RES 441 Draft 01 2022-2024 - Laserfiche WebLink

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� `;O•FM ai COUNTY OF HAWAI'I : STATE OF HAWAI'I TE O;.N�� RESOLUTION NO. 441 24 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN ADMINISTRATIVE ORDER ON CONSENT AGREEMENT WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PROCEEDING UNDER SECTION 309(a) OF THE CLEAN WATER ACT,33 U.S.C. §1319(a). WHEREAS, Hawai`i Revised Statutes Section 46-7 requires that County depaitments obtain the consent of the Council to enter into agreements with the federal or state governments respecting action to be taken pursuant to any of the powers granted by law and furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers; and WHEREAS Hawai`i Revised Statutes Section 46-1.5(19)(A) grants the County the power to construct,purchase, take on lease, lease, sublease, or in any other manner acquire, manage, maintain, or dispose of buildings, sewers, sewer systems,pumping stations, and related infrastructure, and manage, regulate, and control the same; WHEREAS, the United States Environmental Protection Agency has identified deficiencies in the condition and maintenance of the County owned and operated wastewater treatment facilities in Hilo, Kula`imano, Papa`ikou; and Kealakehe; and WHEREAS, the proposed Administrative Order on Consent(Attachment A, incorporated herein by reference), outlines the issues of concern and proposed remedial activities to address said concerns of the United States Environmental Protection Agency relative to Section 309(a) of the Clean Water Act, 33 U.S.C. §1319(a); and WHEREAS, the actions the United States Environmental Protection Agency requires the County to undertake are outlined in Appendix 1 of the Administrative Order on Consent (Attachment A incorporated herein by reference); and WHEREAS,by entering into this Administrative Order on Consent, the United States Environmental Protection Agency agrees to use its best efforts to provide technical assistance to the County to support the County in fulfilling the required obligations; and WHEREAS,this is a long-term agreement with required actions by the County extending until 2035; and WHEREAS,this order will terminate upon completion of the required action therein; and