STIPULATIONS AND FINDINGS Sample Clauses

STIPULATIONS AND FINDINGS. Respondent, County of Hawaii DEM, stipulates, and EPA finds as follows: 1. Pursuant to Part C of the Act, 42 U.S.C. §§ 300h-300h-8, EPA has promulgated regulations establishing minimum requirements for UIC programs to prevent underground injection which endangers drinking water sources. These regulations are set forth at 40 C.F.R. Part 144. 2. “Underground injection” means the subsurface emplacement of fluids by well injection. 42 U.S.C. § 300h(d)(1), 40 C.F.R. § 144.3. 3. Pursuant to 40 C.F.R. § 144.88, existing large capacity cesspools are required to be closed no later than April 5, 2005. “Large capacity cesspools” include “multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes, containing human excreta, which have an open bottom and sometimes perforated sides.” 40 C.F.R. § 144.81(2). Large capacity cesspools do not include single family residential cesspools, or non-residential cesspools which receive solely sanitary waste and have the capacity to serve fewer than 20 persons per day. Id. A “cesspool,” is a “drywell,” which in turn is a “well,” as those terms are defined in 40 C.F.R. § 144.3. 4. Pursuant to Section 1422(c) of the Act, 42 U.S.C. § 300h-1(c), and 40 C.F.R. Part 147 Subpart M, Section 147.601, EPA administers the Underground Injection Control (“UIC”) program in the State of Hawaii. This UIC program consists of the program requirements of 40 C.F.R. Parts 124, 144, 146, 147 (Subpart M), and 148. 5. Pursuant to Section 1423(c)(1) of the Act, 42 U.S.C. § 300h-2(c)(1), EPA may assess an administrative compliance order to any person who violates any requirement of an applicable Underground Injection Control (“UIC”) program. 42 U.S.C. § 300h-2(c)(1). 6. Pursuant to Section 1445(a)(1)(A) of the Act, 42 U.S.C. § 300j-4(a), EPA may require any person who is subject to the requirements of the Act to submit information relating to such person’s compliance with the requirements of the Act. 42 U.S.C. § 300j-4(a)(1)(A).

STIPULATIONS AND FINDINGS. Respondent stipulates, and EPA finds as follows: 1. Pursuant to Part C of the Act, 42 U.S.C. §§ 300h-300h-8, EPA has promulgated regulations establishing minimum requirements for Underground Injection Control (“UIC”) programs, to prevent underground injection which endangers drinking water sources. These regulations are set forth at 40 C.F.R. Part 144. 2. “Underground injection” means the subsurface emplacement of fluids by well injection. 42 U.S.C. § 300h(d)(1), 40 C.F.R. § 144.3.

STIPULATIONS AND FINDINGS. Respondent stipulates, and EPA finds as follows: 1. Pursuant to Part C of the Act, 42 U.S.C. §§ 300h-300h-8, EPA has promulgated regulations establishing minimum requirements for UIC programs, to prevent underground injection which endangers drinking water sources. These regulations are set forth at 40 C.F.R. Part 144. 2. “Underground injection” means the subsurface emplacement of fluids by well injection. 42 U.S.C. § 300h(d)(1), 40 C.F.R. § 144.3. 3. Pursuant to 40 C.F.R. § 144.6, Class I underground injection xxxxx include industrial and municipal disposal xxxxx which inject fluids beneath the lowermost formation containing, within one quarter miles of the well bore, an underground source of drinking water. 4. Pursuant to Section 1422(c) of the Act, 42 U.S.C. § 300h-1(c), and 40 C.F.R. Part 147 Subpart F, § 147.251, EPA administers the Underground Injection Control program in the State of California for Class I, III, IV, and V xxxxx. This UIC program consists of the program requirements of 40 C.F.R. Parts 124, 144, 146, 147 (Subpart F), and 148. 5. Pursuant to Section 1423(c) of the Act, 42 U.S.C. § 300h-2(c), and 40 C.F.R. § 19.4, EPA may issue an order assessing an administrative civil penalty of not more than $11,000 for each day of each violation, up to a maximum penalty of $157,500, or requiring compliance, against any person who violates the Act or any requirement of an applicable Underground Injection Control (“UIC”) program. The total administrative penalty for violations which occurred between January 30, 1997 and March 15, 2004, may not exceed $137,500, 42 U.S.C. § 300h-2(c)(1), adjusted for inflation at 40 C.F.R. § 19.4 (69 Fed.Reg. 7121, February 13, 2004). In assessing a penalty for such violations, EPA must take into account: (1) the seriousness of the violations; (2) the economic benefit resulting from the violations; (3) the history of such violations; (4) any good faith efforts to comply with the applicable requirements; (5) the economic impact of the penalty on the violator; and (6) such other matters as justice may require. 42 U.S.C. § 300h-2(c)(4)(B). 6. Pursuant to Section 1445(a)(1)(A) of the Act, 42 U.S.C. § 300j-4(a), EPA may require any person who is subject to the requirements of the Act to submit information relating to such person’s compliance with the requirements of the Act. 42 U.S.C. § 300j-4(a)(1)(A). 7. SMS Briners is a corporation. Thus, Respondent is a “person” within the meaning of Section 1401(12) of the SDWA, 42 U.S....