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Form #: B-52 <br />7/18/91 <br />DEPARTMENT OF FINANCE <br />REQUEST FOR COUNCIL ACTION <br />DEPARTMENT: Environmental Management DATE: <br />STAFF CONTACT: Dora Beck PHONE: <br />A. REQUEST: <br />9/3/20 <br />961-8513 <br />RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN OF A <br />PORTION OF TAX MAP KEY NUMBER (3) 9-6-002:018, SITUATED AT PUNALU'U-PA'AU'AU, DISTRICT <br />OF KA'U, COUNTY AND STATE OF HAWAI'l, FOR THE PAHALA WASTEWATER TREATMENT PLANT. <br />B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED) <br />In order to comply with United States Environmental Protection Agency regulation 40 C.R.F. § 144.88, which <br />requires the elimination of large capacity gang cesspools ("LCCs"), the Department of Environmental <br />Management seeks to acquire 14.9 acres, more or less, of a larger portion of Tax Map Key Number (3) 9-6- <br />002:018 for the construction of a wastewater treatment plant (the "Project") to replace existing LCCs <br />currently serving the Pahala community. <br />It is necessary to exercise the condemnation power of the County to acquire the portion of land sought for <br />the new wastewater treatment plant. County Corporation Counsel seeks Council authorization to initiate the <br />eminent domain process in accordance with the requirements of Section 101-13 Hawai'i Revised Statutes. <br />Acquisition and condemnation of the project site supports public use and purpose and benefits the County. <br />The Project is under an EPA Administative Order of Consent so time sensitivity is being observed. <br />Therefore, the Department of Environmental Management requests a waiver of a Committee hearing. <br />SIGNED: DATE: <br />Department Head <br />