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1 <br /> 46.The EPA's Statement of Position:After the EPA has considered the information <br /> contained in Respondent's Statement of Position and consulted with the DOH when <br /> appropriate,the EPA shall provide Respondent with its Statement of Position.The EPA's <br /> Statement of Position shall include, but need not be limited to,any factual data, analysis, or <br /> opinion supporting that position and any supporting documentation relied upon by the United <br /> States.The determination(s)set forth in the EPA's Statement of Position shall be binding on <br /> Defendants. <br /> 47.The parties may continue to engage in discussions regarding the dispute,and may <br /> resolve all or part of the dispute, prior to the EPA's issuance of its Statement of Position.The <br /> dispute resolution process does not modify the scope of any work or any deadlines set forth in <br /> this Amended Order, except as specified in writing by the EPA. <br /> IX. MODIFICATION <br /> 48. Any request for modification by Respondent shall include the reason(s)for the request <br /> and a timeline for completion. Modification of this Amended Order shall be in writing and shall <br /> take effect only upon approval by the EPA. Failure by Respondent to implement any modified <br /> requirement(s)shall be a violation of this Amended Order. <br /> X. GENERAL PROVISIONS <br /> 49.This Amended Order is binding on Respondent and its officials, officers, directors, . <br /> partners, agents, employees,successors and assigns, and on all persons, independent <br /> contractors, consultants and contractors acting in concert with Respondent. <br /> 50. Respondent shall provide a copy of this Amended Order to any successor in interest to <br /> its control, operation, or any other interest in any portion of its Facility at least thirty(30) <br /> calendar days prior to the transfer, and shall simultaneously notify the EPA in writing,via e- <br /> mail, that such notice has been given. Within fourteen (14) calendar days after the effective <br /> date of this Amended Order or the date of contracting,whichever is later, Respondent shall <br /> provide a copy of this Amended Order to all contractors and/or consultants to perform any of <br /> the work described in Section V. Respondent shall condition the transfer of control, operation <br /> or any other interest in any portion of its Facility and any contract related to the performance <br /> of the work described in Section V upon successful execution of this Amended Order. <br /> 51.This Amended Order is not and shall not be construed to be a permit under the CWA, <br /> nor shall it in any way relieve or affect Respondent's obligations under the CWA, or any other <br /> applicable federal or state laws, regulations, and/or permits. Compliance with this Amended <br /> Order shall be no defense to any actions commenced pursuant to such applicable laws, <br /> regulations, or permits, nor does it constitute a release. <br /> 52.This Amended Order shall in no way affect the rights of the EPA or the United States <br /> against any person not a party hereto. <br /> In re County of Hawai'i,Docket No.CWA-309(a)-24-003 Page 14 of 17 <br />