Document rpOENeByMMJGY3z9BOwaJa5wa

UNITED STATES UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AGENCYREGION IX EONNMVEINTRAO PNRMOTEENCTI7O5N SHana wFrtahncoirsncoe, CSAt 9r4e10e5t- 3901 Via Electronic Mail Russ Winkelman, General Manager The Gas Company, LLC 3990 Rice Street Lihue, HI 96766 rwinkelman@hawaiigas.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 serves Tax Map Keys (TMKs): 4-3-6-012-023 and 4-3-6-012-026. Dear General Manager Winkelman: Information in the Environmental Protection Agency, Region IX's (EPA) possession indicates that The Gas Company, LLC is the registered fee owner of two non - residential properties located at 3990 Rice St, Lihue, HI 96766 (TMKS: 4-3-6-012-023 and 4-3-6-012-026), hereinafter referred to as " the Subject Properties. " Since EPA has additional information that indicates the Subject Properties may be utilizing one or more cesspools that fit the regulatory definition of a non - residential large capacity cesspool (LCC), EPA requires a written response with information related to the subsurface wastewater infrastructure serving the Subject Properties. The underground injection control (UIC) regulations promulgated by EPA pursuant to the Safe Drinking Water Act (SDWA) required that all existing LCCs be closed by April 5, 2005. 40 C.F.R. 144.81 (2), 144.88. The UIC regulations define LCCs 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 LCCs and EPA's efforts to address these impacts can be found at EPA's website: https://www.epa.gov/uic/cesspools-hawaii. The SDWA provides EPA with the authority to request information for the purpose of determining compliance with the SDWA and its UIC regulations. 42 U.S.C. 300j-4 (a); 40 C.F.R. 144.17. Pursuant to this authority, EPA hereby requires The Gas Company, LLC to provide the following information about the subsurface wastewater disposal unit(s) / system(s) that it owns and / or operates at the Subject Properties: 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) located at the Subject Properties or associated with activities at the Subject Properties. 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 Subject Properties (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: 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 Subject Properties, 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 Subject Properties. Provide copies of any / all documents which support the ownership and / or operational control of the Subject Properties, 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 are located off the Subject Properties (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: 2 a. the type of business or activity operated on the Subject Properties (as identified in response to Request # 5) that contributes wastewater to that unit, along with a description of the nature of the wastewater (e.g., sewage, rinse water, etc.) and b. any time during the past three years, the maximum daily number of persons that cumulatively use or visit the Subject Properties, 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 fine and imprisonment for knowing violations. " The Gas Company, LLC's response to this information request must be submitted by May 31, 2023 to Jelani Shareem at shareem.jelani@epa.gov. In lieu of submitting the information by email, The Gas Company, LLC may submit its response to the following address if post - marked by May 31, 2023: 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 Gas Company, LLC, 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 $ 62,689 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 Gas Company, LLC may not withhold any information from EPA on the ground that it is confidential business information. 3 3 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 contact 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: 2023.04.25 12:29:26 -07'00 ' Lawrence Torres, Manager Drinking Water Section Enforcement and Compliance Assurance Division 4