2025-04-10 First Amended Emergency Proclamation Relating to the Hilo Wastewater Treatment Plant

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First Amended Emergency Proclamation Relating to the Hilo Wastewater Treatment Plant April 10, 2025 Page 2 of 4 WHEREAS, an assessment of the Plant's condition was conducted in 2021, by consultant McGovern McDonald Engineers, to develop a report on the Repair/Replacement plan for the facility, which included a calculation of risks and risk rankings related to potential plant failure; and WHEREAS, this report concluded there was structural deterioration of the Plant, extensive area -wide corrosion, loss of bearing wall integrity, significant mechanical defects affecting the Plant, and that several systems and their components are beyond repair and require immediate replacement; and WHEREAS, the report concluded that the general state of the Plant is very poor to failing, with reliability and standby capacity compromised; and WHEREAS, in March 2024, the County of Hawaii entered into an Administrative Order on Consent with the Environmental Protection Agency to repair or replace the Plant, which included repair or replacement of all assets which are inoperable, corroded, deteriorated, and/or at risk of failure, to include the headworks, primary treatment train, and biosolids handling; and WHEREAS, on December 20, 2024, the County of Hawaii awarded the Contract for Phase One of the Hilo Wastewater Rehabilitation and Replacement Project to Nan, Inc., which is to be completed within 5 years from commencement of the repairs; and WHEREAS, given the current state of the Plant, and the findings of McGovern McDonald Engineers there are concerns that the structures and components could fail imminently, and before the necessary repairs can be made; and WHEREAS, the deteriorated condition of the Plant is in a state of failure, meaning there is imminent danger of an emergency impacting the County of Hawaii, were such failure to occur, and raw sewage to be spilled into Puhi Bay and surrounding areas whereby water currents may allow raw sewage to be further disseminated with very limited mitigation options; and WHEREAS, the current condition of the Plant poses substantial endangerment to public health and safety, and warrants preemptive and protective action in order to provide for the health, safety, and welfare of the people of the County of Hawaii, who will be negatively impacted if the Plant fails and waters are polluted; and WHEREAS, HRS § 127A-14(b) empowers the Mayor to declare the existence of a local state of emergency in the county by proclamation if the Mayor finds that an emergency or a disaster has occurred or that there is imminent danger or threat of an emergency or a disaster in any portion of the county; and WHEREAS, HRS § 127A-2 defines an emergency as "any occurrence, or imminent threat thereof, which results or may likely result in substantial injury or harm to the population or substantial damage to or loss of property or substantial damage to or loss of the environment"; and