Common use of STIPULATIONS AND FINDINGS Clause in Contracts

STIPULATIONS AND FINDINGS. Respondent, County of Hawaii DEM, stipulates, and EPA finds as follows: 1. Pursuant to Part C of the Act, 42 U.S.C. §§ 300h-300h-8, EPA has promulgated regulations establishing minimum requirements for UIC programs to prevent underground injection which endangers drinking water sources. These regulations are set forth at 40 C.F.R. Part 144. 2. “Underground injection” means the subsurface emplacement of fluids by well injection. 42 U.S.C. § 300h(d)(1), 40 C.F.R. § 144.3. 3. Pursuant to 40 C.F.R. § 144.88, existing large capacity cesspools are required to be closed no later than April 5, 2005. “Large capacity cesspools” include “multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes, containing human excreta, which have an open bottom and sometimes perforated sides.” 40 C.F.R. § 144.81(2). Large capacity cesspools do not include single family residential cesspools, or non-residential cesspools which receive solely sanitary waste and have the capacity to serve fewer than 20 persons per day. Id. A “cesspool,” is a “drywell,” which in turn is a “well,” as those terms are defined in 40 C.F.R. § 144.3. 4. Pursuant to Section 1422(c) of the Act, 42 U.S.C. § 300h-1(c), and 40 C.F.R. Part 147 Subpart M, Section 147.601, EPA administers the Underground Injection Control (“UIC”) program in the State of Hawaii. This UIC program consists of the program requirements of 40 C.F.R. Parts 124, 144, 146, 147 (Subpart M), and 148. 5. Pursuant to Section 1423(c)(1) of the Act, 42 U.S.C. § 300h-2(c)(1), EPA may assess an administrative compliance order to any person who violates any requirement of an applicable Underground Injection Control (“UIC”) program. 42 U.S.C. § 300h-2(c)(1). 6. Pursuant to Section 1445(a)(1)(A) of the Act, 42 U.S.C. § 300j-4(a), EPA may require any person who is subject to the requirements of the Act to submit information relating to such person’s compliance with the requirements of the Act. 42 U.S.C. § 300j-4(a)(1)(A).

STIPULATIONS AND FINDINGS. Respondent, County through Xxxxx X. Xxxxx, Chairperson, Board of Hawaii DEMLand and Natural Resources, stipulates, and EPA finds as follows: 1. Pursuant to Part C of the Act, 42 U.S.C. §§ 300h-300h-8, EPA has promulgated regulations establishing minimum requirements for UIC programs programs, to prevent underground injection which endangers drinking water sources. These regulations are set forth at 40 C.F.R. Part 144. 2. “Underground injection” means the subsurface emplacement of fluids by well injection. 42 U.S.C. § 300h(d)(1), 40 C.F.R. § 144.3. 3. Pursuant to 40 C.F.R. § 144.88, existing large capacity cesspools are required to be closed no later than April 5, 2005. “Large capacity cesspools” include “multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes, containing human excreta, which have an open bottom and sometimes perforated sides.” ”. 40 C.F.R. § 144.81(2). Large capacity cesspools do not include single family residential cesspools, cesspools or a non-residential cesspools which receive solely sanitary waste and have the capacity to serve fewer than 20 persons per day. Id. A “cesspool,” is a “drywell,” which in turn is a “well,” as those terms are defined in 40 C.F.R. § 144.3. 4. Pursuant to Section 1422(c) of the Act, 42 U.S.C. § 300h-1(c), and 40 C.F.R. Part 147 Subpart M, Section § 147.601, EPA administers the Underground Injection Control (“UIC”) program in the State of Hawaii. This UIC program consists of the program requirements of 40 C.F.R. Parts 124, 144, 146, 147 (Subpart M), and 148. 5. Pursuant to Section 1423(c)(1) of the Act, 42 U.S.C. § 300h-2(c)(1), EPA may assess an administrative compliance order to any person who violates any requirement of an applicable Underground Injection Control (“UIC”) program. 42 U.S.C. § 300h-2(c)(1). 6. Pursuant to Section 1445(a)(1)(A) of the Act, 42 U.S.C. § 300j-4(a), EPA may require any person who is subject to the requirements of the Act to submit information relating to such person’s compliance with the requirements of the Act. 42 U.S.C. § 300j-4(a)(1)(A). 