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Pacific Southwest, Region 9

Serving: Arizona, California, Hawaii, Nevada, Pacific Islands, Tribal Nations

Notice of Proposed Administrative Order for Safe Drinking Water Act Violations and Opportunity to Comment in the Matter of the County of Maui, Department of Environmental Management

Publication Date:  August 17, 2011
Public Comment Closes: September 16, 2011

In the Matter of the County of Maui, Department of Environmental Management

Docket No. UIC- 09-2011-0002

The U.S. Environmental Protection Agency (EPA), Region 9, is proposing to issue a Consent Agreement and Final Order (CA/FO) under the authorities of Sections 1423(c) and 1445(a) of the Safe Drinking Water Act (SDWA), 42 U.S.C. §§ 300h-2(c) and 300j-4(a), to the County of Maui, Department of Environmental Management (Respondent), for violation of the Underground Injection Control (UIC) regulations and the SDWA. 

EPA is authorized under Sections 1423(c) and 1445(a) of the SDWA, 42 U.S.C. §§ 300h-2(c) and 300j-4(a), to issue an order, with or without the assessment of penalties, against any person who fails to comply with the requirements of regulations enacted in accordance with Section 1423(c) of the SDWA, 42 U.S.C. Part 300h-1(c).

The Respondent agrees to the issuance of this proposed CA/FO.  In accordance with Section 1423(c)(3)(B) of the SDWA, 42 U.S.C. § 300h-2(c)(3)(B), EPA is hereby providing public notice of, and opportunity to comment on, this proposed settlement in the following matter:

In the Matter of: County of Maui, Department of Environmental Management

Docket No. UIC-09-2011-0002

Complainant: Alexis Strauss, Director, Water Division, U.S. EPA, Region IX,
75 Hawthorne Street, San Francisco, CA 94105

Respondent:  County of Maui, Department of Environmental Management, 2200 Main Street, Suite 100, Wailuku, Hawaii 96793

Description of Business or Activity Conducted by the Respondents:  Owner and operator of the Lahaina Wastewater Reclamation Facility (“LWRF”), located at 3300 Honoapiilani Highway, Lahaina, Hawaii.

Alleged Violations: In the Consent Agreement, EPA alleges that Respondent violated its UIC permit and 40 C.F.R. '' 144.12(a) and 144.82(a), and 42 U.S.C. ' 300h, which prohibit the operation of a Class V well in a manner that allows the movement of fluid containing any contaminant into underground sources of drinking water, if the presence of the contaminant may cause a violation of any primary drinking water regulation under 40 C.F.R. Parts 141 or 142 or otherwise adversely affect the health of persons.  EPA alleges that Respondent has injected effluent into its Class V wells that may cause an exceedence of the primary drinking water standard for fecal coliform.

Proposed Order:  The Order would require Respondent to monitor its injected effluent, improve disinfection of the effluent within 30 days, and install and operate a non-chlorine disinfection system by December 31, 2013.  The Order also provides for stipulated penalties if certain deadlines or other requirements are not met.  The proposed Order is available through the link at the bottom of this notice.

Date Filed with Regional Hearing Clerk:  August 15, 2011
Name, Mailing Address, and Telephone Number of Regional Hearing Clerk:
Regional Hearing Clerk
U.S. Environmental Protection Agency, Region IX
75 Hawthorne Street (ORC-1)
San Francisco, CA 94105
(415) 972-3919

Instructions for Submitting Comments:

Persons wishing to comment upon the proposed CA/FO are invited to submit comments by mail or e-mail to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address above), referencing the docket number for this matter (UIC-09-2011-0002), within 30 days of the date of this public notice.  Written comments must be received (if sent by e-mail) or postmarked (if sent by U.S. mail) on or before the comment closure date noted above.

All comments that are received will be available to the public, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through e-mail.  If you send e-mail directly to the EPA, your e-mail address will be automatically captured and included as part of the public comment. Please note that an e-mail or postal address must be provided with your comments if you wish to receive direct notification of EPA’s final decision regarding this proposed administrative order.

All comments received within this 30-day period will be considered prior to the issuance of a 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.

For More Information:

The proposed CA/FO is available online at:

Consent Agreement and (Proposed) Final Order (PDF) (15 pp, 324KB)

It may also be inspected at the office of the Regional Hearing Clerk during normal business hours.  Federal regulations are available online at www.gpoaccess.gov/cfr.   

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