HomeMy WebLinkAbout22-10-18 COH Feasibility Evaluation Report per SDWA-UIC-AOC-2017-002Mitchell D. Roth
Mayor
Lee Lord
Managing Director
County of Hawaii
Ramzi I. Mansour
Director
Brenda Iokepa-Moses
Deputy Director
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuando`a Street, Suite 41 • Hilo, Hawai'i 96720 • cohdem@hawaiicounty.gov
Ph: (808) 961-8099 • Fax: (808) 961-8086
October 18, 2022
Mr. Jelani Shareem
EPA Region 00 Officer
75 Hawthorne Street
San Francisco, California 94105-3901
(Email shareem.jelani@epa.gov)
Ms. Kate Rao
EPA Region 9 LCC Project Coordinator
75 Hawthorne Street
San Francisco, California 94105-3901
(Email rao.kate@epa.gov)
Certified Mail No. 7016 0600 0000 8067 5697
Subject: Revised Administrative Order on Consent
EPA Docket No. SDWA-UIC-AOC-2017-0002
Pahala and Na`alehu Large Capacity Cesspools
Feasibility Evaluation Report
Dear Mr. Shareem and Ms. Rao:
The County of Hawaii Department of Environmental Management is submitting this Feasibility
Evaluation Report in accordance with EPA Docket No. SDWA-UIC-AOC-2017-002, Section V,
Compliance Provisions, Subsection A, Planning, Paragraph 31, Subparagraph (a).
Should there be any comments or questions on the report please contact Eric Takamura, Ph.D.,
P.E., Wastewater Division Deputy Chief at 808-961-8533(eric.takamura@hawaiicounty.gov) or
myself at 808-961-8083 (brenda.Iokepa-moses@hawaiicounty.gov).
I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate 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,
County of Hawaii is an Equal Opportunity Provider and Employer
Mr. Jelani Shareem
Ms. Kate Rao
October 18, 2022
Page 2
true, accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing violations.
Sincerely,
ova
Brenda Iokepa-Moses, Deputy Director
County of Hawaii Department of Environmental Management
ATTACHMENT 1
cc: Mitch Roth, Mayor
Lee Lord, Managing Director
Malia Kekai, Deputy Corporation Counsel
Ramzi I. Mansour, DEM Deputy Director
Eric Takamura, Ph.D., Wastewater Division Deputy Chief
Kimberly Wells, EPA Region 9 Counsel
Sina Pruder, P.E., DOH-WWB
Craig Lekven, P.E., Brown & Caldwell
For
Pahala and Na`alehu Community Large
Capacity Cesspool Closure Project
Pahala and Na`alehu, Island of Hawaii, Hawaii
County of Hawaii
25 Aupuni Street
Hilo, HI. 96720
OCTOBER 2022
TABLE OF CONTENTS
1 BACKGROUND...............................................................................................2
1.1 INTRODUCTION. a a 0 a 0 0 s a a 0 0 5 0 M 0 M M 0 * 0 M M a 6 E 0 0 a a M 0 0 0 9 a 0 a a a 9 a 0 M M 0 0 6 5 0 M 0 0 a v a 0 a a 0 0 0 M 0 M a M w 2
1.2 FEASIBILITY CRITERIA. . 0 a 0 a a a 0 0 v a a a 0 0 0 4 a I a a a a a 0 a a a a a w 0 a 0 a a a 0 9 0 2 a 0 0 0 M 0 0 M M M 0 0 0 M M M v w a M M 0 6 M v a a a M 2
1.3 PROJECT OPTIONS. . 0 6 0 E M 0 0 0 0 a 0 0 0 0 0 0 0 a a a a v 0 a a a M Ed 0 * a M M M 0 a R a M M M M 0 5 N 0 0 0 a 0 a 0 0 a a a a 0 a a 0 0 0 0 a 0 0 0 0 6 0 a a 2
2 FEASIBILITY EVALUATION............................................................................3
2.1 OPTION 1: PACKAGE WASTEWATER TREATMENT PLANT WITH
NEW COLLECTION SYSTEM IN EACH COMMUNITY ...................... 3
2.1.1 TECHNICAL FEASIBILTY........................................................a 3
2.1.2 LEGAL FEASIBILITY.................................................................4
2.2 OPTION 2: PACKAGE WASTEWATER TREATMENT PLANT
UTILIZING THE EXISTING COLLECTION SYSTEM IN EACH
COMMUNITY. . a a a a * a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M 2 a a 0 0 0 0 4 M M M M M M M 0 M M M M 0 0 a a a 0 0 0 M E 0 0 0 0 0 M 4 a a a a a 0 0 0 M 0 ff 0 a w a 0 a a 0 a a 0 0 a 0 a 5
2.2.1 TECHNICAL FEASIBILITY........................................................5
2.2.2 LEGAL FEASIBILITY................................................................. 5
2.,3 OPTION 3: MAINTENANCE CONTRACT MODEL INDIVIDUAL
WASTEWATER SYSTEM (IWS) IN EACH COMMUNITY ...................5
2.3.1 TECHNICAL FEASIBILITY.........................................................a 5
2.3.2 LEGAL FEASIBILITY...................................................................6
2.4 OPTION 4: OPERATING PERMIT MODEL IWS PROGRAM IN
EACHCOMMUNITY............... 6 0*29mommasm ME M 0 on nowsomam 0 0 0 E 0 0 0 owes 0 so 6
2.4.1 TECHNICAL FEASIBILITY..........................................................6
2.4.2 LEGAL FEASIBILITY...................................................................7
3 REVISED ADMINISTRATIVE ORDER ON CONSENT......... ,,,.APPENDIX A
PAGE 1
SECTION 1
1.1 INTRODUCTION
Effective August 22, 2022, the United States Environmental Protection Agency (EPA)
and the County of Hawai'i (County) voluntarily entered into a revised Administrative
Order on Consent (AOC) to close five large capacity cesspools (LCCs) in Pahala and
Na'alehu. The County currently owns, controls, maintains, and operates the five LCCs
in violation of the Federal Safe Drinking Water Act (SDWA) which requires owners and
operators of LCCs to close them on or before April 5, 2005. The purpose of this
feasibility evaluation report is to determine the technical and legal feasibility of the four
project options, identified in AOC section V.A.31(a). The revised AOC is attached as
Appendix A for your reference.
1.2 FEASIBILITY CRITERIA
Project options are considered feasible, pursuant to AOC §V.A.31(a) if the following
requirements are met.
