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tFA 9i~ s"A~'o. i ~ UNITL-v STATES ENVIRONMENTAL PROTECTION AGENCY ~~t ~o~E REGION IX 75 Hawthorne Street San Francisco, Ca. 94105-3901 SEP 2 41993 Ms. Donna Kiyosaki County Engineer Department of Public works County of Hawaii 25 Aupuni Street Hiio, Hawaii 96720-4292 Subject: Audit Report No. E2CWM0-09-0052-2200030 Grant Nos. C15-0060-02 and C15-0062-06 Docket No. 09-93-AD03 Dear Ms. Kiyosaki: This is a revised Final Determination Letter (FDL) by the Regional Disputes Decision Official (DDO) in accordance with 40 CFR Part 30, Subpart L. This revised FDL resolves a dispute at the Regional Administrator level. After review of additional supporting documentation and arguments provided by the County of Hawaii (County), I hereby revise the March 23, 1993 final determination as described in the following. The notes below correspond to the notes in the Audit Report Summary of Findings. Please note that some of the documentation submitted by the County does not meet the requirements of the auditors at the audit resolution stage, however, this documentation does meet the equivalency requirements at the RA level and is hereby accepted. This decision does not set precedent for resolution of similar issues raised in future audit reports. Note 2A C15-0060-02 In the March 23, 1993 FDL, I disallowed $6,891,902 for the underutilization of the Papaikou Wastewater Treatment Plant and interceptor sewers for Papaikou and Paukaa. The current flow to the treatment plant is .14mgd, which is only 40$ of the .35 mgd design capacity. In order for the cost of this grant to be eligible, at least 75~ of the homes and structures in Papaikou and Paukaa must be connected to the sewers. The County must also show that the treatment plant receives flows of at least 75% of the design capacity. After reviewing the basis for design and the most recent census information documenting an unexpected decline in ' ~ Prin fed on Recyc'