7. Respondent, State of Hawaii, Department of Land and Natural Resources, is a state agency. Thus, Respondent is a “person” within the meaning of Section 1401(12) of the SDWA, 42 U.S.C. § 300f(12), and 40 C.F.R. § 144.3. 8. Respondent owns and operates 60 large capacity cesspools. The list of large capacity cesspools owned and operated by Respondent appears in Schedule 1, attached hereto and incorporated by reference. 9. Respondent did not close the large capacity cesspools referred to in paragraph 8 by April 5, 2005 as required by 40 C.F.R. § 144.88. 10. Respondent intends to undertake the measures outlined in Schedule 1, attached hereto and incorporated by reference, by the dates specified in order to close the large capacity cesspools referred to in paragraph 8. 11. Based on all the foregoing, Respondent has violated the requirement that all large capacity cesspools be closed by April 5, 2005, and is therefore in violation of 40 C.F.R. § 144.88.

STIPULATIONS AND FINDINGS. Respondent, County of Hawaii DEM, Respondent stipulates, and EPA finds as follows: 1. Pursuant to Part C of the Act, 42 U.S.C. §§ 300h-300h-8, EPA has promulgated regulations establishing minimum requirements for UIC programs programs, to prevent underground injection which endangers drinking water sources. These regulations are set forth at 40 C.F.R. Part 144. 2. “Underground injection” means the subsurface emplacement of fluids by well injection. 42 U.S.C. § 300h(d)(1), 40 C.F.R. § 144.3. 3. Pursuant to 40 C.F.R. § 144.88, existing large capacity cesspools are required to be closed no later than April 5, 2005. “Large capacity cesspools” include “multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes, containing human excreta, which have an open bottom and sometimes perforated sides.” ”. 40 C.F.R. § 144.81(2). Large capacity cesspools do not include single family residential cesspools, cesspools or a non-residential cesspools which receive solely sanitary waste and have the capacity to serve fewer than 20 persons per day. Id. A “cesspool,” is a “drywell,” which in turn is a “well,” as those terms are defined in 40 C.F.R. § 144.3. 4. Pursuant to Section 1422(c) of the Act, 42 U.S.C. § 300h-1(c), and 40 C.F.R. Part 147 Subpart M, Section § 147.601, EPA administers the Underground Injection Control (“UIC”) program in the State of Hawaii. This UIC program consists of the program requirements of 40 C.F.R. Parts 124, 144, 146, 147 (Subpart M), and 148. 5. Pursuant to Section 1423(c)(11423(c) of the Act, 42 U.S.C. § 300h-2(c)(1300h-2(c), and 40 C.F.R. § 19.4, EPA may assess issue an order assessing an administrative compliance order civil penalty of not more than $11,000 for each day of each violation, up to a maximum penalty of $157,500, or requiring compliance, against any person who violates the Act or any requirement of an applicable Underground Injection Control (“UIC”) program. In assessing a penalty for such violations, EPA must take into account: (1) the seriousness of the violations; (2) the economic benefit resulting from the violations; (3) the history of such violations; (4) any good faith efforts to comply with the applicable requirements; (5) the economic impact of the penalty on the violator; and (6) such other matters as justice may require. 42 U.S.C. § 300h-2(c)(1300h-2(c)(4)(B). 6. Pursuant to Section 1445(a)(1)(A) of the Act, 42 U.S.C. § 300j-4(a), EPA may require any person who is subject to the requirements of the Act to submit information relating to such person’s compliance with the requirements of the Act. 42 U.S.C. § 300j-4(a)(1)(A). 7. The Kailuan is a corporation. Thus, Respondent is a “person” within the meaning of Section 1401(12) of the SDWA, 42 U.S.C. § 300f(12), and 40 C.F.R. § 144.3. 8. Respondent operates nine (9) large capacity cesspools at 000 Xxxxxx Xxxx, Xxxxxx, XX. 9. Respondent did not close the large capacity cesspools referred to in paragraph 8 by April 5, 2005 as required by 40 C.F.R. § 144.88. 10. Respondent intends to undertake the measures in Section III., including closure of the large capacity cesspools referred to in paragraph 8 by December 31, 2007. 11. Based on all the foregoing, Respondent has violated the requirement that all large capacity cesspools be closed by April 5, 2005, and is therefore in violation of 40 C.F.R. § 144.88.