1. The project meets the requirements of Hawaii Administrative Rules Title 11,
Chapter 62 (HAR 11-62); and
2. The County has legal authority to implement the project.
1.3 PROJECT OPTIONS
As mentioned above, AOC §V.A.31(a) identifies four wastewater treatment project
options that facilitate closure of the LCCs. The project options evaluated are:
1. Package wastewater treatment plant with new collection system in each
community; and
2. Package wastewater treatment plant utilizing the existing collection system in
each community; and
3. Maintenance contract model Individual Wastewater System (IWS) in each
community; and
4. Operating permit model IWS program in each community.
The four alternatives have been evaluated for feasibility using the criteria described in
section 1.2 (above).
PAGE 2
SECTION 2
FEASIBILITY EVALUATION
2.1 OPTION 1: PACKAGE WASTEWATER TREATMENT PLANT WITH NEW
COLLECTION SYSTEM IN EACH COMMUNITY
2.1.1 TECHNICAL FEASIBILITY
Constructing a package wastewater treatment plant and a new collection system that
meet HAR 11-62 requirements is feasible for both the Pahala and Na`alehu
communities. Multiple package wastewater treatment plant manufacturers make
package units that treat the required volume of wastewater and meet the HAR 11-62
effluent discharge requirements that would be required for either community.
PAHALA
A flow variance was approved by the State of Hawaii Department of Health (DOH)
allowing the reduction of average dry weather flow. The County will acquire the
appropriate amount of land for the package wastewater treatment plant location and to
meet HAR 11-62 effluent disposal requirements. A suitable property has been
identified. A collection system for conveyance of wastewater to the proposed property
was previously designed and conforms to all County and State standards, which
included HAR 11-62. The collection system design, although designed for an alternate
wastewater treatment plant, will be compatible with a package wastewater treatment
plant.
NA`ALEHU
A flow variance application for reduced average dry weather flow would be submitted for
DOH approval in the same manner as for Pahala. Whether the flow variance is granted
or not, as mentioned above, package plant manufacturers make units to treat the
required volume of water and meet HAR-62 effluent discharge requirements. The
County will acquire the appropriate amount of land for the package wastewater
treatment plant and to meet HAR 11-62 effluent disposal requirements. A suitable
property has been identified. A collection system consisting of sewer pump stations and
gravity sewer for conveyance of wastewater to the proposed package wastewater
treatment plant has been preliminarily designed. County owned property could be used
for the location of a pump station and the overall design would conform to all County
and State standards, which includes HAR 11-62.
PAGE 3
2A.2 LEGAL FEASIBILITY
Pursuant to Hawaii Revise Statutes ("HRS")
the County has the legal authority to implement this option.
HRS § 46-1.5(19)(a) states the following:
Each county shall have the power to:
(A) Construct, purchase, take on lease, lease, sublease, or in any other manner
acquire, manage, maintain, or dispose of buildings for county purposes,
sewers, sewer systems, pumping stations, waterworks, distributing water to
the public, lighting plants, and apparatus and appliances for lighting streets
and public buildings, and manage, regulate, and control the same;
HRS §46-1.5(23) in the relevant part states:
Each County shall have the power to:
(A) Establish and maintain waterworks and sewer works;
(B) Implement a sewer monitoring program that includes the inspection of sewer
laterals that connect to county sewers, when those laterals are located on
public or private property, after providing a property owner not less than ten
calendar days' written notice, to detect leaks from laterals, infiltration, and
inflow, any other law to the contrary withstanding;
(C) Compel an owner of private property upon which is located any sewer lateral
that connects to a county sewer to inspect that lateral for leaks, infiltration,
and inflow and to perform repairs as necessary;
(D) Collect rates for water supplied to consumers and for use of sewers;
The Law Insider dictionary defines "sewer works" as the municipal system for the
collection, transmission, and treatment or disposal of sewage and contaminated water,
including a combined sewer, sanitary sewer and storm sewer, or any part of such
system. The County currently operates and maintains multiple wastewater treatment
plants and collections systems, including the Ulu Wini Wastewater Treatment Plant,
which is a package wastewater treatment plant. The majority of the collection system
components would be constructed within the County right-of-way. Easements will be
obtained for privately -owned or state-owned properties. The land required to construct
and operate the package wastewater treatment plants could be acquired by purchase or
condemnation pursuant to HRS §46-1.5(6)1. Thus, the County has the legal authority to
implement this project option, which is to construct, operate, and maintain a package
wastewater treatment plant with a new collection system.
1 HRS §46-1.5(6) Each county shall have the power to exercise the power of condemnation by eminent domain
when it is in the public interest to do so.
PAGE 4
2.2 OPTION 2: PACKAGE WASTEWATER TREATMENT PLANT UTILIZING THE
EXISTING COLLECTION SYSTEM IN EACH COMMUNITY
2.2.1 TECHNICAL FEASIBILITY
Constructing a package wastewater treatment plant and utilizing the existing collection
system to treat wastewater in compliance with the HAR 11.62 requirements is feasible
for both the Pahala and Na`alehu communities. As mentioned above in section 2.1.1,
multiple package wastewater treatment plant manufacturers make package units that
treat the required volume of wastewater and meet the HAR 11-62 effluent discharge
requirements that would be required for either community. Utilizing the existing
collection system would require redirecting the flow from existing LCC sites to the
package wastewater treatment site. Any collection system modifications for conveyance
of wastewater to the proposed package wastewater treatment plant would be designed
in conformance to all County and State standards, which includes HAR 11-62.
2.2.2 LEGAL FEASIBILITY
Pursuant to HRS §46-1.5(19)(a) and HRS 46-1.5(23)(A)-(D), the County has the legal
authority to implement this option. As mentioned above in section 2.1.2, the County has
the legal authority to construct, operate and manage a package wastewater treatment
plant. The County currently operates and manages the existing collection system and
would continue to maintain the system pursuant to HRS 46-1.5(23)(B) (above).
Redirecting of flow from existing LCC sites to the package wastewater treatment plant
site would be constructed in the county right-of-way or through easements for private or
state-owned properties. The land required to construct and operate the package
wastewater treatment plants could be acquired by purchase or condemnation pursuant
to HRS §46-1.5(6). Thus, the County has the legal authority to implement this project
option, which is to construct, operate, and maintain a package wastewater treatment
plant utilizing the existing collection system.
