This is a civil administrative action instituted by EPA Region IX against Respondent pursuant to Section 1423(c) of the Safe Drinking Water Act ( SDWA or the Act ), 42 U.S.C. 300h-2(c), for violations of the SDWA and the Underground Injection Control ( UIC ) requirements set forth at 40 C.F.R. Part 144. Since at least April 5, 2005 , Respondent has owned and operated a cesspool located at the Facility receiving sanitary wastewater from the public bathroom located onsite that has the capacity to serve twenty or more persons per day. Respondent's failure to close the LCC at the Facility by April 5, 2005 or anytime thereafter constitutes an ongoing violation of 40 C.F.R. 144.84(b)(2) and 144.88. Respondent agrees to the assessment of a civil penalty in the amount of $133,000 for the violations at theFacilty of the SDWA alleged in Section III of this CA/FO.