Public Notice: Grant T. Kobayashi, Successor Trustee of the Chiyono Kobayashi Trust; Proposed Settlement of Safe Drinking Water Act Administrative Penalty, Kealakekua, Hawai’i
Summary
Notice of Proposed Settlement of Safe Drinking Water Act Administrative Penalty and opportunity to comment in the matter of Grant T. Kobayashi, Successor Trustee of the Chiyono Kobayashi Trust.
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 Grant T. Kobayashi, Successor Trustee of the Chiyono Kobayashi Trust to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.
In the Matter of Grant T. Kobayashi, Successor Trustee of the Chiyono Kobayashi Trust, Docket No. UIC-09-2025-0025
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 one large capacity cesspool and pay to the United States a penalty of two thousand dollars ($2,000). Payment of the penalty 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 cesspool 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: Grant T. Kobayashi, Successor Trustee of the Chiyono Kobayashi Trust.
Facilities: Club Rehab, located at 79-7422-B Mamalahoa Highway, Kealakekua, Hawai’i, 96750. Tax Map Key: 3-7-9-007-003.
Description of Business or Activity Conducted by the Respondents: The facility functions as a physical therapy office and gym.
Alleged Violations: EPA alleges that Respondent owned and/or operated one large capacity cesspool in violation of the ban that took effect on April 5, 2005. 40 C.F.R. § 144.84(b)(2) and 144.88. Respondent closed the LCC at the property and filed a Backfilling Final Completion Report with the Hawai’i Department of Health (DOH) on August 14, 2024.
Proposed Order and Penalty: $2,000
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-right) and the file will be open for public inspection during normal business hours.
Applicants or Respondents
Grant T. Kobayashi, Successor Trustee of the Chiyono Kobayashi TrustClub Rehab, located at 79-7422-B Mamalahoa Highway
Kealakekua, HI 96750
United States