HomeMy WebLinkAboutRES 441 Draft 01 2022-2024A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN ADMINISTRATIVE ORDER ON CONSENT AGREEMENT WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PROCEEDING UNDER SECTION 309(a) OF
THE CLEAN WATER ACT, 33 U.S.C. §1319(a).
WHEREAS, Hawai‘i Revised Statutes Section 46-7 requires that County departments obtain the consent of the Council to enter into agreements with the federal or state governments respecting
action to be taken pursuant to any of the powers granted by law and furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken
pursuant to those powers; and
WHEREAS Hawai‘i Revised Statutes Section 46-1.5(19)(A) grants the County the power to construct, purchase, take on lease, lease, sublease, or in any other manner acquire, manage, maintain,
or dispose of buildings, sewers, sewer systems, pumping stations, and related infrastructure, and manage, regulate, and control the same;
WHEREAS, the United States Environmental Protection Agency has identified deficiencies in the condition and maintenance of the County owned and operated wastewater treatment facilities
in Hilo, Kula‘imano, Pāpa‘ikou; and Kealakehe; and
WHEREAS, the proposed Administrative Order on Consent (Attachment A, incorporated herein by reference), outlines the issues of concern and proposed remedial activities to address said
concerns of the United States Environmental Protection Agency relative to Section 309(a) of the Clean Water Act, 33 U.S.C. §1319(a); and
WHEREAS, the actions the United States Environmental Protection Agency requires the County to undertake are outlined in Appendix 1 of the Administrative Order on Consent (Attachment
A incorporated herein by reference); and
WHEREAS, by entering into this Administrative Order on Consent, the United States Environmental Protection Agency agrees to use its best efforts to provide technical assistance to the
County to support the County in fulfilling the required obligations; and
WHEREAS, this is a long-term agreement with required actions by the County extending until 2035; and
WHEREAS, this order will terminate upon completion of the required action therein; and
WHEREAS, entering into this agreement constitutes a binding order on the County, with penalties for failure to comply with its terms under section 309(d) of the Clean Water Act, 33 U.S.C.
and 1319(d) as modified by 40 C.F.R.; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that, in accordance with Section 46-7 of the Hawai‘i Revised Statutes, that the Mayor of the County of Hawai‘i is authorized to
execute on behalf of the County an intergovernmental agreement with the United States Environmental Protection Agency in the form of an Administrative Order on Consent (Attachment A).
BE IT FURTHER RESOLVED that the intergovernmental agreement with the United States Environmental Protection Agency is hereby consented to and approved.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Director of Environmental Management and to the Corporation Counsel.
Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
COUNTY COUNCIL
County of Hawai‘i
Hilo, Hawai‘i
ROLL CALL VOTE
AYES
NOES
ABS
EX
EVANS
GALIMBA
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai‘i on _____________________________________.
INABA
KAGIWADA
KANEALI‘I-KLEINFELDER
KIERKIEWICZ
ATTEST:
KIMBALL
LEE LOY
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.