2.3 OPTION 3: MAINTENANCE CONTRACT MODEL INDIVIDUAL WASTEWATER
SYSTEM IN EACH COMMUNITY
2.3.1 TECHNICAL FEASIBILITY
Installing individual wastewater systems (IWS) for each home or business is feasible for
both communities. Several lots have site conditions that would necessitate applying for
variances from HAR 11-62. Precedent indicates that such variances have been
previously approved by DOH. The County maintains a Geographic Information System
(GIS) database of all sewer connections. IWS with service contracts could be included
in the existing database for compliance tracking. Periodic follow-up would follow the
same existing processes as utilized by our pretreatment staff to inspect industrial &
commercial wastewater customers.
2.3.2 LEGAL FEASIBILITY
Pursuant to HRS §46-1.5(14)(A)(ii), the County has the legal authority to implement the
maintenance contract model, which is the management model 2 from the EPA's
Voluntary National Guidelines for Management of Onsite and Clustered (Decentralized)
Wastewater Treatment Systems.
HRS §46-1.5(14)(A)(ii) states:
Each County shall have the power to:
(A) Make and enforce within the limits of the county all necessary ordinances
covering all:
(ii) Matters of sanitation;
Black's Law Dictionary defines sanitation as "the control of factors in the environment
that could be a risk to health, development and survival." Ensuring proper maintenance
of individual wastewater systems is a matter of sanitation because untreated
wastewater contaminating Hawaii Island's drinking water is a direct risk to health,
development and survival. Contaminated drinking water could lead to sickness and/or
death.
If this option is chosen as the preferred alternative for Pahala and/or Na`alehu, an
amendment of the Hawaii County Code pursuant to HRS 46-1.5(14)(a)(ii), would be
required to administer a program for confirming and tracking that owners of individual
wastewater systems are party to a valid maintenance contract with licensed operators
and for monitoring timely submittals of certified maintenance reports. The County would
obtain rights of entry to install individual wastewater systems on privately owned lots. If
a right of entry is refused the County will condemn an easement pursuant to HRS §46-
1.5(6). Thus, the County has the legal authority to implement the maintenance contract
management model in each community.
2.4 OPTION 4: OPERATING PERMIT MODEL IWS PROGRAM IN
EACH COMMUNITY
TECHNICAL FEASIBILITY
Installing individual wastewater systems (IWS) for each home or business is feasible for
both communities. Several lots have site conditions that would necessitate applying for
variances from HAIR 11-62. Precedent indicates that such variances have been
previously approved by DOH. The County maintains a Geographic Information System
(GIS) database of all sewer connections. IWS with service contracts could be included
in the existing database for compliance tracking. Periodic follow-up would follow the
same existing processes as utilized by our pretreatment staff to inspect industrial &
commercial wastewater customers.
PAGE 6
2.4.2 LEGAL FEASIBILITY
Pursuant to HRS §46-1.5(14)(A)(ii), the County has the legal authority to implement the
operating permits model, which is the management model 3 from the EPA's Voluntary
National Guidelines for Management of Onsite and Clustered (Decentralized)
Wastewater Treatment Systems.
As mentioned above in section 2.3.2, the County has the authority to draft and adopt all
necessary ordinances to address matters of sanitation, which includes regulating
individual wastewater systems to prevent contamination of drinking water and the
proper disposal of sewage.
If this option is chosen as the preferred alternative for Pahala and/or Na`alehu, an
amendment of the Hawaii County Code pursuant to HRS 46-1.5(14)(a)(ii), would be
required to administer a program to issue operating permits to system owners that
address specific and measurable performance criteria for the treatment system and
submittal of compliance monitoring reports. The County would obtain rights of entry to
install individual wastewater systems on privately owned lots. If a right of entry is
refused the County will condemn an easement pursuant to HRS §46-1.5(6). Thus, the
County has the legal authority to implement the maintenance operating permits model in
each community.
PAGE 7
UNITED STATES ENVIRO
REGION 9
75 Hawthorne
,44 p;1041V San Francisco, CA ,. «0
IN THE MATTER OF: ) Docket No. SDWA-UIC-AOC-2017-0002
County of Hawaii, ) (9] REVISED ADMINISTRATIVE
ORDER ON CONSENT
Respondent. ) Proceeding under Sections 1423(c) of the
Safe Drinking Water Act, 42 U.S.C. § 300h-2(c).
I. INTRODUCTION
1. The United States Environmental Protection Agency ("EPA") and the County of
Hawaii ("Respondent") voluntarily enter into this Revised Administrative Order on Consent
("Consent Order" or "AOC").
2. At the time this Consent Order was first entered, Respondent owned, controlled,
and operated seven large capacity cesspools ("LCCs") located in the Pahala and Na`alehu
communities in Hawaii. At the time of this revision, Respondent owns, controls, and operates
five LCCs in the Pahala and Na`alehu communities.
3. EPA alleges that Respondent has violated and continues to violate requirements
of the federal Safe Drinking Water Act ("SDWA"), 42 U.S.C. § 300f et seq., and 40 C.F.R. §§
144.84(b)(2) and 144.88, which required owners or operators of existing large capacity cesspools
("LCCs") to close them no later than April 5, 2005.
4. This Consent Order directs Respondent to remedy the ongoing violations relating
to the continued operation of LCCs in the Pahala and Na`alehu communities of Hawaii in
accordance with the compliance schedules set forth in this Consent Orde, .
5. EPA and Respondent recognize that this Consent Order was negotiated in good
faith and that Respondent has fully cooperated with the EPA.
II. JURISDICTION
6. EPA enters into and issues this Consent Order under the authority vested in the
EPA Administrator by section 1423(c) of the SDWA, 42 U.S.C. § 300h-2(c).
7. The EPA Administrator has delegated the authority to take these actions to the
Regional Administrator for EPA, Region 9, through EPA Delegation 9-34 (May 11, 1994). This
authority has been further delegated to the Director of EPA Region 9's Enforcement and
Compliance Assurance Division by Regional Delegation R9-9-34 (Feb. 11, 2013).
8. The Director of the Enforcement and Compliance Assurance Division of EPA
Region 9 and Respondent, together referred to as "the Parties," enter into this Consent Order
voluntarily and hereby agree to the terms of and to the issuance of this Consent Order.
Respondent agrees not to contest EPA's authority or jurisdiction to issue this Consent Order in
this or in any subsequent proceeding to enforce the terms of this Consent Order. This Consent
Order constitutes an enforceable agreement between Respondent and EPA.
