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54.The provisions of this Order shall be severable. If any provision is declared by a court of competent jurisdiction to be unenforceable,then the remaining provisions shall remain in full force and effect. Notwithstanding the foregoing,this Order shall become null and void should a court of competent jurisdiction, in the final decision of a case, determines that Paragraph 32 is unenforceable. 55. Respondent consents to and agrees not to contest the EPA's authority or jurisdiction to issue and enforce this Order. Respondent waives any and all remedies, claims for relief and otherwise available rights to judicial or administrative review that Respondent may have with respect to any issue of fact or law set forth in this Order, including any right of judicial review under Chapter 7 of the Administrative Procedure Act, 5 U.S.C. §§ 701-706. 56. Failure to comply with the terms of this Order may result in liability for statutory civil penalties under section 309(d) of the CWA, 33 U.S.C. § 1319(d), as modified by 40 C.F.R. Part 19. Upon suit by the EPA, a United States District Court may impose such penalties if the court determines that Respondent has violated the CWA as described above and failed to comply with the terms of this Order. In determining the amount of any penalty the court will consider the seriousness of the violations, the economic benefit (if any) resulting from the violations, any history that Respondent may have of such violations, any good faith efforts that Respondent has made to comply with legal requirements,the economic impact a penalty may have upon Respondent, and such other matters as justice may require. 57. Issuance of this Order is not an election by the EPA to forego any remedies available to it under the law, including without limit any administrative, civil or criminal action to seek penalties, fines, or other appropriate relief under the CWA.The EPA reserves all available legal and equitable rights and remedies to enforce any violations cited in this Order, and the right to seek recovery of any costs and attorney fees incurred by the EPA in any actions against Respondent for non-compliance with this Order. Should the EPA pursue such action, Respondent reserves any defenses and affirmative claims it may have with respect to the violations cited in this Order, except that pursuant to Paragraph 55, Respondent may not contest EPA's authority or jurisdiction to issue and enforce this Order. 58. In accordance with section 309(a)(4) of the CWA, 33 U.S.C. § 1319(a)(4),the EPA will provide notice and a copy of this Order to the DOH upon execution. 59.The undersigned signatory for Respondent certifies that he or she is authorized to execute this Order and legally bind the Respondent. 60. For purposes of the identification requirement in section 162(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. § 162(f)(2)(A)(ii), and 26 C.F.R. § 162-21(b)(2), performance of the compliance activities called for under Part V of this Order is "restitution," "remediation," or "required to come into compliance with the law." XI. EFFECTIVE DATE 61.This Order shall become effective on the date it is signed by the EPA. In re County of Hawai'i, Docket No. CWA-309(a)-24-003 Page 15 of 17