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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 />