STIPULATIONS AND FINDINGS. Respondent, County through Xxxxxxxx Xxxxxxxx, Superintendent, State of Hawaii DEMHawaii, Department of Education, stipulates, and EPA finds as follows: 1. Pursuant to Part C of the Act, 42 U.S.C. §§ 300h-300h-8, EPA has promulgated regulations establishing minimum requirements for UIC programs programs, to prevent underground injection which endangers drinking water sources. These regulations are set forth at 40 C.F.R. Part 144. 2. “Underground injection” means the subsurface emplacement of fluids by well injection. 42 U.S.C. § 300h(d)(1), 40 C.F.R. § 144.3. 3. Pursuant to 40 C.F.R. § 144.88, existing large capacity cesspools are required to be closed no later than April 5, 2005. “Large capacity cesspools” include “multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes, containing human excreta, which have an open bottom and sometimes perforated sides.” 40 C.F.R. § 144.81(2). Large capacity cesspools do not include single family residential cesspools, cesspools or non-residential cesspools which receive solely sanitary waste and have the capacity to serve fewer than 20 persons per day. Id. A “cesspool,” is a “drywell,” which in turn is a “well,” as those terms are defined in 40 C.F.R. § 144.3. 4. Pursuant to Section 1422(c) of the Act, 42 U.S.C. § 300h-1(c), and 40 C.F.R. Part 147 Subpart M, Section § 147.601, EPA administers the Underground Injection Control (“UIC”) program in the State of Hawaii. This UIC program consists of the program requirements of 40 C.F.R. Parts 124, 144, 146, 147 (Subpart M), and 148. 5. Pursuant to Section 1423(c)(1) of the Act, 42 U.S.C. § 300h-2(c)(1), EPA may assess an administrative compliance order to any person who violates any requirement of an applicable Underground Injection Control (“UIC”) UIC program. 42 U.S.C. § 300h-2(c)(1). 6. Pursuant to Section 1445(a)(1)(A) of the Act, 42 U.S.C. § 300j-4(a), EPA may require any person who is subject to the requirements of the Act to submit information relating to such person’s compliance with the requirements of the Act. 42 U.S.C. § 300j-4(a)(1)(A).

STIPULATIONS AND FINDINGS. Respondent, through County of Hawaii DEMHawaii, Department of Public Works, stipulates, and EPA finds as follows: 1. Pursuant to Part C of the Act, 42 U.S.C. §§ 300h-300h-8, EPA has promulgated regulations establishing minimum requirements for UIC programs programs, to prevent underground injection which endangers drinking water sources. These regulations are set forth at 40 C.F.R. Part 144. 2. “Underground injection” means the subsurface emplacement of fluids by well injection. 42 U.S.C. § 300h(d)(1), 40 C.F.R. § 144.3. 3. Pursuant to 40 C.F.R. § 144.88, existing large capacity cesspools are required to be closed no later than April 5, 2005. “Large capacity cesspools” include “multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes, containing human excreta, which have an open bottom and sometimes perforated sides.” ”. 40 C.F.R. § 144.81(2). Large capacity cesspools do not include single family residential cesspools, cesspools or a non-residential cesspools which receive solely sanitary waste and have the capacity to serve fewer than 20 persons per day. Id. A “cesspool,” is a “drywell,” which in turn is a “well,” as those terms are defined in 40 C.F.R. § 144.3. 4. Pursuant to Section 1422(c) of the Act, 42 U.S.C. § 300h-1(c), and 40 C.F.R. Part 147 Subpart M, Section § 147.601, EPA administers the Underground Injection Control (“UIC”) program in the State of Hawaii. This UIC program consists of the program requirements of 40 C.F.R. Parts 124, 144, 146, 147 (Subpart M), and 148. 5. Pursuant to Section 1423(c)(1) of the Act, 42 U.S.C. § 300h-2(c)(1), EPA may assess an administrative compliance order to any person who violates any requirement of an applicable Underground Injection Control (“UIC”) program. 42 U.S.C. § 300h-2(c)(1). 6. Pursuant to Section 1445(a)(1)(A) of the Act, 42 U.S.C. § 300j-4(a), EPA may require any person who is subject to the requirements of the Act to submit information relating to such person’s compliance with the requirements of the Act. 42 U.S.C. § 300j-4(a)(1)(A).

