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27. Respondent's discharge of effluent from the Hilo, Papa'ikou and Kula'imano WWTPs in excess of one or more effluent limits contained in these WWTP's NPDES Permits, as set forth in Paragraph 21, are not in compliance with permit part A.1 and violate section 301(a)of the CWA, 33 U.S.C. §§ 1311(a). 28. Respondent's systemic failure to 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 the NPDES Permits, as set forth in Paragraphs 22-23,violates"Standard NPDES Permit Conditions"Sections 8 and 9 of the NPDES Permits for the Hilo, Papa'ikou, and Kula'imano WWTPs. 29. Respondent's discharges of pollutants from its sewer collection systems to waters of the United States,as set forth in Paragraph 24, were not authorized by an NPDES permit, and therefore violate CWA Section 301(a), 33 U.S.C. § 1311(a). 30. For the violations identified in this Section, the EPA is authorized to issue an order requiring compliance. CWA Section 309(a)(3), 33 U.S.C. § 1319(a)(3). V: ORDER FOR COMPLIANCE ON CONSENT 31. Based on the foregoing Findings of Fact and Determinations of Law and pursuant to the authority of section 309(a) of the CWA,33 U.S.C. § 1319(a), IT IS HEREBY ORDERED and AGREED that Respondent shall do the following: 32. Fully implement the actions specified in Amended Appendix 1, in accordance with the schedule set forth in Amended Appendix 1.Amended Appendix 1 is incorporated herein by reference and is an enforceable provision of this Amended Order. a. For each design, plan and evaluation in Amended Appendix 1 that Respondent is required to submit to the EPA,the EPA will review the submittal to evaluate whether the requirements of this Amended Order have been met.The EPA may also provide comments on the content of any submittal to assist Respondent in effectively achieving compliance with this Amended Order. b. All final submittals specified in Amended Appendix 1(including, but not limited to plans, programs, designs, assessments and schedules)shall be deemed incorporated into,and enforceable pursuant to,this Amended Order. c. The schedule set forth in Amended Appendix 1 assumes that the EPA and DOH will take thirty(30)calendar days to review each submittal.The EPA and DOH may take more than thirty calendar days to review certain submittals, in which case,the EPA will address any adjustments to this review time,and the effect of any such adjustments on Respondent's subsequent due dates, on a case-by-case basis. d. Nothing in Section V or Amended Appendix 1 waives, alters, or affects Respondent's obligations to timely take all measures necessary to address any exceedance, equipment failure, or other event which causes, or threatens to cause,a CWA In re County of Hawaii,Docket No.CWA-309(a)-24-003 Page 10 of 17