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• <br /> f I <br /> • <br /> COUNTY OF HAWAI`I STATE OF HAWAI`I <br /> RESOLUTION NO. 441 24 <br /> (DRAFT 2) <br /> A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN <br /> ADMINISTRATIVE ORDER ON CONSENT AGREEMENT WITH THE UNITED <br /> STATES ENVIRONMENTAL PROTECTION AGENCY PROCEEDING UNDER <br /> SECTION 309(a) OF THE CLEAN WATER ACT,33 U.S.C. §1319(a). • <br /> WHEREAS,Hawai`i Revised Statutes Section 46-7 requires that County departments <br /> obtain the consent of the Council to enter into agreements with the federal or state governments <br /> respecting action to be taken pursuant to any of the powers granted by law and furnish,expend, <br /> and receive any funds or other assistance in connection with projects being or to be undertaken <br /> pursuant to those powers;and <br /> WHEREAS Hawai`i Revised Statutes Section 46-1.5(19)(A)grants the County the <br /> power to construct,purchase,take on lease,lease, sublease,or in any other manner acquire, <br /> manage,maintain,or dispose of buildings,sewers,sewer systems,pumping stations,and related <br /> infrastructure,and manage,regulate,and control the same; <br /> WHEREAS,the United States Environmental Protection Agency has identified <br /> deficiencies in the condition and maintenance of the County owned and operated wastewater <br /> treatment facilities in Hilo,Kula`imano,Papa`ikou; and Kealakehe;and <br /> WHEREAS,the proposed Administrative Order on Consent(Attachment A-1, <br /> incorporated herein by reference),outlines the issues of concern and proposed remedial activities <br /> to address said concerns of the United States Environmental Protection Agency relative to <br /> Section 309(a)of the Clean Water Act,33 U.S.C. §1319(a); and <br /> WHEREAS,the actions the United States Environmental Protection Agency requires the <br /> County to undertake are outlined in Appendix I of the Administrative Order on Consent <br /> (Attachment A-1 incorporated herein by reference); and <br /> WHEREAS,by entering into this Administrative Order on Consent,the United States <br /> Environmental Protection Agency agrees to use its best efforts to provide technical assistance to <br /> the County to support the County in fulfilling the required obligations;and <br /> WHEREAS,this is a long-term agreement with required actions by the County <br /> extending until 2035; and <br /> WHEREAS,this order will terminate upon completion of the required action therein; <br /> and <br /> ATTACHMENT A-1 <br />