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COUNTY OF HAWAII <br />STATE OF HAWAII <br />RESOLUTION NO. 02 08 <br />RESOLUTION AUTHORIZING THE MAYOR TO: (1) ENTER INTO A CONSENT <br />AGREEMENT AND FINAL ORDER ("CAFO") WITH THE UNITED STATES <br />ENVIRONMENTAL PROTECTION AGENCY TO SETTLE VIOLATIONS OF THE <br />FEDERAL CLEAN AIR ACT RELATING TO ANNUAL GAS EMISSIONS REPORTS AND <br />CONTROLS FOR THE WEST HAWAII LANDFILL, AND (2) ENTER INTO A FUNDING <br />AGREEMENT WITH WASTE MANAGEMENT OF HAWAII, INC., FOR RECEIPT OF <br />FUNDS AND FOR COUNTY RESPONSIBILITY FOR COMPLETION OF A <br />SUPPLEMENTAL ENVIRONMENTAL PROJECT AT THE CLOSED KAILUA-KONA <br />LANDFILL IN SATISFACTION OF THE: CAFO. <br />WHEREAS, the County of Hawaii ("County") contracted with Waste Management of <br />Hawaii, Inc. ("WMH") to construct and manage the West Hawaii Landfill; and <br />WHEREAS, under said contract, WMH was responsible for compliance with all <br />environmental laws in its management of the West Hawaii Landfill, and to indemnify the <br />County against fines or penalties that might arise from violation of such laws; and <br />WHEREAS, The U. S. Environmental Protection Agency ("EPA") is authorized to <br />enforce the Clean Air Act, including 42 U.S.C. sections 7401-7617q, (the "Act") and to settle <br />violations of said Act; and <br />WHEREAS, under the Act, for operation of the West Hawaii Landfill, WMH was <br />required to calculate the landfill's nonmethane organic compounds ("NMOC") emissions <br />potential and report this to the EPA annually; and <br />WHEREAS, WMH failed to comply with Clean Air Act requirements to timely submit <br />Annual Emission Rate Reports with the EPA for the West Hawaii Landfill, for the years 2001, <br />2002, 2003, 2004, and 2005; and <br />WHEREAS, WMH failed to comply with Clean Air Act requirements, based on the <br />NMOC emissions potential for 2002, to submit to EPA a gas collection and control plan within <br />one year, and install a gas collection and control system ("GCCS") within 30 months, or in the <br />alternative to provide a revised report within 180 days, based on Tier 2 NMOC sampling and <br />analysis that shows emission rates below the threshold requirement for a GCCS; and <br />