Document gEQkwyB0EwKBqOpx43K8o5O7Q

UNITED STATES * * ENVIRONMENTAL PROTECTIAOGENNC Y REGION 9 SAN FRANCISCO, CA 94105 August 1, 2024 Via Electronic Mail and Certified Mail Return Receipt Requested Liane Otake, General Manager 360 Ewa Beach Golf Club 91-050 Fort Weaver Road Ewa Beach, Hawaii 96706 lotake@ewabeachgc.com RE: Request for Information Pursuant to Section 1445 of the Safe Drinking Water Act (42 USC 300j- 4) for the Wastewater Disposal System(s) that serve the 360 Ewa Beach Golf Club Comfort Station and Maintenance Facilities located by North Road, Tax Map Key (TMK): 1-9-1-001-030. Dear General Manager Otake: Pursuant to section 1445 of the Safe Drinking Water Act (SDWA), 42 U.S.C 300j-4, the United States Environmental Protection Agency, Region IX (EPA) conducted a compliance evaluation inspection on July 22, 2024, of the 360 Ewa Beach Golf Club located at 92-460 Farrington Highway Kapolei, HI 96707 (TMKS: 1-9-2-050-005 and 1-9-2-050-006). The purpose of the inspection was to determine the 360 Ewa Beach Golf Club's compliance with the SDWA's, Underground Injection Control (UIC) regulations provided in the Code of Federal Regulations (CFR) Title 40, Parts 144-148. Specifically, EPA was investigating the potential usage of non - residential large capacity cesspools at the 360 Ewa Beach Golf Club's Comfort Station and Maintenance Facilities located by North Road. The underground injection control (UIC) regulations promulgated by EPA pursuant to the Safe Drinking Water Act (SDWA) required that all existing large capacity cesspools be closed by April 5, 2005. 40 C.F.R. 144.81 (2), 144.88. The UIC regulations define large capacity cesspools as residential cesspools that serve multiple dwellings or non - residential cesspools that have the capacity to serve 20 or more persons per day. Id. 144.81 (2). Cesspools allow raw sewage to be discharged into the ground and are a public health and environmental concern, particularly with regard to the threat they pose to underground sources of drinking water. Additional information on the impact of large capacity cesspools and EPA's efforts to address these impacts can be found at EPA's website: https://www.epa.gov/uic/cesspools-hawaii. Since EPA was unable to determine the manner in which the Comfort Station and Maintenance Facilities located by North Road disposed of sanitary wastewater during the time of the July 22, 2024 compliance evaluation inspection, EPA requires a written response to this correspondence which formally seeks information related to the subsurface wastewater infrastructure that serves the buildings. The SDWA provides EPA with the authority to request information for the purpose of determining compliance with the SDWA and its UIC regulations. Section 1445 of the SDWA, 42 U.S.C. 300j-4, and 40 C.F.R. 144.17. As follow - up to the compliance evaluation inspection, EPA hereby requires the 360 Ewa Beach Golf Club to provide the following information about the methods of sanitary wastewater disposal at the Comfort Station and Maintenance Facilities: 1. Copies of the following existing documents that confirm the Comfort Station and Maintenance Facilities connect to the City and County of Honolulu municipal sewer system: a. any blueprints or drawings showing sewer connections; b. any permits issued by the City and County of Honolulu for the construction or use of sewer laterals; and c. any reports and data from any tests that have been performed at the Comfort Station and Maintenance Facilities, including, but not limited to, records of installation of sewer laterals, inspection reports, and camera and video records. If the 360 Ewa Beach Golf Club is unable to confirm that the Comfort Station and Maintenance. Facilities connect to the City and County of Honolulu municipal sewer system, please provide the following information about the wastewater disposal unit(s) that the serve the Comfort Station and Maintenance Facilities: 1. A narrative description of the nature and physical characteristics of each subsurface wastewater disposal unit(s) / system(s) (e.g., cesspool, septic tank, seepage pit) associated with activities at the Comfort Station and Maintenance Facilities. The description must include the depth, width, and volume of the unit(s) / system(s) (including any associated tanks); and the material, nature, and porosity of the lining, floor, and roof / cap / ceiling of the unit(s) / system(s) (including any associated tanks). 2. For each subsurface wastewater disposal unit / system identified in response to Request # 1, a description of how the unit / system operates to treat and / or dispose of wastewater and whether it is currently in use. 3. A map or drawing, made at a minimum 1:10 scale (or some other easily readable scale) of the Comfort Station and Maintenance Facilities (and surrounding areas if necessary) that clearly identifies the location of each wastewater disposal unit identified in response to Request # 1 and the dwellings, buildings or facilities that are contributing wastewater to those unit(s). 