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15. Respondent's Hilo, Papa'ikou, and Kula'imano wastewater treatment facilities discharge into the Pacific Ocean at outfall locations authorized through NPDES permits.The Pacific Ocean is a "navigable water"and a "water of the United States, including the territorial seas"within the meaning of CWA Section 502(7),33 U.S.C. § 1362(7),and implementing regulations. 16. The Hawaii State Department of Health (DOH) issued NPDES Permit No. HI0021377 for the Hilo Wastewater Treatment Plant(Hilo Permit)to Respondent effective on May 1, 2020. The Permit authorizes Respondent to discharge secondary treated wastewater through Outfall Serial No.001 to the Pacific Ocean through a diffuser at Puhi Bay. The Hilo WWTP serves Hilo, Hawaii and surrounding areas and treats domestic and commercial wastewater generated by approximately 30,000 residents. 17.The DOH issued NPDES Permit No. Hl0021113 for the Papa'ikou Wastewater Treatment Plant(Papa'ikou Permit)to Respondent effective June 1,2021.The Permit authorizes Respondent to discharge secondary treated wastewater through Outfall Serial No. 001 to the Pacific Ocean at Waipahi Point.The Papa'ikou WWTP serves the communities of Papa'ikou and Paukaa and treats domestic wastewater generated by approximately 3,500 residents. 18.The DOH issued NPDES Permit No. HI0020770 for the Kula'imano Wastewater Treatment Plant(Kula'imano Permit)to Respondent effective on April 1, 2017.The Permit authorizes Respondent to discharge secondary treated wastewater through Outfall Serial No. 001 to the Pacific Ocean. The Kula'imano WWTP serves Pepeekeo, Hawaii and treats domestic wastewater generated by approximately 1,500 residents. 19.The Hilo Permit, Papa'ikou Permit,and Kula'imano Permit(collectively the "NPDES Permits")each provide authorization for discharges"in accordance with effluent limitations, monitoring requirements and other conditions set forth herein,"and in the"Standard NPDES Permit Conditions" (http://health.hawaii.gov/cwb/site-map/home/standard-npdes-permit- conditions/).These permit requirements,which are identical except where indicated, include: a. DOH "Standard NPDES Permit Conditions"Section 8(version 15), "Duty to mitigate," requires"The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit or applicable law."See Permit, p. 1. b. DOH "Standard NPDES Permit Conditions"Section 9(version 15), "Proper operation and maintenance," requires"The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances)which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures.This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the Permittee only when the operation is necessary to achieve compliance with the conditions of this permit."See Permit, p. 1. In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 3 of 17