9. Respondent agrees to undertake and complete all actions required by this Consent
Order. Respondent waives the opportunity to receive 30-days notice of this AOC, and to request
a hearing on or to appeal this AOC under sections 1423(c)(3)(A) and 1423(c)(6) of the SDWA,
42 U.S.C. §§ 300h-2(c)(3)(A) and 300h-2(c)(6).
2
III. PARTIES BOUND
10. This AOC shall bind Respondent and its officials, officers, directors, agents,
employees, attorneys, successors, and assigns, and all persons, contractors, and consultants
acting in concert with Respondent.
11. The undersigned signatory for Respondent certiftes that he or she is authorized to
execute this Consent Order and legally bind the Respondent.
IV. FINDINGS OF FACT AND CONCLUSIONS OF LAW
12. Pursuant to Part C of the SDWA, 42 U.S.C. § 300h through 300h-8, EPA has
promulgated regulations establishing minimum requirements for Underground Injection Control
("UIC") programs to prevent underground injection that endangers drinking water sources. These
regulations are set forth at 40 C.F.R. Part 144.
13. "Underground injection" means the subsurface emplacement of fluids by well
injection. 42 U.S.C. § 300h(d)(1); 40 C.F.R. § 144.3.
14. "Well injection" means the subsurface emplacement of fluids through a well. 40
15. A "cesspool" is a "drywell," which in turn is a "well," as those terms are defined
in 40 C.F.R. § 144.3. "Large capacity cesspools" ("LCCs") 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). LCCs do not include single family residential cesspools or non-residential cesspools
that receive solely sanitary waste and have the capacity to serve fewer than 20 persons per day.
Id.
3
16. UIC program regulations classify LCCs as Class V UIC injection wells. 40 C.F.R.
§ 144.80(e).
17. Class V UIC injection wells are considered a "facility or activity" subject to
regulation under the UIC program. 40 C.F.R. § 144.3.
18. "Owner or operator" means the owner or operator of any "facility or activity"
subject to regulation under the UIC program. 40 C.F.R. § 144.3.
19. The "owner or operator" of a Class V UIC well "must comply with Federal UIC
requirements in 40 C.F.R. parts 144 through 147," and must also "comply with any other
measures required by States or an EPA Regional Office UIC Program to protect [underground
sources of drinking water]." 40 C.F.R. § 144.82.
20. Owners or operators of existing LCCs were required to have closed those LCCs
no later than April 5, 2005. 40 C.F.R. §§ 144.84(b)(2) and 144.88(a)(1).
21. Pursuant to Section 1422(c) of the SDWA, 42 U.S.C. § 300h-1(c), and 40 C.F.R.
§ 147.601, EPA administers the UIC program in the State of Hawaii. This UIC program consists
of the program requirements of 40 C.F.R. Parts 124, 144, 146, 147 (Subpart M), and 148.
22. Since at least April 30, 2010, Respondent has owned and operated two cesspools
that serve the Pahala Community (i.e., community cesspools) on Tax Map Key parcels 3-9-6-
016-041 and 3-9-6-002-024 ("Pahala Community Cesspools"). Respondent is an "owner or
operator" of those cesspools as that term is defined at 40 C.F.R. § 144.3.
23. Since at least April 30, 2010, Respondent has owned and operated three
community cesspools located in the Na`alehu Community, two of which are located on Tax Map
Key parcels 3-9-5-024-011 and 3-9-5-024-001, respectively, and the third of which is situated
between Tax Map Key parcels 3-9-5-024-010 and 3-9-5-024-009 ("Na`alehu Community
L!
Cesspools"). Respondent is an "owner or operator" of those cesspools as that term is defined at
40 C.F.R. § 144.3.
24. From at least July 31, 1985, until June 29, 2018 Respondent owned two cesspools
serving the Pahala Elderly Apartments, located on Tax Map Key parcel 3-9-6-017-038 ("Pahala
Elderly Apartments Cesspools"). Respondent is an "owner" of those cesspools as that term is
defined at 40 C.F.R. § 144.3.
25. Respondent closed the two LCCs referenced in Paragraph 24, as required by
Paragraphs 34 and 35 prior to the present revision of this AOC.
26. EPA alleges that each of the cesspools referred to in Paragraphs 22, 23, and 24, at
all times relevant to this Consent Order, served multiple dwellings, and thus each is considered
an LCC pursuant to 40 C.F.R. § 144.81(2).
27. Respondent failed to close the LCCs referenced in Paragraph 24 by April 5, 2005,
as required by 40 C.F.R. §§ 144.84(b)(2) and 144.88(a)(1). In addition, Respondent has failed to
close the LCCs referenced in Paragraphs 22 and 23.
28. EPA therefore alleges that Respondent is in continuing violation of 40 C.F.R.
§§ 144.84(b)(2) and 144.88(a)(1).
29. Pursuant to section 1423(c)(1) of the SDWA, 42 U.S.C. § 300h-2(c)(1), EPA may
issue an order requiring compliance against any person who violates the SDWA or any
requirement of an applicable UIC program.
V. COMPLIANCE PROVISIONS
30. Based on the foregoing findings and pursuant to EPA's authority under section
1423(c)(1) of the SDWA, 42 U.S.C. § 300h-2(c)(1), in order to come into compliance with the
5
LCC closure requirements of the UIC program, Respondent agrees and is hereby ORDERED to
complete the following work:
A. Planning
31. Respondent shall conduct a review of potential projects that meet the
requirements listed in Sections B and C. Respondent shall complete the following milestones as
part of the review and planning process:
a. Feasibility Evaluation Report. Within 60 days of execution of this Consent
Order, Respondent shall evaluate the feasibility of potential projects that would meet the
requirements of Sections B and C and submit for EPA's approval a Feasibility Report identifying
the project options evaluated, the factors considered and the feasibility of each project option. A
project shall be considered feasible if Respondent has the legal authority to implement the
project and the project meets the requirements of Hawaii Administrative Rules Title 11, Chapter
62. At a minimum Respondent shall evaluate the feasibility of the following four project options
for the communities of Pahala and Na`alehu (i) package plants and new collection systems for
each community; (ii) package plants connected to the existing collection systems in each
community; (iii) a maintenance contract model individual wastewater system program for both
communities; and (iv) an operating permit model individual wastewater system program for both
communities. Respondent may evaluate additional project options.
b. Preliminary Engineering�Report. Within 180 days of EPA's written
approval of the Feasibility Report, have a licensed professional engineer who has experience
with wastewater treatment, including individual wastewater systems and municipal treatment
facilities, prepare and submit for EPA's approval a Preliminary Engineering Report for Pahala.
