RES 592 Draft 01 2024-2026 - Laserfiche WebLink

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 9 75 Hawthorne Street San Francisco, California 94105 IN THE MATTER OF: ) DOCKET NO. CWA-309(a)-24-003 County of Hawai'i ) ADMINISTRATIVE ORDER,ON CONSENT 25 Aupuni Street Hilo, HI 96720 Respondent. ) Proceeding under Section 309(a)of the Clean Water Act, 33 U.S.C. §1319(a) I. INTRODUCTION 1. This Amended Administrative Order on Consent(Amended Order) is entered into voluntarily by the United States Environmental Protection Agency(EPA)and the County of Hawaii (Respondent). Upon the Effective Date of this Amended Order, as defined in Section XI below,this Amended Order supersedes the prior Administrative Order on Consent, which became effective March 26, 2024. II. STATUTORY AUTHORITY 2. Section 309(a)of the Clean Water Act(CWA), 33 U.S.C. § 1319(a), provides that, whenever the EPA finds that any person is in violation of any condition or limitation which implements,inter alia,Sections 301(a)and 402 of the CWA,33 U.S.C. §§ 1311(a)and 1342,the EPA may issue an order requiring such person to comply with such condition or limitation, and shall specify a time for compliance that the EPA determines to be reasonable. 3. The following Findings of Fact and Determinations of Law are made and this Amended Order is issued pursuant to the authority vested in the EPA by Section 309(a)of the CWA, 33 U.S.C. § 1319(a),as amended.This authority has been delegated to the Regional Administrator of the EPA, Region IX,and further delegated by the Regional Administrator to the Director of the Enforcement and Compliance Assurance Division of the EPA, Region IX. 4. Respondent neither admits nor denies the factual allegations and legal conclusions set forth in Section IV of this Amended Order,except to the extent that those allegations provide the EPA with a jurisdictional basis to enforce this Amended Order. III. STATUTORY AND REGULATORY FRAMEWORK 5. CWA Section 301(a),33 U.S.C. § 1311(a), makes it unlawful for a person to discharge pollutants from a point source into waters of the United States,except as authorized by a 4 TTACH ENT A-3