Consent Agreement and Proposed Final Order: Harry & Jeanette Weinberg Foundation Inc., Lihue, HI
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 the Respondent to pay to the United States a penalty of one-hundred and fifty-eight thousand dollars ($158,000) and close one large capacity cesspool no later than December 31, 2025. During settlement discussions, Respondent closed two large capacity cesspools at its property. The closure of the remaining cesspool and payment of the penalty will resolve EPA’s allegation that the Respondent violated 40 C.F.R. § 144.88 by owning and/or operating three (3) large capacity cesspools after the ban 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: The Harry & Jeanette Weinberg Foundation Inc.
Facilities:
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3145 Oihana Street, Lihue, HI 96766 (TMK: 4-3-6-012-015) (closed May 2024)
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3156 Oihana Street, Lihue, HI 96766 (TMK: 4-3-6-012-004) (closed July 2024)
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4480 Ahukini Road, Lihue, HI 96766 (TMK: 4-3-6-007-033) (not closed)
Description of Business or Activity Conducted by the Respondent: The Harry & Jeanette Weinberg Foundation Inc. operate the three facilities as commercial rental space.
Alleged Violations: For purposes of this enforcement action only, EPA alleges that Respondent owns and/or operates three (3) LCCs in violation of the ban that took effect on April 5, 2005, 40 C.F.R. § 144.88.
Proposed Order and Penalty: CA/FO $158,000
EPA Docket No: UIC-09-2024-0062