Within 300 days of EPA's approval of the Feasibility Report, have a licensed professional
engineer who has experience with wastewater treatment, including individual wastewater
systems and municipal treatment facilities, prepare and submit a Preliminary Engineering Report
for Na`alehu for EPA's approval. The Preliminary Engineering Reports shall describe the project
details for each feasible option, including the planning area description, planning period,
description of construction phases, owner and operator of the facilities, and location of facilities
(including a map); the design parameters for each feasible option (for example, major unit
processes, flow diagrams, pipe lengths, sizes and locations, design criteria); and project costs for
each feasible option.
c. Environmental Review. Within 180 days of EPA's written approval of the
Pahala Preliminary Engineering Report submit an Environmental Information Document (EID)
for Pahala for EPA approval. Within 365 days of EPA's approval of the Na`alehu Preliminary
Engineering Report submit for EPA's approval an EID for Na`alehu. Respondent shall have a
qualified professional conduct environmental review of the feasible options identified in the
Feasibility Evaluation Report as well as a no action alternative. The qualified professional shall
have experience conducting environmental reviews for community wastewater projects. The
environmental review shall be consistent with the requirements of the National Environmental
Policy 4321and shall be documented in the EID. The EID shall
include, at a minimum, the following nine components: i) a description of the purpose and need
for the project; ii) identification of the preferred project and funding status; iii) description of the
affected environment, including baseline conditions that may be impacted by the proposed
project; iv) analysis comparing the feasible project options and the no action alternative; v)
assess and describe the environmental impacts and mitigation measures for each feasible project
option; vi) a description of consultation activities and coordination with state and federal
7
agencies; vii) a description of public engagement in preparation of the EID; viii) a list of
preparers; and ix) a list of references.
B. Pahala Community Cesspool Closure Project
32. Respondent shall fully and properly comply with the SDWA with respect to the
Pahala Community Cesspools identified in Paragraph 22, by providing wastewater treatment that
is protective of surface water and underground sources of drinking water for 174 properties in
Pahala, including 109 properties that are currently connected to the Pahala Community
Cesspools, and closing the Pahala Community Cesspools. As soon as practicable, but no later
than the deadlines specified herein, Respondent shall complete the following milestones to
achieve compliance with the SDWA:
a. Pahala Implementation Plan. Within 30 days of receiving written approval
of the EID prepared pursuant to Paragraph 3l .c, Respondent shall submit for EPA approval an
implementation plan for the selected project prepared by a licensed professional engineer
identifying the steps required to design and implement the selected project for Pahala (Pahala
Implementation Plan). Respondent must follow applicable federal, Hawai` i state, and local
requirements for design, construction, and operation of such facilities and shall diligently pursue
all necessary permits and approvals. The Pahala Implementation Plan shall include steps for
obtaining all required permits and approvals. The Pahala Implementation Plan shall include a
schedule and completion dates for each step required to implement the selected alternative,
provide wastewater services for 174 properties, and to close the Pahala Community Cesspools no
later than July 21, 2026.
E
b. Upon approval by EPA, Respondent shall implement the Pahala
Community Cesspool Closure Project in accordance with the provisions and schedule set forth in
the Pahala Implementation all.
C. Na`atehu Community Cesspool Closure Project
33. Respondent shall fully and properly comply with the SDWA with respect to the
Na`alehu Community Cesspools identified in Paragraph 22, by providing wastewater treatment
that is protective of surface water and underground sources of drinking water for 194 properties
in Na`alehu, including 164 properties that are currently connected to the Na`alehu Community
Cesspools, and closing the Na`alehu Community Cesspools. As soon as practicable, but no later
than the deadlines specified herein, Respondent shall complete the following milestones to
achieve compliance with the SDWA:
a. Na`alehu Implementation Plan. Within 60 days of receiving written
approval of the EID prepared pursuant to Paragraph 31.c, Respondent shall submit for EPA
approval an implementation plan for the selected project prepared by a licensed professional
engineer identifying the steps required to design and implement the selected project for Na`alehu
' (Na`alehu Implementation Plan). Respondent must follow applicable federal, Hawaii state, and
local requirements for design, construction, and operation of such facilities and shall diligently
pursue all necessary permits and approvals. The Na`alehu Implementation Plan shall include
steps for obtaining all required permits and approvals. The Na`alehu Implementation Plan shall
include a schedule and completion dates for each step required to implement the selected
alternative, provide wastewater services for 194 properties, and to close the Na`alehu
Community Cesspools no later than December 31, 2027.
0
b. Upon approval by EPA, Respondent shall implement the Na`alehu
Community Cesspool Closure Project in accordance with the provisions and schedule set forth in
the Na`alehu Implementation all.
D. Pahala Elderly Apartments Cesspool Replacement Project
34. Respondent shall take appropriate measures to fully and properly comply with the SDWA
i
with respect to the Pahala Elderly Apartments Community Cesspools described in Paragraph 24,
including replacing the Pahala Elderly Apartments Cesspools with one or more individual
wastewater systems ("IWSs") that comply with DOH requirements as soon as practicable, but by
no later than September 28, 2018. Also by that date, Respondent shall properly close (i.e.,
"abandon" as that term is defined by DOH) the Pahala Elderly Apartment Cesspools in
accordance with Paragraph 45 of this Consent Order.
35. Respondent has developed the Pahala Elderly Apartments Compliance Plan,
included as Attachment C. Respondent shall implement the Pahala Elderly Apartments
Compliance Plan in accordance with the deadlines specified in this Consent Order.
E. Outreach
36. Webpaae. Starting within 30 days from execution of this Consent Order,
Respondent must maintain a public webpage to keep EPA and the public informed of the status
of the Community Cesspool Closure Projects. The webpage must be updated at least monthly
and must at a minimum identify all milestones completed since the last update, post Semiannual
Reports, and provide a schedule of upcoming meetings and opportunities for public engagement.
Respondent shall submit the webpage address to EPA when the webpage becomes public and
shall include the status of webpage updates in the Semiannual Reports and Quarterly Meetings
with EPA.
