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�(V OF <br /> COUNTY OF HAWAII 1. STATE OF HAWAII <br /> •r�OF•M'•1� <br /> RESOLUTION NO. 702 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 />