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<br /> 02119%98 FRI 12:21 FA% 8089818844 DPW-WASTEWATER DIVISION DPW ,f~0a5 <br /> r ~ <br /> the consent order. <br /> 9. Delays in meeting the project deadline specified in <br /> section 8.2, above, subject the County of a penal,.ty of $10,000 <br /> per month, pro rated. <br /> 10. Failure to supply properly treated effluent as <br /> required by section B.a subjects the County to a penalty equal <br /> v <br /> to three times the value of the effluent not supplied plus the <br /> costs of replacing any landscaping which dies because of the <br /> supply failure. <br /> 11. Determination of what is "properly treated effluent" <br /> shall be guided by the design criteria for the existing <br /> wastewater treatment plant, the effluent requirements of Hawaii <br /> Administrative Rules (HAR) chapter 11-62, and the "Guidelines <br /> for the Treatment and Use of Reclaimed Water," C~oH, November <br /> 22, 1993. This project shall not be construed t.o require the <br /> County to upgrade its treatment beyond that needed to meet <br /> present R-2 water requirements, and in particular shall not be <br /> construed to require the County to make capital improvements <br /> necessary to supply R-1 water without compensation. <br /> EXHIBIT A, page 3 90-WW-EO-10 <br /> <br />