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COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 140 11 ( DRAFT 2 ) RESOLUTION RELATING TO THE CONSTRUCTION OF PERMANENT IMPROVEMENTS TO THE LONO KONA SUBDIVISION IN NORTH KONA, COUNTY OF HAWAII, FOR THE INSTALLATION OF A SEWER SYSTEM, IN ACCORDANCE WITH CHAPTER 12 OF THE HAWAII COUNTY CODE RELATING TO IMPROVEMENTS BY ASSESSMENTS. WHEREAS, it has been brought to the attention of the council of the County of Hawai`i that the property owners of the Lono Kona Subdivision, located in North Kona, County of Hawai`i, have requested the installation of a sewer system and the incidental requirements of such improvement; and WHEREAS, the property owners of the Lono Kona Subdivision, for purposes of requesting a sewer system by assessment, are collectively represented by Lono Kona Sewer Improvement Association; and WHEREAS, approximately 50 property owners, to -date, have indicated by letters of support that they are in favor of a sewer system improvement by assessment; and WHEREAS, the United States Environmental Protection Agency (EPA), Region IX, has already advised at least 65 owners of affected parcels that they are in violation as follows: "In 1999, EPA promulgated regulations under the Safe Drinking Water Act's Underground Injection Control (UIC) Program, which prohibited the construction of a new large capacity cesspools as of April 2000 and required the closure of all existing large capacity cesspools by April 5, 2005 (see 40 C.F.R § 144.88). Operation of a large capacity cesspool after that date is a federal violation which may subject you to enforcement and penalties "; and WHEREAS, the EPA has sent letters to affected property owners indicating enforcement and penalties for non - compliance. This letter has also conveyed that demonstrated progress toward problem resolution may be sufficient to delay assessment of enforcement and penalties; and WHEREAS, the first requirement for creating such a district is for the Council to direct the Director of the Department of Environmental Management to prepare and submit to the Council a report in accordance with Chapter 12 Article 2 Section 12 -10(a) Hawai`i County Code 1983 (2005 Edition, as amended); now therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Director of Environmental Management is directed to prepare and submit to the Council a report containing information as provided in Section 12- 10(a), paragraphs 1 -8 of the Hawai`i County Code 1983 (2005 Edition, as amended).