HomeMy WebLinkAboutRES 593 Draft 01 2024-2026A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AMENDED ADMINISTRATIVE ORDER ON CONSENT AGREEMENT WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY UNDER SECTION 1423 OF THE
SAFE DRINKING WATER ACT.
WHEREAS, Section 46-7 of the Hawai‘i Revised Statutes requires the consent of the Council in order for the County to enter into an agreement with the federal government or any other
public body respecting action to be taken pursuant to any of the powers granted to the County 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, in June of 2017, the County executed an intergovernmental agreement with the United States Environmental Protection Agency (hereinafter “EPA”) in the form of an Administrative
Order on Consent in Docket No. SDWA-UIC-AOC-2017-0002, a copy of which is attached hereto as “ATTACHMENT A-1”; and
WHEREAS, the Administrative Order on Consent contained in ATTACHMENT A-1 required the County to, among other things, close the large-capacity cesspools (hereinafter “LCC”) in Pāhala
and Nā‘ālehu; and
WHEREAS, in July of 2022, the County executed an additional intergovernmental agreement with the EPA in the form of a Revised Administrative Order on Consent, a copy of which is attached
hereto as “ATTACHMENT A-2”; and
WHEREAS, despite the requirement set forth in Section 46-7 of the Hawai‘i Revised Statutes, there is no evidence that either the original Administrative Order on Consent or the Revised
Administrative Order on Consent were presented to the Council for its consideration and consent; and
WHEREAS, on April 8, 2026, the County requested a two-year deadline extension for the Pāhala LCC Closure Project and a five-year deadline extension for the Nā‘ālehu LCC Closure Project,
due to identified contractual, financial, and staffing constraints; and
WHEREAS, after reviewing the County’s request, the EPA agreed, via letter dated May 13, 2026, a copy of which is attached hereto as “ATTACHMENT A-3”, to extend the
Pāhala LCC closure deadline from January 22, 2027, to January 31, 2029, and extend the Nā‘ālehu LCC closure deadline from December 31, 2027, to December 31, 2032; and
WHEREAS, to effectuate these deadline extensions, the EPA issued a proposed Amended Administrative Order on Consent, a copy of which is attached hereto as “ATTACHMENT A-4” and incorporated
herein by reference; and
WHEREAS, entering into this Amended Administrative Order on Consent constitutes a binding order on the County, subject to penalties for failure to comply under section 1423(c) of the
Safe Drinking Water Act; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that, pursuant to Section 46-7 of the Hawai‘i Revised Statutes, the Mayor is hereby authorized to enter into the Amended Administrative
Order on Consent with the EPA as contained in ATTACHMENT A-4.
BE IT FURTHER RESOLVED that the Department of Environmental Management is hereby requested to provide the Council with concurrent updates subsequent to mandatory report submissions
to the EPA.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to Daniel Girvan, Director of Environmental Management; and Diana Mellon-Lacey, Deputy Corporation
Counsel.
Dated at ________, Hawai‘i, this _______ day of __________________, 20___.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I