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JNSY of p <br /> COUNTY OF HAWAII l': `- ;.A;* STATE OF HAWAII <br /> '..'n.'OF•NF,Jl <br /> RESOLUTION NO. 593 26 <br /> A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDED <br /> ADMINISTRATIVE ORDER ON CONSENT AGREEMENT WITH THE UNITED • <br /> STATES ENVIRONMENTAL PROTECTION AGENCY UNDER SECTION 1423 OF <br /> THE SAFE DRINKING WATER ACT. <br /> WHEREAS, Section 46-7 of the Hawai`i Revised Statutes requires the consent of the <br /> Council in order for the County to enter into an agreement with the federal government or any <br /> other public body respecting action to be taken pursuant to any of the powers granted to the <br /> County by law and furnish, expend, and receive any funds or other assistance in connection with <br /> projects being or to be undertaken pursuant to those powers; and <br /> WHEREAS, in June of 2017,the County executed an intergovernmental agreement with <br /> the United States Environmental Protection Agency(hereinafter"EPA") in the form of an <br /> Administrative Order on Consent in Docket No. SDWA-UIC-AOC-2017-0002, a copy of which <br /> is attached hereto as"ATTACHMENT A-1'; and <br /> WHEREAS,the Administrative Order on Consent contained in ATTACHMENT A-1 <br /> required the County to, among other things, close the large-capacity cesspools(hereinafter <br /> "LCC") in Pahala and Na`alehu; and <br /> WHEREAS, in July of 2022,the County executed an additional intergovernmental <br /> agreement with the EPA in the form of a Revised Administrative Order on Consent, a copy of <br /> which is attached hereto as"ATTACHMENT A-2"; and <br /> WHEREAS, despite the requirement set forth in Section 46-7 of the Hawai`i Revised <br /> Statutes,there is no evidence that either the original Administrative Order on Consent or the <br /> Revised Administrative Order on Consent were presented to the Council for its consideration and <br /> consent; and <br /> WHEREAS, on April 8,2026,the County requested a two-year deadline extension for <br /> the Pahala LCC Closure Project and a five-year deadline extension for the Na`alehu LCC <br /> Closure Project, due to identified contractual, financial, and staffing constraints; and <br /> WHEREAS, after reviewing the County's request,the EPA agreed,via letter dated May <br /> 13,2026, a copy of which is attached hereto as"ATTACHMENT A-3",to extend the <br /> Pahala LCC closure deadline from January 22, 2027,to January 31,2029, and extend the <br /> Na`alehu LCC closure deadline from December 31,2027,to December 31,2032; and <br />