Proposed Consent Agreement and Final Order: Grant T. Kobayashi, Successor Trustee of the Chiyono Kobayashi Trust, Kealakekua, Hawai’i
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