
remedies to enforce the AOC.
If you have any questions about this letter, please feel free to contact me at (415) 947-4198 or
miller. amy(c ,epa. oovv. Your staff may contact Mr. Jelam Shareem at (415) 972-3095 or via email at
shareem.jelani(a�epa. og_v. Legal questions should be addressed to Ms. Kimberly Wells at (415) 972-3056
or wells.kimberlykepa. og_v.
Sincerely,
AMY MILLER-
Ditallsigned
MILLER-BOWENbyAMY
BOWEN
021.08.1712:47:33
0700'
Amy C. Miller -Bowen
Director
Enforcement and Compliance Assurance Division
cc: Ramzi Mansour, County of Hawaii, Department of Environmental Management
Brenda Iokepa-Moses, County of Hawaii, Department of Environmental Management
Sina Pruder, Hawai'i Department of Health
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