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Second Amended Emergency Proclamation Relating to the Hilo Wastewater Treatment Plant
<br />June 9, 2025
<br />Page 3 of 4
<br />health, safety, and welfare of the people of the County of Hawaii, who will be negatively
<br />impacted if the Plant fails and waters are polluted; and
<br />WHEREAS, pursuant to HRS § 127A- 12(a) (5), the Mayor may direct or control as may
<br />be necessary for emergency management: alerts, warnings, notifications, activations, warnings
<br />and signals for alerts and any type of warning device, system, or method to be used in connection
<br />therewith; partial or full mobilization of personnel in advance of or in response to an actual
<br />emergency or disaster; and the conduct of civilians and the movement and cessation of
<br />movement of pedestrians and vehicular traffic during, before, and after alerts, exercises, training
<br />emergencies, or disasters; and
<br />WHEREAS, pursuant to HRS § 127A-12(c)(6) the Mayor may "[p]urchase, make,
<br />produce, construct, rent, lease, or procure by condemnation or otherwise, transport, store, install,
<br />maintain, and insure, repair, renovate, restore, replace or reconstruct, and distribute, furnish or
<br />otherwise dispose of, with or without charges, materials and facilities for emergency
<br />management; and to procure federal aid therefor whenever feasible. Chapter 103D and sections
<br />103-50, 103-53, 103-55, 105-1 to 105-10, and 464-4 shall not apply to any emergency
<br />management functions of and to the extent that the [M]ayor finds that the provisions, in -whole or
<br />in part, impede or tend to impede the expeditious discharge of the functions, or that compliance
<br />therewith is impracticable due to existing conditions;" and
<br />WHEREAS, pursuant to HRS § 127A-12(c)(14), the Mayor may "order and direct
<br />government agencies, officials, officers, and employees of the county, to take action and employ
<br />measures for law enforcement, medical, health, firefighting, traffic control, warnings and signals,
<br />engineering, rescue, construction, emergency housing, and other welfare, hospitalization,
<br />transportation, water supply, public information, training, and other emergency functions as may
<br />be necessary and utilize the services, materials, and facilities of the agencies and officers. All
<br />agencies and officers shall cooperate with and extend their services, materials, and facilities to
<br />the [M]ayor as the [M]ayor may request;" and
<br />WHEREAS, pursuant to HRS § 127A-12(c)(17), the Mayor is authorized to take any and
<br />all steps necessary or appropriate to carry out the purposes of HRS Chapter 127A,
<br />notwithstanding that the powers in HRS § 127A-13(b) may only be exercised during an
<br />emergency period; and
<br />WHEREAS, pursuant to HRS § 127A- 13 (b) (2), the Mayor is further authorized to
<br />"suspend any county law that impedes or tends to impede or be detrimental to the expeditious
<br />and efficient execution of, or to conflict with, emergency functions, including laws that by this
<br />chapter specifically are made applicable to emergency personnel;" and
<br />WHEREAS, due to the imminent danger or threat of an emergency or a disaster relating
<br />to the health, safety, and welfare of the people of the County of Hawaii, and the need for
<br />government agencies and representatives from the private sector to mobilize and provide
<br />immediate services to our island residents, a state of emergency is authorized pursuant to HRS
<br />Chapter 127A, , CCH § 13-23, and HCC Chapter 7; and
<br />WHEREAS, I issued the Emergency Proclamation Relating to the Hilo Wastewater
<br />Treatment Plant on February 11, 2025; and
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