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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX - - IN THE MATTER Oh ~ DOCKET NO. UIC-AO-2005- oU/-~ County of Hawaii, ~ CONSENT AGREEMENT Department of Public Works. ~ Hilo, HI ~ AND FINAL ORDER Proceedings under Section 1423(c) ~ of the Safe Drinking Water Act, ~ 42 U.S.C. § 300h-2(c) ~ CONSENT AGREEMENT L STATUTORY AUTHORITY This Consent Agreement and Final Order is issued under the authorities vested in the Administrator of the United States Environmental Protection Agency ("EPA") by Sections 1423(c) and 1445(a) of the Safe Drinking Water Act (the "Act"), 42 U.S.C. 300h-2(c),300j- 4(a). The Administrator has delegated these authorities to the Regional Administrator of EPA Region LY. The Regional Administrator in turn has delegated these authorities to the Director of the Water Division, EPA Region LY. In accordance with these authorities, the Director of the Water Division, EPA Region 1X, hereby issues, and the County of Hawaii, Department of Public Works ("Respondent") hereby agrees to the issuance of, this Consent Agreement and Final Order. Il. STIPULATIONS AND FINDINGS Respondent, through County of Hawaii, Department of Public Works, stipulates, and EPA finds as follows: 1. Pursuant to Part C of the Act, 42 U.S.C. 300h-300h-8, EPA has promulgated regulations establishing minimum requirements for UIC programs, to prevent underground injection which endangers drinking water sources. These regulations are set forth at 40 C.F.R. Part 144. 2. "Underground injection" means the subsurface emplacement of fluids by well injection. 42 U.S.C. § 300h(d)(]), 40 C.F.R. ~ 144.3. 3. Pursuant to 40 ('.F.R. § 144.88, existing large capacity cesspools are required to be closed no later than April 5, 2005. "Large capacity cesspools" include "multiple dwelling, community or regional cesspools, or other devices that