4. Copies of the following existing documents pertaining to the subsurface wastewater disposal unit(s) / system(s) identified in response to Request # 1: 2 a. any blueprints or drawings for the unit(s) / system(s); b. all permits issued by any local, state, or federal agency for the construction or use of the unit(s) / system(s); and c. any reports and data from any tests that have been performed on or at the unit(s) / system(s), including, but not limited to, pumping records, records of installation, inspection reports, percolation tests, and camera and video records. 5. A description of each dwelling, building, and facility that contributes sewage or wastewater to each subsurface wastewater disposal unit / system identified in response to Request # 1 and provide any copies of site plans or as - built drawings for each. 6. A description of the ownership and operational control of the Comfort Station and Maintenance Facilities, including, but not limited to, the percentage ownership of each owner, the nature of operational control for each operator, and the contact information for all owners and operators or managers of the 360 Ewa Beach Golf Club. Provide copies of any / all documents which support the ownership and / or operational control of the Comfort Station and Maintenance Facilities, including, but not limited to, leases, sales agreement, management agreements, operator agreements, etc. 7. A description of the ownership and operational control of each wastewater disposal unit / system identified in response to Request # 1 (e.g., ownership by a homeowner's association) as well as contact information for each owner or operator of the wastewater disposal unit(s) / system(s). If the wastewater disposal unit / system is located off - site (e.g., located on an easement on an adjacent property), provide information regarding this arrangement. 8. For each subsurface wastewater disposal unit / system identified in response to Request # 1, an identification and / or description of the following: a. any time during the past three years, the maximum daily number of persons that cumulatively use or visit the 360 Ewa Beach Golf Club, along with an identification of the source of the data. All submittals made in response to this letter must be accompanied by the following certification, which is to be signed by a duly authorized representative in accordance with 40 C.F.R. 144.32 (b) and (d): " I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of 3 fine and imprisonment for knowing violations. " The 360 Ewa Beach Golf Club's response to this information request must be submitted by September 6, 2024 to Jelani Shareem at shareem.jelani@epa.gov. In lieu of submitting the information by email, the 360 Ewa Beach Golf Club may submit its response to the following address if post - marked by September 6, 2024: Jelani Shareem USEPA, Region 9 Enforcement and Compliance Assurance Division Drinking Water Section (ECAD-3-3) 75 Hawthorne Street San Francisco, CA 94105 Please be advised that failure to submit the information requested pursuant to Section 1445 (a) of the SDWA, 42 U.S.C. 300j-4 (a), and 40 C.F.R. 144.17, is a violation of SDWA and may subject the 360 Ewa Beach Golf Club to an enforcement action by EPA, including an action for monetary penalties. Pursuant to Section 1445 (c) of the SDWA, 42 U.S.C. 300j-4 (c), EPA may seek penalties of up $ 69,733 in any such action. The EPA has promulgated regulations to protect the confidentiality of business information it receives. These regulations are set forth in 40 C.F.R. Part 2, Subpart B. A claim of business confidentiality may be asserted in the manner specified in 40 C.F.R. 2.203 (b) for part or all of the information submitted in response to this letter. EPA will disclose business information covered by such a claim only to the extent authorized by 40 C.F.R. Part 2, Subpart B. If no business confidentiality claim accompanies the information when EPA receives it, EPA may make it available to the public without further notice. The 360 Ewa Beach Golf Club may not withhold any information from EPA on the ground that it is confidential business information. This request for information is not subject to review by the Office of Management and Budget under the Paperwork Reduction Act because it is not a " collection of information " under 44 U.S.C. 3502 (3). It is directed to fewer than ten persons and is an exempt investigation under 44 U.S.C. 3518 (c) (1). Thank you for your attention to this matter. Please feel free to Jelani Shareem at (415) 972-3095 or shareem.jelani@epa.gov with any questions and / or concerns. Sincerely, LAWRENCE TORRES Digitally signed by LAWRENCE TORRES Date: 2024.08.01 08:46:34 -07'00 ' Lawrence Torres, Manager Drinking Water Section Enforcement and Compliance Assurance Division 4 CC: Johnathan Nagato, Hawaii Department of Health Wastewater Branch (jonathan.nagato@doh.hawaii.gov) Mark S. Tomomitsu, Hawaii Department of Health Wastewater Branch (mark.tomomitsu@doh.hawaii.gov) 5