HomeMy WebLinkAboutRES 592 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 309 OF THE
CLEAN 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, on March 6, 2024, the Council adopted Resolution No. 441-24, Draft 2, which authorized the Mayor to enter into an Administrative Order on Consent with the United States Environmental
Protection Agency (hereinafter “EPA”) in Docket No. CWA-309(a)-24-003, a copy of which is attached hereto as “ATTACHMENT A-1”; and
WHEREAS, the Administrative Order on Consent contained in ATTACHMENT A-1 outlined issues of concern for the EPA relative to Section 309(a) of the Clean Water Act and proposed remedial
actions to address such concerns; and
WHEREAS, the actions and specified completion dates that the County was required to undertake were outlined in Appendix 1 of the Administrative Order on Consent; and
WHEREAS, on April 17, 2026, the County requested a five-year deadline extension for the Kula‘imano Waste Water Treatment Plant (hereinafter “Kula‘imano WWTP”) Rehabilitation and Replacement
Project and a three-year deadline extension for the Pāpa‘ikou Waste Water Treatment Plant (hereinafter “Pāpa‘ikou WWTP”) Rehabilitation and Replacement Project, due to identified financial
and staffing constraints; and
WHEREAS, after reviewing the County’s request and finding good cause, the EPA agreed to the requested deadline extensions via a letter dated May 13, 2026, a copy of which is attached
hereto as “ATTACHMENT A-2”; and
WHEREAS, the original and revised deadlines for the Kula‘imano WWTP Rehabilitation and Replacement Project and the Pāpa‘ikou WWTP Rehabilitation and Replacement Project are as follows:
Kula‘imano WWTP (5 yr. extension)
Pāpa‘ikou WWTP (3 yr. extension)
Project Event
Original Deadline
Revised Deadline
Original Deadline
Revised Deadline
Issue invitation to bid
October 30, 2026
October 31, 2031
October 30, 2027
October 31, 2030
Begin construction
March 1, 2027
March 1, 2032
March 1, 2028
March 1, 2031
Complete construction
June 30, 2030
June 30, 2035
June 30, 2031
June 30, 2034
; and
WHEREAS, the County proposed a monitoring and maintenance plan for these facilities during the interim period, which was deemed acceptable by the EPA; 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-3” and incorporated
herein by reference; and
WHEREAS, the only changes between the original Administrative Order on Consent and the Amended Administrative Order on Consent are the extended deadlines identified hereinabove relative
to the Kula‘imano WWTP and Pāpa‘ikou WWTP; and
WHEREAS, these modifications extend the dates of this long-term agreement with additional mandated actions by the County extending until 2035; 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 309(d) of the
Clean 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-3.
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