UIC-09-2024-0040: Mani Makai Reserve (DE) LLC and Hasegawa General Store Inc, Hana, Maui, Hawaii; Proposed Settlement of SDWA Administrative Penalty
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 Respondents to pay to the United States a penalty of fifty thousand dollars ($50,000). Payment of this penalty and closure of the LCC by no later than December 31, 2024 will resolve EPA’s allegations that the Respondents violated 40 C.F.R. § 144.84(b)(2) and 144.88 by owning and operating the LCC after the ban on existing LCCs 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
Respondents: Mani Makai Reserve (DE), LLC and Hasegawa General Store, Inc.
Facilities: The Hasegawa General Store (Tax Map Key: 2-1-4-003-003). 5165 Hana Highway, Hana, Maui, Hawaii 96713.
Description of Business or Activity Conducted by the Respondents: Mani Makai Reserve (DE), LLC is a private company whose purpose is land conservation. Hasegawa General Store, Inc. is a family run business that services the community with essential needs.
Alleged Violations: EPA alleges that Respondents owned and/or operated one large capacity cesspool (LCC) 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: $50,000