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37. Respondent shall maintain a list of persons interested in the Pahala and Na`ale hu
Community Cesspool Closure Projects. The list shall include persons who have provided their
contact information at a public meeting regarding the Pahala and Na`alehu Community Cesspool
Closure Projects, persons who have previously contacted Respondent regarding the Projects, and
persons who request that Respondent include them on the list.
38. Respondent shall provide notice of all public meetings and opportunities for
public engagement at least 14 days in advance by sending the notice to all persons identified on
the list in Paragraph 37, posting the notice on the homepage of the webpage required by
Paragraph 36, publishing the notice in local newspapers, and posting the notice at the Pahala and
Na`alehu Community Centers located at 96-1149 Kamani Street Pahala, Hi 96777 and 95-5635
Mamalahoa Highway Na`alehu, Hi 96772 respectively, and at the facility where the meeting will
be held, if possible, if the public meeting is not held at one of the Community Centers.
39. Public meetings shall be designed to foster an atmosphere that encourages
participation by being held in locations accessible to all community members that wish to attend
and that allow for maximum attendance by community members, and by occurring at times
selected to reasonably accommodate the schedules of community members that wish to attend.
40. Within 45 days of execution of this Consent Order, Respondent shall hold a
public meeting to explain the requirements of this Order, including the requirements for planning
and public participation. At the meeting Respondent shall present the four potential projects
identified in Paragraph 31.a and shall provide opportunity for members of the public to ask
questions and provide comment.
41. Within 30 days of EPA approval of each EID, Respondent shall commence
solicitation (if public comment on the project options and environmental review information
contained in that EID. For each project Respondent shall allow at least 30 days for the public to
submit written comments and shall hold at least one public meeting within the community where
the project will take place. Notice of the opportunity to submit written comments and/or public
testimony shall be provided as specified in Paragraph 38 and shall include instructions for
submitting comments. Respondent shall submit a summary response document showing that
Respondent has responded to all substantive comments submitted by the public. The document
shall also be posted on the webpage required by Paragraph 36.
42. Semiannual Outreach Meetings. Starting no later than August 2022 Respondent
shall hold public outreach meetings at least twice per year, once in February and once in August
to update the public on the status of the cesspool closure projects required by this Consent Order.
At these meetings Respondent shall present the contents of the Semiannual Reports to the
communities of Pahala and Na`alehu.
F. General Requirements
43. Respondent shall inform the EPA in writing if any new information or
circumstances cause Respondent to modify any planned actions or schedule for achieving
compliance with this Consent Order. Respondent may, where appropriate, petition for an
extension of any deadline contained in Paragraph 32(a) through (i), Paragraph 33(a) through (j),
or Paragraph 34. Any such request should be made according to the procedures set forth in
Subsection H of this Consent Order. Extensions of any particular deadline shall only become
effective upon approval by EPA and shall not affect any other deadlines under this Consent
Order not specifically addressed in the approved extension.
44. Construction of the selected projects shall be considered complete once the
Hawaii Department of Health ("HDOH") issues necessary approvals to operate.
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45. In complying with Paragraphs 32(h), 33(i), and 34 of this Consent Order
(cesspool closures), Respondent must follow HDOH's well abandonment procedures and
techniques and any other requirements of HDOH's UIC program. Respondent shall notify
HDOH when closure of each LCC is complete. EPA will consider the LCCs to be closed when
either (a) HDOH issues an Injection Well Cesspool Backfilling Final Completion Report, or (b)
Respondent submits to EPA a completed Large Capacity Cesspool Backfilling Final Completion
Report.
46. Respondent shall submit to EPA copies of HDOH's "Injection Well Cesspool
Backfilling Final Completion Report" for each cesspool referenced in this AOC within ten (10)
days of receipt from HDOH. Documents should be sent to the EPA Region 9 Compliance
Officer, and the EPA Region 9 LCC Project Coordinator at the addresses specified in Paragraphs
68 and 69 of this Consent Order.
47. Subject to delays associated with force majeure as described in Subsection H,
Respondent shall fully implement each requirement of this Consent Order, including meeting the
deadlines contained in Paragraph 32(a) through (h), Paragraph 33(a) through (k), and Paragraph
34. Respondent's failure to fully implement all requirements of this Consent Order in the manner
and timeframe required shall be deemed a violation of this Consent Order.
48. Respondent's failure to comply with all of the applicable requirements of the
SDWA and 40 C.F.R. Part 144 may subject Respondent to additional enforcement actions,
including but not limited to judicial or administrative actions.
49. Where work under this AOC is being performed using federal grant funds directly
administered by EPA, including funds provided under Special Appropriation Grant XP-
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96942401, Respondent shall ensure that the project schedule under such grant is consistent with
the requirements and schedules included in this Consent Order.
G. Stipulated Penalties
50. If Respondent fails to comply with any provision of this Consent Order,
Respondent agrees to pay upon EPA's demand the stipulated penalties set forth in this Paragraph
unless EPA has excused Respondent's delay according to the procedures provided in Subsection
H of this Consent Order. Stipulated penalties shall begin to accrue on the date performance is
due, and are calculated as follows:
a. $300 per day per violation for the first through the thirtieth day of
noncompliance;
b. $500 per day per violation for the thirty-first through the sixtieth day of
noncompliance;
c. $1000 per day per violation for the sixty-first day of violation and beyond.
51. Respondent must pay the stipulated penalty within thirty (30) days of receipt of
EPA's stipulated penalty demand, according to the process provided in the demand. If any
payment is not received within thirty (30) calendar days of being due, interest, handling charges,
anA late payment penalties will begin to accrue in the same manner as set forth at 31 U.S.C. §
3717 and 40 C.F.R. § 13.11.
52. Neither the demand for, nor payment of, a stipulated penalty relieves Respondent
of the obligation to comply with any requirement or deadline of this Consent Order.
53. EPA may, in the unreviewable exercise of its discretion, elect to pursue any other
administrative or judicial remedies in lieu of assessing some or all of the stipulated penalties due
under this Consent Order.
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54. EPA may, in the unreviewable exercise of its discretion, reduce or waive
stipulated penalties due under this Consent Order.
55. Respondent may pay the stipulated penalty by check (mail or overnight delivery),
wire transfer, Automated Clearing House (ACH), or online payment. Payment instructions are
available at. Payments made by a cashier's check or certified check must be payable to the order
of "Treasurer, United States of America," and delivered to the following address:
U.S. Environmental Protection Agency
Fines and Penalties
Cincinnati Finance Center
P.O. Box 979077
St. Louis, Missouri 63197-9000
56. Respondent shall provide notice of stipulated penalty payments made pursuant to
Paragraph 55, accompanied by the title and docket number of this action, to the EPA Region 9
Compliance Officer at the address provided in Paragraph 68 below.
