2008-07-22 Resolution_702-08_re_Violations_of_federal_clean_air_act_gas_emissions_and_controls_for_West_Hawaii_Landfill

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1. Effective Date. This Agreement shall be effective upon date that the CAFO is effective pursuant to Paragraph 54 of the CAFO. 2. WMH's Obligations. WMH hereby agrees to the following obligations: 2.1. WMH shall timely pay to EPA the civil penalty amount of THIRTY THREE THOUSAND FIVE HUNDRED DOLLARS ($33,500.00) as required by Paragraph 31 of the CAFO; 2.2. Within TWENTY (20) days after written demand by the County, WMH shall pay to the County the amount of ONE HUNDRED AND ONE THOUSAND FIVE HUNDRED DOLLARS ($101,500.00) for the County to use to pay for the costs of the SEP (the"SEP Fund"); 2.3. WMH shall indemnify, hold harmless and defend the County from and against any and all liabilities, liquidated damages,penalties, fines, forfeitures, fees, demands, claims, causes of action, suits,judgments and costs and expenses incidental thereto, including attorneys' fees (collectively, "Damages"), which the County may hereafter suffer, incur, be responsible for or pay out, arising from or in connection with any future WMH breach of the following paragraphs of the CAFO: .(a) Paragraphs 31 and 32 (Penalty Assessment); (b) Paragraph 35 (Tax Treatment of SEP expenditures); (c) Paragraph 36 (Certification of SEP),with respect to WMH's certifications thereunder; (d) Paragraph 43 (Stipulated Penalties for Failure to Pay Penalty); and (e) Paragraphs 45 and 46,to the extent such Damages arise as a result of WMH's failure to pay the penalty in accordance with Paragraph 31. 3. County's Obligations. The County hereby agrees to the following obligations: 3.1. The County shall use the SEP Fund only for the purpose of performing and completing the SEP in accordance with the CAFO; 3.2. The County shall pay for and cause the completion of the SEP, as required by Paragraphs 33 through 42 of the CAFO, including, but not limited to, completing the SEP Workplan,paying all consultants and contractors hired to complete the SEP,preparing and submitting to EPA all documentation required in connection with SEP,preparation of the SEP Completion Report, and responding to and correcting any deficiencies identified by EPA in the SEP Completion Report; 3.3. To the extent permitted by law, and subject to any necessary appropriations and financial procedures,the County shall indemnify,hold harmless and defend WMH from and against any and all liabilities, liquidated damages,penalties, fines, forfeitures, fees, demands, claims, causes of action, suits,judgments and costs and expenses Page 2 of 5