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Brett Moffatt, Office of Regional Counsel, US EPA. Moffatt.Brett@epa.gov As to the DOH: Bobbie Teixeira, Clean Water Branch, Hawaii Department of Health Bobbie.Teixeira@doh.hawaii.gov Dale Sakata, Hawaii Deputy Attorney General, Health Division dale.k.sakata@hawaii.gov All reports, notifications, documentation, and submittals required by this Order shall be signed by a duly authorized representative of Respondent as specified by 40 C.F.R. § 122.22 and shall include the following statement: "I certify under the 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." 43. Respondent shall preserve and retain all records and documents now in its possession or control, or which come into its possession or control,that relate in any manner to the performance of the tasks in this Order, until five (5)years after termination of this Order. Respondent shall also instruct its agents to preserve all documents, records, and information of whatever kind, nature or description relating to the performance of the tasks in this Order. VIII. DISPUTE RESOLUTION 44. Informal Negotiations: Any dispute under this Order shall first be the subject of informal negotiations. If informal negotiations are unsuccessful, the EPA's determination(s) shall control, unless Respondent invokes dispute resolution pursuant to this Section by submitting a written Notice of Dispute and Statement of Position to the EPA at the addresses set forth in Section VII (Submissions and Record Retention). 45. Respondent's Notice of Dispute and Statement of Position:The Notice of Dispute shall reference this provision of this Order and clearly state the matter in dispute.The Statement of Position shall include, but need not be limited to, any factual data, analysis, or opinion supporting Respondent's position and any supporting documentation relied upon by Respondent. 46.The EPA's Statement of Position:After the EPA has considered the information contained in Respondent's Statement of Position and consulted with the DOH when appropriate,the EPA shall provide Respondent with its Statement of Position.The EPA's In re County of Hawai'i, Docket No.CWA-309(a)-24-003 Page 13 of 17