H. Delays
57. "Force majeure," for purposes of this Consent Order, is defined as any event
arising from causes beyond Respondent's control, the control of any entity controlled by
Respondent, or the control of Respondent's contractors, which delays or prevents the
performance of any obligation under this Consent Order, despite Respondent's reasonable best
efforts to fulfill the obligation. The requirement that Respondent exercise "reasonable best
efforts to fulfill the obligation" includes using reasonable best efforts'to anticipate any potential
force majeure,event and reasonable best efforts to address the effects of any such event as it is
occurring and/or after it has occurred, to prevent or minimize any resulting delay to the greatest
extent possible. Examples of events that are not force majeure include, but are not limited to,
increased costs or expenses of any work to be performed under this Consent Order, failure to
]5
diligently pursue funding sources) for work to be performed under this Consent Order including
federal and state funding sources, or normal inclement weather.
58. Respondent shall notify EPA in writing, within 10 business days, of any event
that occurs that causes or is likely to cause delay in compliance with any deadline specified in
this Consent Order. The notification should explain whether the delay was caused by force
majeure, as defined in Paragraph 57, should describe the measures Respondent has taken and/or
will take to prevent or minimize the delay, and should specify the timetable by which
Respondent intends to implement these measures to ensure compliance with the applicable
requirement or deadline. Respondent shall adopt all reasonable measures to avoid or minimize
delay. Submittal of the notice to EPA required by this Paragraph does not, by itself, extend any
deadline or timeframe in this Consent Order.
59. If, upon receiving notice required under Paragraph 58, EPA agrees that the delay
or anticipated delay in compliance with this Consent Order has been or will be caused by
circumstances that constitute force majeure as defined in Paragraph 57, and upon request by
Respondent, EPA may extend the applicable compliance deadline. Modification of any particular
deadline shall not affect any other deadlines under this Consent Order unless expressly
authorized in writing by EPA.
60. Respondent has a burden of demonstrating, by a preponderance of the evidence,
that the actual or anticipated delay has been or will be caused by force majeure, that the duration
of the delay was, or will be warranted under the circumstances, that Respondent exercised or is
using its best efforts to avoid and mitigate the effects of the delay, and that Respondent complied
with the requirements of this subsection.
T
61. In the event that EPA does not agree that a delay in achieving compliance with
the requirements of this Consent Order has been or will be caused by force majeure, EPA will
notify Respondent in writing of EPA's decision and any delays will not be excused. EPA may
demand stipulated penalties for unexcused delay, as set forth in Subsection G.
VI. REPORTING REQUIREMENTS
62. Semiannual Reports. Respondent shall submit compliance reports to the EPA
Region 9 Compliance Officer and the EPA Region 9 LCC Project Coordinator twice per year,
with the first report (covering the period January 1, 2017 through June 30, 2017) due on July 3,
2017, and the second report due on January 1, 2018. Subsequent reports shall be due on the first
business day following each six-month period thereafter. Each compliance report shall discuss
Respondent's progress toward meeting the milestones specified in Section V.A-V.E of this AOC.
Upon notification to Respondent, EPA may require additional status reports, or fewer status
reports, and/or request additional documentation to support the compliance reports for purpose of
documenting compliance with this AOC. Respondent shall continue to submit semiannual
compliance reports until this AOC has been terminated pursuant to the terms of Section XIV
(Termination) of this Consent Order.
63. Each compliance report must be accompanied by a certification from
Respondent's authorized representative that Respondent has met each milestone identified in this
AOC that falls within the preceding two quarters, or, if a milestone was missed, the compliance
report must describe why that milestone was missed and the date certain by which it will be met.
64. Quarterly Meetings with EPA. Respondent must convene quarterly meetings (by
teleconference or at a centralized meeting location) with EPA to discuss Respondent's progress
in complying with the requirements and schedules of this Consent Order. Respondent shall be
responsible for scheduling meetings required under this Paragraph to occur no later than twenty
(20) days after the last day of every calendar quarter (i.e., by April 20th for the period January
through March, by July 20th for the period April through June, by October 20th for the period
July through September, and by January 20th for the period October through December).
Respondent shall provide the EPA Compliance Officer and the EPA LCC Project Coordinator
with notice of the proposed meeting date at the addresses listed in Paragraphs 68 and 69 of this
Consent Order at least fifteen (15) days in advance of the proposed meeting. The first quarterly
meeting shall take place no later than July 20, 2017.
VII. SUBMISSIONS AND NOTIFICATIONS
65. All information and documents submitted pursuant to this Consent Order shall be
signed by a duly authorized representative of the County of Hawai` i.
66. The person signing Respondent's submissions under this Consent Order shall
make the following certification:
I cert� under penalty of law that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate 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 significantpenalties for submittingfalse information, including the possibility
of fine and imprisonment for knowing violations.
67. Submissions by Respondent shall be deemed made on the date they are sent
electronically, or on the date postmarked if sent by U.S. mail. Electronic submissions are
preferred.
68. All submissions made pursuant to this Consent Order shall be sent to the EPA
Region 9 Compliance Officer at the following address:
Mr. Jelani Shareem
l�
U.S. EPA Region 9
Enforcement and Compliance Assurance Division
Drinking Water Section (ECAD 3-3)
75 Hawthorne Street
San Francisco, CA 94105
hareem. le Ian 1@epa.gov
69. Where the Consent Order so specifies, submissions shall also be sent to the EPA
Region 9 LCC Project Coordinator, at the following address:
Ms. Kate Rao
U.S. EPA Region 9
Water Division
Groundwater Protection Section (WTR 4-2)
75 Hawthorne Street
San Francisco, CA 94105
rao.kate(i eia.gov
70. Aaproval of Deliverables. After review of any plan, report, or other item that is
required to be submitted under this Consent Decree, EPA will in writing: (a) approve the
submission; (b) approve the submission upon specified conditions; (c) approve part of the
submission and disapprove the remainder; or (d) disapprove the subnnission.
71. If the submission is approved under Paragraph 70(a), Respondent shall take all
actions required by the plan, report, or other document, in accordance with the schedules and
requirements of the plan, report, or other document, as approved. If the submission is
conditionally approved or approved only in part under Paragraph 70(b) or (c), Respondent shall,
upon written direction from EPA, take all actions required by the approved plan, report, or other
item that EPA determines are technically severable from any disapproved portions.
