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Public Notice: Proposed Settlement of SDWA Administrative Penalty; Smoky Mountain Helicopters Inc., dba Maverick Helicopter

Publish Date: 12/16/2020


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 Smoky Mountain Helicopters Inc., dba Maverick Helicopter, to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.

In the Matter of Smoky Mountain Helicopters Inc., dba Maverick Helicopter, Docket No. UIC-09-2021-0013

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 pay to the United States a penalty of forty-five thousand dollars ($45,000) and close one (1) Large Capacity Cesspools (“LCC”) by April 30, 2021. Payment of this penalty and closure of the LCC will resolve EPA’s allegations that the Respondent violated 40 C.F.R. § 144.88 by owning and/or operating one (1) LCC after the ban on existing LCCs 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: Smoky Mountain Helicopters, Inc., dba Maverick Helicopter

Facility: Port Allen Airport, located at 3666 Kuiloko Rd, Eleele, HI 96705 (Tax Map Key: 4-1-8-008-005).

Description of Business or Activity Conducted by the Respondent: The Port Allen Airport functions as a general aviation airport that is currently used for helicopter tours of Kauai’s Na Pali coast and Waimea Canyon.

Alleged Violations: EPA alleges that Respondent operates one (1) LCC in violation of the ban that took effect on April 5, 2005 40 C.F.R. § 144.88.

Proposed Order and Penalty: $45,000

Applicant or Respondent

Smoky Mountain Helicopters Inc., dba Maverick Helicopter
1620 Jet Stream Drive
Henderson, NV 85092