STIPULATIONS AND FINDINGS. Respondent, County of Hawaii DEMthrough its authorized representative, Mayor Xxxxx X. Xxxxxxxx, stipulates, and EPA finds as follows: 1. Pursuant to Part C of the Act, 42 U.S.C. §§ 300h-300h-8, EPA has promulgated regulations establishing minimum requirements for UIC programs programs, to prevent underground injection which endangers drinking water sources. These regulations are set forth at 40 C.F.R. Part 144. 2. “Underground injection” means the subsurface emplacement of fluids by well injection. 42 U.S.C. § 300h(d)(1), 40 C.F.R. § 144.3. 3. Pursuant to 40 C.F.R. § 144.88, existing large capacity cesspools are required to be closed no later than April 5, 2005. “Large capacity cesspools” include “multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes, containing human excreta, which have an open bottom and sometimes perforated sides.” ”. 40 C.F.R. § 144.81(2). Large capacity cesspools do not include single family residential cesspools, cesspools or a non-residential cesspools which receive solely sanitary waste and have the capacity to serve fewer than 20 persons per day. Id. A “cesspool,” is a “drywell,” which in turn is a “well,” as those terms are defined in 40 C.F.R. § 144.3. 4. Pursuant to Section 1422(c) of the Act, 42 U.S.C. § 300h-1(c), and 40 C.F.R. Part 147 Subpart M, Section § 147.601, EPA administers the Underground Injection Control (“UIC”) program in the State of Hawaii. This UIC program consists of the program requirements of 40 C.F.R. Parts 124, 144, 146, 147 (Subpart M), and 148. 5. Pursuant to Section 1423(c)(1) of the Act, 42 U.S.C. § 300h-2(c)(1), EPA may assess an administrative compliance order to any person who violates any requirement of an applicable Underground Injection Control (“UIC”) program. 42 U.S.C. § 300h-2(c)(1). 6. Pursuant to Section 1445(a)(1)(A) of the Act, 42 U.S.C. § 300j-4(a), EPA may require any person who is subject to the requirements of the Act to submit information relating to such person’s compliance with the requirements of the Act. 42 U.S.C. § 300j-4(a)(1)(A). 7. Respondent, County of Kauai, is a local agency. Thus, Respondent is a “person” within the meaning of Section 1401(12) of the SDWA, 42 U.S.C. § 300f(12), and 40 C.F.R. § 144.3. 8. Respondent owns and operates 48 large capacity cesspools. The list of large capacity cesspools owned and operated by Respondent appears in Exhibit A, attached hereto and incorporated by reference. 9. Respondent did not close the large capacity cesspools referred to in paragraph 8 by April 5, 2005 as required by 40 C.F.R. § 144.88. 10. Respondent intends to undertake the measures outlined in paragraph 13, attached hereto and incorporated by reference, by the dates specified in order to close the large capacity cesspools referred to in paragraph 8. 11. Based on all the foregoing, Respondent has violated the requirement that all large capacity cesspools be closed by April 5, 2005, and is therefore in violation of 40 C.F.R. § 144.88.