Public Notice: Proposed Settlement of Safe Drinking Water Act Administrative Penalty: I. Kitagawa and Company, Limited
Summary
In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act (SDWA or Act), 42 U.S.C. § 300h-2(c)(3)(B), and the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits” (Consolidated Rules) at 40 C.F.R. Part 22, notice is hereby given of a proposed settlement, recorded in a Consent Agreement and Proposed Final Order (Proposed Consent Agreement), between the U.S. Environmental Protection Agency, Region 9 (EPA) and I. Kitagawa and Company, Limited to resolve the following civil administrative proceeding.
In the Matter of I. Kitagawa and Company, Limited, Docket No. SDWA-09-2026-0084
Pursuant to 40 C.F.R. §§ 22.13(b) and 22.18(b)(2) - (3), Complainant and Respondent entered into a Proposed Consent Agreement to simultaneously commence and conclude this SDWA civil administrative proceeding. The Proposed Consent Agreement requires Respondent to close two large-capacity cesspools and pay to the United States a penalty of ONE HUNDRED FORTY-EIGHT THOUSAND FOUR HUNDRED SIXTY-EIGHT DOLLARS ($148,468). Payment of the penalty and closure of the two large-capacity cesspools by no later than June 1, 2027 will resolve EPA’s allegations that the Respondent violated 40 C.F.R. § 144.84(b)(2) and 144.88 by owning and operating the large-capacity cesspools after the ban on existing large-capacity cesspools took effect on April 5, 2005.
Complainant: Amy C. Miller-Bowen, Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105
Respondent: I. Kitagawa and Company, Limited
Facilities:
- Commercial building at 81-6245 Mamalahoa Highway, Captain Cook (TMK: 3-8-1-009-011); and
- Commercial building at 64-1019 Mamalahoa Highway, Waimea (TMK: 3-6-4-006-011)
Description of Business or Activity Conducted by the Respondent: Engaged in the sale of new and used cars and car parts.
Alleged Violations: EPA alleges that Respondent owned and/or operated two large-capacity cesspools in violation of the ban that took effect on April 5, 2005. 40 C.F.R. § 144.84(b)(2) and 144.88.
Proposed Order and Penalty: $148,468
For More Information
Persons wishing to receive a copy of the Consolidated Rules, review the documents filed by the parties in this proceeding, comment upon the Consent Agreement and Proposed Final Order or participate in any hearing that may be held, may contact the Regional Hearing Clerk identified above. Please note that the federal regulations are available online at the Code of Federal Regulations (CFR) website. Unless otherwise noted, the public record for the proceeding is located at the office of the Regional Hearing Clerk (address above) and the file will be open for public inspection during normal business hours.
Docket Numbers
- SDWA-09-2026-0084