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Fifth Amended Emergency Proclamation Relating to the Hilo Wastewater Treatment Plant <br /> Page 2 of 4 <br /> WHEREAS, NPDES Permit No. HI0021377 authorizes the County of Hawaii to <br /> discharge secondary treated wastewater through Outfall Serial No. 001 into the Pacific Ocean <br /> through a diffuser located within Puhi Bay in the District of South Hilo; and <br /> WHEREAS, the advanced age of the Plant combined with deferred maintenance, plant <br /> location, and environmental conditions, have resulted in significant corrosion, deterioration, and <br /> disrepair of the Plant and its associated infrastructure; and <br /> WHEREAS, the Plant's associated infrastructure, including but not limited to sewer <br /> pump stations, force mains, portable pumps, and the collection system, which contribute to the <br /> conveyance of wastewater to the Plant, also have deficiencies; and <br /> WHEREAS, should failure of this critical infrastructure occur, it would pose an imminent <br /> risk of raw sewage spillage, endangering public health and safety; and <br /> WHEREAS, an assessment of the Plant's condition was conducted in 2021, by consultant <br /> McGovern McDonald Engineers, to develop a report on the Repair/Replacement plan for the <br /> facility, which included a calculation of risks and risk rankings related to potential plant failure; <br /> and <br /> WHEREAS, this report concluded there was structural deterioration of the Plant, <br /> extensive area-wide corrosion, loss of bearing wall integrity, significant mechanical defects <br /> affecting the Plant, and that several systems and their components are beyond repair and require <br /> immediate replacement; and <br /> WHEREAS, the report concluded that the general state of the Plant is very poor to <br /> failing, with reliability and standby capacity compromised; and <br /> WHEREAS, in March 2024, the County of Hawaii entered into an Administrative Order <br /> on Consent with the Environmental Protection Agency to repair or replace the Plant, which <br /> included repair or replacement of all assets which are inoperable, corroded, deteriorated, and/or <br /> at risk of failure, to include the headworks, primary treatment train, and biosolids handling; and <br /> WHEREAS, on December 20, 2024, the County of Hawaii awarded the Contract for <br /> Phase One of the Hilo Wastewater Rehabilitation and Replacement Project to Nan, Inc., which is <br /> to be completed within five years from commencement of the repairs; and <br /> WHEREAS, given the current state of the Plant, and the findings of McGovern <br /> McDonald Engineers, there are concerns that the structures and components could fail <br /> imminently, and before the necessary repairs can be made; and <br /> WHEREAS, the deteriorated condition of the Plant is in a state of failure, meaning there <br /> is imminent danger of an emergency impacting the County of Hawaii, were such failure to <br /> occur, and raw sewage to be spilled into Puhi Bay and surrounding areas whereby water currents <br /> may allow raw sewage to be further disseminated with very limited mitigation options; and <br /> WHEREAS, the current condition of the Plant poses substantial endangerment to public <br /> health and safety, and warrants preemptive and protective action in order to provide for the <br />