Public Notice: Proposed Settlement of SDWA Administrative Penalty; The Odom Corporation, Odex Kauai LLC, Odex Lihue LLC, Odex Hilo LLC, and Anheuser-Busch Sales of Hawaii Inc.; Lihue (Kauai) and Keaau (Big Island), HI
Summary
Notice of Proposed Settlement of Safe Drinking Water Act Administrative Penalty and Opportunity to Comment in the matter of The Odom Corporation, Odex Kauai LLC, Odex Lihue LLC, Odex Hilo LLC, and Anheuser-Busch Sales of Hawaii Inc.
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 The Odom Corporation, Odex Kauai LLC, Odex Lihue LLC, Odex Hilo LLC, (the Odom Respondents) and Anheuser-Busch Sales of Hawaii, Inc. (together, the Respondents) to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.
In the Matter of The Odom Corporation, Odex Kauai LLC, Odex Lihue LLC, Odex Hilo LLC, and Anheuser-Busch Sales of Hawaii, Inc., Docket No. UIC-09-2024-0109
Pursuant to 40 C.F.R. §§ 22.13(b) and 22.18(b)(2) - (3), Complainant and Respondents entered into a Proposed Consent Agreement to simultaneously commence and conclude this SDWA civil administrative proceeding. The Proposed Consent Agreement requires the Odom Respondents to close one (1) large-capacity cesspool by no later than December 30, 2025 and two (2) large-capacity cesspools by no later than April 30, 2026. The Proposed Consent Agreement also requires all Respondents to pay to the United States a penalty of One Hundred Sixty Thousand dollars ($160,000). Closure of the large-capacity cesspools and payment of the penalty will resolve EPA’s allegation that Respondents violated 40 C.F.R. § 144.88 by operating three (3) large-capacity cesspools after the ban on existing large-capacity cesspools took effect on April 5, 2005 or any time afterwards.
Complainant: Joel Jones, Acting Director, Enforcement and Compliance Assurance Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105
Respondents: The Odom Corporation Odex Kauai LLC, Odex Lihue LLC, Odex Hilo LLC, and Anheuser-Busch Sales of Hawaii, Inc.
Facilities:
- Kauai Warehouse - 3140 Oihana Street, Lihue, HI 96766 (Tax Map Key: 4-3-6-012-006)
- Lihue Warehouse - 2955 Waapa Road, Lihue, HI 96766 (Tax Map Key: 4-3-2-0003-006)
- Keaau Warehouse - 16-211 Wiliama Place, Keaau, HI 96749 (Tax Map Key: 3-1-6-146-003)
Description of Business or Activity Conducted by the Respondents:
- The Odom Corporation is a family-owned business that markets and distributes brand-name beverages throughout Alaska, Washington, Idaho, Oregon, and Hawaii.
- Odex Kauai LLC, Odex Lihue LLC, and Odex Hilo LLC are subsidiary companies that are owned by The Odom Corporation.
- Anheuser-Busch Sales of Hawaii, Inc. is a wholesale beverage distributer.
Alleged Violations: EPA alleges that Respondents owned and/or operated three (3) 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: $160,000
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 Proposed Consent Agreement and 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.