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ATTACHMENT A <br /> UNITED STATES ENVIRONMENTAL PROTECTION AGENCY <br /> REGION 9 <br /> 75 Hawthorne Street <br /> San Francisco, California 94105 <br /> IN THE MATTER OF: ) DOCKET NO. CWA-309(a)-24-003 <br /> County of Hawai'i ) ADMINISTRATIVE ORDER ON CONSENT <br /> 25 Aupuni Street <br /> Hilo, HI 96720 <br /> Respondent. ) Proceeding under Section 309(a)of the <br /> Clean Water Act, 33 U.S.C. § 1319(a) <br /> I. INTRODUCTION <br /> 1. This Administrative Order on Consent (Order) is entered into voluntarily by the United <br /> States Environmental Protection Agency(EPA) and the County of Hawaii (Respondent). <br /> II. STATUTORY AUTHORITY <br /> 2. Section 309(a) of the Clean Water Act (CWA), 33 U.S.C. § 1319(a), provides that, <br /> whenever the EPA finds that any person is in violation of any condition or limitation which <br /> implements, inter alia, Sections 301(a) and 402 of the CWA, 33 U.S.C. §§ 1311(a) and 1342,the <br /> EPA may issue an order requiring such person to comply with such condition or limitation, and <br /> shall specify a time for compliance that the EPA determines to be reasonable. <br /> 3. The following Findings of Fact and Determinations of Law are made and this Order is <br /> issued pursuant to the authority vested in the EPA by Section 309(a) of the CWA, 33 U.S.C. § <br /> 1319(a), as amended.This authority has been delegated to the Regional Administrator of the <br /> EPA, Region IX, and further delegated by the Regional Administrator to the Director of the <br /> Enforcement and Compliance Assurance Division of the EPA, Region IX. <br /> 4. Respondent neither admits nor denies the factual allegations and legal conclusions set <br /> forth in Section IV of this Order, except to the extent that those allegations provide the EPA <br /> with a jurisdictional basis to enforce this Order. <br /> III. STATUTORY AND REGULATORY FRAMEWORK <br /> 5. CWA Section 301(a), 33 U.S.C. § 1311(a), makes it unlawful for a person to discharge <br /> pollutants from a point source into waters of the United States, except as authorized by a <br /> National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to CWA <br /> Section 402, 33 U.S.C. § 1342. <br />