HomeMy WebLinkAboutRES 120 Draft 02 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 140 11
( DRAFT 2 )
RESOLUTION RELATING TO THE CONSTRUCTION OF PERMANENT
IMPROVEMENTS TO THE LONO KONA SUBDIVISION IN NORTH KONA,
COUNTY OF HAWAII, FOR THE INSTALLATION OF A SEWER SYSTEM, IN
ACCORDANCE WITH CHAPTER 12 OF THE HAWAII COUNTY CODE RELATING
TO IMPROVEMENTS BY ASSESSMENTS.
WHEREAS, it has been brought to the attention of the council of the County of Hawai`i
that the property owners of the Lono Kona Subdivision, located in North Kona, County of
Hawai`i, have requested the installation of a sewer system and the incidental requirements of
such improvement; and
WHEREAS, the property owners of the Lono Kona Subdivision, for purposes of
requesting a sewer system by assessment, are collectively represented by Lono Kona Sewer
Improvement Association; and
WHEREAS, approximately 50 property owners, to -date, have indicated by letters of
support that they are in favor of a sewer system improvement by assessment; and
WHEREAS, the United States Environmental Protection Agency (EPA), Region IX, has
already advised at least 65 owners of affected parcels that they are in violation as follows: "In
1999, EPA promulgated regulations under the Safe Drinking Water Act's Underground Injection
Control (UIC) Program, which prohibited the construction of a new large capacity cesspools as
of April 2000 and required the closure of all existing large capacity cesspools by April 5, 2005
(see 40 C.F.R § 144.88). Operation of a large capacity cesspool after that date is a federal
violation which may subject you to enforcement and penalties "; and
WHEREAS, the EPA has sent letters to affected property owners indicating enforcement
and penalties for non - compliance. This letter has also conveyed that demonstrated progress
toward problem resolution may be sufficient to delay assessment of enforcement and penalties;
and
WHEREAS, the first requirement for creating such a district is for the Council to direct
the Director of the Department of Environmental Management to prepare and submit to the
Council a report in accordance with Chapter 12 Article 2 Section 12 -10(a) Hawai`i County Code
1983 (2005 Edition, as amended); now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
Director of Environmental Management is directed to prepare and submit to the Council a report
containing information as provided in Section 12- 10(a), paragraphs 1 -8 of the Hawai`i County
Code 1983 (2005 Edition, as amended).
BE IT FINALLY RESOLVED that the Clerk of the County of Hawai`i is directed to
transmit copies of this resolution to the Mayor of the County of Hawai`i; the Department of
Environmental Management; and to Mr. Doug Arnold, President, Lona Kona Sewer
Improvement Association.
Dated at Hilo , Hawai`i, this 8th day of September
INTRODUCED BY:
, 2011.
COUNCIL ME C ER, COUNTY OF AWAII
COUNTY COUNCIL
County of Hawai`i
Hilo, Hawai`i
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on September 8, 2011
ATTEST:
0
COUNTY CLERK CHAIRPERSON & PRESIDINtT1IFFfCE
2
ROLL CALL VOTE
Reference:
RESOLUTION NO.
C- 301.2 /PWPRC -30
120 ii
(DRAFT 2)
AYES
NOES
ABS
EX
BLAS
X
FORD
X
HOFFMANN
X
IKEDA
X
ONISHI
X
PILAGO
X
SMART
X
YAGONG
X
YOSHIMOTO
X
8
0
1
0
Reference:
RESOLUTION NO.
C- 301.2 /PWPRC -30
120 ii
(DRAFT 2)