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communities in Hawaii.At the time of this revision, Respondent continues to own, control,and <br /> operate five LCCs in the Pahala and Na'alehu communities. <br /> 4. EPA alleges that Respondent has violated and continues to violate requirements <br /> of the federal Safe Drinking Water Act("SDWA"), 42 U.S.C. §300f et seq., and 40 C.F.R. §§ <br /> 144.84(b)(2)and 144.88, which required owners or operators of existing LCCs to close them no <br /> later than April 5, 2005. <br /> 5. This Consent Order directs Respondent to remedy the ongoing violations relating <br /> to the continued operation of LCCs in the Pahala and Na'alehu communities of Hawaii in <br /> accordance with the compliance schedules set forth in this Consent Order. <br /> 6. EPA and Respondent recognize that this Consent Order was negotiated in good <br /> faith and that Respondent has fully cooperated with the EPA. <br /> II. JURISDICTION <br /> 7. EPA enters into and issues this Consent Order under the authority vested in the <br /> EPA Administrator by section 1423(c)of the SDWA,42 U.S.C. §300h-2(c). <br /> 8. The EPA Administrator has delegated the authority to take these actions to the <br /> Regional Administrator for EPA, Region 9,through EPA Delegation 9-34(May 11, 1994).This <br /> authority has been further delegated to the Director of EPA Region 9's Enforcement and <br /> Compliance Assurance Division by Regional Delegation R9-9-34(Feb. 11, 2013). <br /> 9. The Director of the Enforcement and Compliance Assurance Division of EPA <br /> Region 9 and Respondent,together referred to as"the Parties,"enter into this Consent Order <br /> .,- <br /> voluntarily and hereby agree to the terms of and to the issuance of this Consent Order. <br /> Respondent agrees not to contest EPA's authority or jurisdiction to issue this Consent Order in <br /> 2 <br />