Pacific Southwest, Region 9
Serving: Arizona, California, Hawaii, Nevada, Pacific Islands, Tribal Nations
Notice of Proposed Administrative Penalty Order for Safe Drinking Water Act Violations and Opportunity to Comment in the Matter of Gay & Robinson, Inc., Kaumakani, Hawaii
Publication Date: October 2, 2009
Public Comment Closes: November 2, 2009
In the Matter of Gay & Robinson, Inc.
Docket No. UIC-09-2009-0004
EPA is authorized under Sections 1423(c) and 1445(a) of the Safe Drinking Water Act (the “Act”), 42 U.S.C. Parts 300h-2(c), 300j-4(a), to assess administrative penalties against any person who fails to comply with the requirements of regulations enacted in accordance with Section 1422(c) of the Act, 42 U.S.C. Part 300h-1(c). This action under Section 1423(c) is conducted in accordance with “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, and the Revocation, Termination or Suspension of Permits” (“Consolidated Rules”), set forth at 40 C.F.R. Part 22. EPA is hereby providing public notice of and opportunity to comment on this proposed Administrative Penalty Order in the following matter:
In the Matter of: Gay & Robinson, Inc., Docket No. UIC-09-2009-0004.
Complainant: Alexis Strauss, Director, Water Division, U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, CA 94105
Respondents: Gay & Robinson, Inc., P. O. Box 156 Kaumakani, HI 96747-0156.
Description of Business or Activity Conducted by the Respondents: Agriculture (Sugar cane farming and processing)
Alleged Violations: Gay & Robinson, Inc. (“G&R”) is allowed to engage in underground injection pursuant to the Underground Injection Control Regulations of 40 C.F.R. Parts 124, 144, 145, 146, 147 and 148. In the proposed Administrative Order, EPA alleges that Respondent failed to close forty (40) large capacity cesspools in violation of the large cesspool ban that took effect on April 5, 2005. These cesspools are located in Kaumakani, County of Kauai, Hawaii.
Proposed Order and Penalty: Up to the maximum administrative penalty of $177,500
Date Filed with Regional Hearing Clerk: September 24, 2009
Name, Mailing Address, Telephone Number, and email of Regional Hearing Clerk:
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105
Please provide the following information along with your comments and submit them in accordance with Part 22: Your full name, mailing address, telephone number, email address, the Docket Number (UIC-9-2009-0004), and a concise statement of the basis for and relevant facts supporting any comment for the case to which you are commenting. Persons wishing to comment on this case, including comments on the amount or basis of the proposed penalty, are invited to submit a statement to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address above), within 30 days of the date of this public notice. All comments received within this 30-day period will be considered in the issuance of the final order. If the 30th day of the comment period falls on a Saturday, Sunday or federal holiday, the deadline shall be extended to the next business day. See 40 C.F.R. 22.7(a).
For More Information
Persons wishing to receive a copy of Part 22, review the documents filed by the parties in this proceeding, comment upon the proposed penalty assessment, or participate in any hearing that may be held, should contact the Regional Hearing Clerk identified above. Unless otherwise noted the public record for the proceeding is located in the EPA Regional Office at 75 Hawthorne Street, San Francisco, California 94105, and the file will be open for public inspection during normal business hours.