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53. Respondent has a burden of demonstrating,by a preponderance of the evidence,that the <br /> actual or anticipated delay has been or will be caused by force majeure,that the duration of the delay was, <br /> or will be warranted under the circumstances,that Respondent exercised or is using its best efforts to <br /> avoid and mitigate the effects of the delay,and that Respondent complied with the requirements of this <br /> subsection. <br /> 54. In the event that EPA does not agree that a delay in achieving compliance with the <br /> requirements of this Consent Order has been or will be caused by force majeure,EPA will notify <br /> Respondent in writing of EPA's decision and any delays will not be excused.EPA may demand stipulated <br /> penalties for unexcused delay,as set forth in Subsection E. • <br /> VI. REPORTING REQUIREMENTS <br /> 55. Semiannual Reports.Respondent shall submit compliance reports to the EPA Region 9 <br /> Compliance Officer and the EPA Region 9 LCC Project Coordinator twice per year,with the first report <br /> (covering the period January 1,2017 through June 30,2017)due on July 3,2017,and the second report <br /> due on January 1,2018. Subsequent reports shall be due on the first business day following each six- <br /> month period thereafter.Each compliance report shall discuss Respondent's progress toward meeting the <br /> milestones associated with each of the three projects identified in this AOC(the Pahala Community <br /> Cesspool closure project,the Na`alehu Community Cesspool closure project,and the Pahala Elderly <br /> Apartments Cesspool closure project).Upon notification to Respondent,EPA may require additional <br /> status reports,or fewer status reports,and/or request additional documentation to support the compliance <br /> reports for purpose of documenting compliance with this AOC.Respondent shall continue to submit <br /> semiannual compliance reports until this AOC has been terminated pursuant to the terms of Section XIV <br /> (Termination)of this Consent Order. <br /> 56. Each compliance report must be accompanied by a certification from Respondent's <br /> authorized representative that Respondent has met each milestone identified in this AOC that falls within <br /> the preceding quarter,or, if a milestone was missed,the compliance report must describe why that <br /> milestone was missed and the date certain by which it will be met. <br /> 13 <br />