72. If the submission is disapproved in whole or in part under to Paragraph 70(c) or
(d), Respondent shall, within thirty (30) days or such other time as the Parties agree to in writing,
correct all deficiencies and resubmit the plan, report, or other item, or disapproved portion
its
thereof, for approval, in accordance with the preceding Paragraphs. If the resubmission is
approved in whole or in part, Respondent shall proceed in accordance with the preceding
Paragraph.
73. If a resubmitted plan, report, or other item, or portion thereof, is disapproved in
whole or in part, EPA may again require Respondent to correct any deficiencies, in accordance
with the preceding Paragraphs, subject to the right of EPA to seek stipulated penalties as
provided in Section G.
VIII. RECORD PRESERVATION
74. Until five (5) years after termination of this Consent Order, the Respondent shall
preserve and retain all records and documents now in its possession or control, or which come
into its possession or control, that relate in any manner to the performance of the tasks in this
Consent Order. Until five years after termination of this Consent Order, the Respondent shall
also instruct its agents to preserve all documents, records, and information of whatever kind,
nature or description relating to the performance of the tasks in this Consent Order.
IX. SCOPE OF CONSENT ORDER
75. This Consent Order is not and shall not be construed to be a permit under the
SDWA, nor shall it in any way relieve or affect Respondent's obligations under the SDWA, or
any other applicable federal or State laws, regulations, or permits. Compliance with this Consent
Order shall not be a defense to any actions commenced pursuant to such applicable laws,
regulations, or permits, nor does it constitute a release.
76. Issuance of this Consent Order is not an election by EPA to forego any remedies
available to it under the law, including without limit any administrative, civil or criminal action
to seek penalties, fines, or other appropriate relief under the SDWA. EPA reserves all available
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legal and equitable rights and remedies to enforce any violation cited in this Consent Order, and
the right to seek recovery of any costs and attorney fees incurred by EPA in any actions against
Respondent for non-compliance with this Consent Order.
77. This Consent Order shall in no way affect the rights of EPA or the United States
against any person not a party hereto.
78. Respondent waives any and all remedies, claims for relief and otherwise available
rights or remedies to judicial or administrative review which Respondent may have with respect
to any issue of fact or law set forth in this Consent Order, including, but not limited to, any right ,
of judicial review of the Consent Order under the Administrative Procedure Act. 5 U.S.C. §§
701-708.
XI. INTEGRATION
79. Schedules, documents, plans, etc. that are developed pursuant to this Consent
Order become incorporated into this Consent Order upon written approval by EPA.
80. Any schedule for resubmission of deliverables established in accordance with
Paragraph 72 shall become incorporated into this Consent Order.
81. This Consent Order, and any documents that become incorporated into this
Consent Order pursuant to Paragraphs 79 and 80, constitute the final, complete and exclusive
agreement and understanding among the Parties with respect to the settlement embodied in this
Consent Order. The Parties acknowledge that there are no representations, agreements or
understanding relating to the settlement other than those expressly contained in this Consent
Order.
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XII. SEVERABILII
82. The provisions of this Consent Order shall be severable. If any provision is
declared by a court of competent jurisdiction to be unenforceable, then the remaining provisions
shall remain in full force and effect.
XIII. MODIFICATIONS OF CONSENT ORDER
83. Modification of this Consent Order including any plans or schedules developed
pursuant thereto shall be in writing and shall take effect only when agreed to in writing by both
Parties. Any agreed upon Modification may be executed in one or more counterparts, each of
which shall be deemed an original and all of which together shall constitute the Modification.
XIV. TERMINATION
84. Upon completing the requirements set forth in Section V of this Consent Order,
including any Modiftcations thereto, Respondent shall submit a final written certification of
completion documenting the actions taken and that Respondent has complied with the
requirements of this Consent Order. Respondent's final written certification of completion shall
comply with the requirements set forth above in Paragraph 63. This Consent Order shall
terminate when EPA issues a written approval of Respondent's written certification that
Respondent has fully completed all work required under this Consent Order.
XV. PUBLIC NOTICE
85. EPA's consent to this Consent Order is subject to the requirements of section
1423(c)(3)(B) of the SDWA, 42 U.S.C. § 300h-2(6(3)(B), that EPA provide public notice of,
and reasonable opportunity to comment on, any proposed Consent Order. EPA will publicly
notice this Consent Order and provide the opportunity to the public to comment for thirty (30)
days prior to it becoming effective pursuant to Paragraph 86. EPA reserves the right to withdraw
22
or seek modification to this Consent Order in response to public comments on the proposed
Order. In such case, Respondent will have no obligations under this Consent Order unless and
until a revised Consent Order is agreed upon by the Parties and finalized by EPA. Until such
time, EPA may pursue any "Ald all enforcement options provided by law.
XVI. EFFECTIVE DATE
86. This Consent Order shall become effective no sooner than the end of the 30-day
comment period after signature by both EPA and Respondent, in accordance with Section XV,
and upon written notice to the Respondent identifying the Effective Date of the Order.
87. Revisions to this Consent Order shall become effective immediately upon
signature by the Parties.
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IT IS SO AGREED AND ORDERED:
For the County of Hawaii:
Mayor Harry Kim "/s/"
Mayor Harry Kim
Mayor, County of Hawaii
25 Aupuni Street
Hilo, HI 96720
For U.S. Environmental Protection Agency, Region 9:
Claire Trombadore "/s/" for
Kathleen H. Johnson
Director, Enforcement Division
U.S. Environmental Protection Agency, Region 9
75 Hawthorne Street
San Francisco, CA 94105
r�
May 31, 2017
Date
June 22, 2017
Date
REVISION IS SO AGREED AND APPROVED:
For the County of Hawaii:
�11, Mayor Mitchell D. Roth
Mayor, County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Approved as to Form and Legality:
Deputy Corporation Counsel
County of Hawaii
For U.S. Environmental Protection Agency, Region 9:
Director, Enforcement Division
U.S. Environmental Protection Agency, Region 9
75 Hawthorne Street
San Francisco, CA 94105
�.r�{��•o„•F�U as to Availability o� Fundy
to +hr--� nm,.>unts sand 4or the pvrp�
set forthherein.
— — AIRECYOR OF FINAiV
�V JUN 2022 �
25
Date
Date'