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• Statement of Position shall include, but need not be limited to,any factual data,analysis,or opinion supporting that position and any supporting documentation relied upon by the United States.The determination(s)set forth in the EPA's Statement of Position shall be binding.on Defendants. • 47.The parties may continue to engage in discussions regarding the dispute,and may resolve all or part of the dispute,prior to the EPA's issuance of its Statement of Position.The dispute resolution process does not modify the scope of any work or any deadlines set forth in this Order,except as specified in writing by the EPA. • IX. MODIFICATION 48.Any request for modification by Respondent shall include the reason(s)for the request and a timeline for completion. Modification of this Order shall be in writing and shall take effect only upon approval by the EPA. Failure by Respondent to implement any modified requirement(s)shall be a violation of this Order. X. GENERAL PROVISIONS 49.This Order is binding on Respondent and its officials,officers,directors, partners,agents, employees,successors and assigns,and on all persons,independent contractors,consultants and contractors acting in concert with Respondent. 50. Respondent shall provide a copy of this Order to any successor in interest to its control, • operation, or any other interest in any portion of its Facility at least thirty(30)calendar days prior to the transfer,and shall simultaneously notify the EPA in writing,via e-mail,that such notice has been given. Within fourteen(14)calendar days after the effective date of this Order or the date of contracting,whichever is later, Respondent shalt provide a copy of this Order to all contractors and/or consultants to•perform any of the work described in Section V. Respondent shall condition the transfer of control,operation or any other interest in any portion of its Facility and any contract related to the performance of the work described in Section V upon successful execution of this Order. 51.This Order is not and shall not be construed to be a permit under the CWA,nor shall it In any way relieve or affect'Respondent's obligations under the CWA,or any other'applicable federal or state laws, regulations,and/or permits.Compliance with this Order shall be no defense to any actions commenced pursuant to such applicable laws,regulations,or permits, nor does it constitute a release. • 52.This Order shall in no way affect the rights of the EPA or the United States against any person not a party hereto. • 53.This Order shall in no way limit or affect the EPA's authority to obtain information,and to enter, inspect,sample or monitor compliance under any law, permit,court order or agreement. • • In re County of Hawai'i,Docket No. CWA-309(a)-24-003 Page 14 of 17