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17. The provisions of this CA/FO shall be binding upon Respondent, its officers, <br /> directors, agents, servants, authorized representatives, employees, and successors <br /> or assigns. Action or inaction of any persons, firms, contractors, employees, <br /> agents, or corporations acting under, through, or for Respondent shall not excuse <br /> any failure of Respondent to fully perform its obligations under this CA/FO. <br /> 18. Respondent shall give notice, and provide a copy of this CA/FO, to any <br /> successor-in-interest prior to transfer of ownership or operation of the large <br /> capacity cesspool referred to in paragraph 8. Such transfer, however, shall have <br /> no effect on Respondent's obligation to comply with this CA/FO. Respondent <br /> shall notify EPA in writing at least thirty (30) days prior to any such transfer of <br /> ownership or operation of the large capacity cesspool referred to in paragraph 8. <br /> 19. Each undersigned signatory to this Consent Agreement certifies that he or she is <br /> duly and fully authorized to enter into and ratify this Consent Agreement. <br /> 20. Respondent consents to the issuance of this CA/FO and the conditions specified <br /> herein. <br /> 21. Respondent waives any right to a hearing under Section 1423(c)(3) of the Act, 42 <br /> U.S.C. §300h-2(c)(3) for the violations alleged in the Consent Agreement, to <br /> otherwise contest the allegations contained in the Consent Agreement, or to <br /> appeal the CA/FO. <br /> 22. This CA/FO does not constitute a waiver, suspension, or modification of the <br /> requirements of any federal, state, or local statute, regulation, or condition of any <br /> permit issued thereunder, including the requirements of the Act and <br /> accompanying regulations. <br /> 23. Issuance of this CA/FO does not in any case affect the right of EPA to pursue <br /> civil or criminal remedies and/or sanctions including appropriate injunctive or <br /> other equitable relief and(or penalties, for any violations of law. <br /> 24. Issuance of or compliance with this CA/FO does not waive, extinguish, satisfy, or <br /> otherwise affect Respondent's obligation to comply with all applicable <br /> requirements of the Act, regulations promulgated thereunder, and any order or <br /> permit issued thereunder. <br /> 25. EPA reserves any and all legal and equitable remedies available to enforce this <br /> CA/FO, as well as the right to seek recovery of any costs and attorneys' fees <br /> incurred by EPA in any actions against Respondent for noncompliance with this <br /> CA/FO. Violation of this CA/FO shall be deemed a violation of the Act. <br /> <br /> 26. Except as stated in paragraph 24, each party hereto shall bear its own costs and <br /> attorneys fees incurred in this proceeding. <br /> 4 <br /> <br />