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Home My WebLink AboutRES 163 Draft 01 2010-2012COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 1 G 3 11 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF HEALTH, SOLID AND HAZARDOUS WASTE BRANCH, HAZARDOUS WASTE SECTION (DOH), PURSUANT TO HRS 46 -7, FOR A PROGRAM TO CONDUCT THE "HOUSEHOLD DO- IT- YOURSELFER" USED MOTOR OIL PROGRAM WHEREAS, the DOH has authorized funding for the purpose of supporting the Department of Environmental Management's efforts to conduct the "Household Do- It- Yourselfer" used motor oil program; and WHEREAS, the monies to fund this program are from a State Grant which requires the County to expend funds in a timely manner; and WHEREAS, the funds, which are not to exceed $15,000, will be applied towards costs of equipment required for used oil collection and disposal, and for the operation of all collection centers, including the transportation and disposal of used oil; and WHEREAS, Hawaii 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 to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with section 46 -7, Hawai'i Revised Statutes, that the Mayor of the County of Hawaii is authorized to execute, on behalf of the County, an agreement, attached hereto and incorporated herein by reference as Exhibit "A ", and related documents with the State of Hawaii Department of Health, to enable the County to conduct the "Household Do- It- Yourselfer" used motor oil program. BE IT FINALLY RESOLVED that the County Clerk of the County of Hawai`i shall transmit copies of this resolution to the Office of the Mayor, the Finance Department, and the Department of Environmental Management. Dated at Kona , Hawaii, this 19th day of October , 2011. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawai` i Hilo, Hawaii 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 October 19, 2011 ATTEST: ()UNITY CLERK CHAIRPERSON & PRESIDING OFFICER ROLL CALL VOTE Reference: C- 379/FC -129 RESOLUTION NO. 163 11 AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGONG X YOSHIMOTO X 7 0 2 0 Reference: C- 379/FC -129 RESOLUTION NO. 163 11 Memorandum of Agreement Between the State of Hawaii. Department of 1- Health, Solid and Hazardous Waste Branch, Hazardous Waste Section and County of Hawaii. Department of Environmental Management This lemoranclum of Agreement (?'1OA) documents a collaborative agreement between the State of Hawaii, Department of Health. Solid and Hazardous Waste Branch, Hazardous Waste Section (DOH) and the County of Hawaii. Department of Environmental Management (DEIvI), collectively the "parties The parties mutually agree to perform their respective duties and responsibilities in accordance with the provisions of this MOA. WHERAS the purpose of this MOA is to provide for the collection of "Household Do -It- Yourselfer" used oil from households in the County of Hawaii during the time of performance, the parties hereby agree as follows: 1. Effective Date. This MOA shall become effective when fully executed by having been signed by an authorized representative of each party. Time of Performance and Termination. This MOA is intended to cover the period of time between July 1, 2011 and June 30, 2012 (Fiscal Year 2012). The performance of this MOA (Time of Performance) shall commence on the Effective Date and end on June 30, 2012, unless otherwise terminated by either party in accordance with this section. If either party is dissatisfied with the other party's performance, this MOA may be terminated in writing with no less than thirty (30) days notice prior to the termination of performance. If this MOA is terminated, any payment otherwise due shall be made on a pro rata basis, as determined by the portion of the payment period for which work has already been satisfactorily performed. 3. Payment and Schedule. The DOH shall pay the DEM no more than a total of $ 15,000.00 in quarterly installments. Payment shall be made after receipt of invoices and reports from the DEM and shall constitute reimbursement in full of all valid claims for expenses associated with performance of this MOA. Quarterly invoices and reports shall he submitted no later than thirty (30) days after the end of each quarter. 4. Performance. The DEM shall complete the following tasks during the Time of Performance: a) Within thirty (30) calendar days of the execution of this MOA, submit a comprehensive projected work plan and budget to the DOl-f. h) Expend funds under this MOA to pay for the costs of equipment required for used oil collection and disposal and for the operation of all collection centers, including the transportation and disposal of used oil. c) Maintain disposal and recycling sites for the collection and recycling of used oil in the County of Hawaii by ensuring that the collection centers are: 1) cleaned on a daily basis. 2) sufficiently staffed during operating hours, 3) provided safety equipment including goggles and gloves for all appropriate personnel, 4) provided with written procedures informing personnel how to properly collect used oil and prevent the acceptance of contaminated used oil, and 5) utilizing secure used oil 1 EXHIBIT "A" 3 storage units with secondary containment systems which are clearly labeled with the words "used oil ". d) Ensure that appropriate clean -up steps are taken when responding to spills and releases at each collection center and that all collection sites are in conformance with chapter 11 -279, Hawaii Administrative Rules, and all other applicable federal, state, and local regulations. e) Ensure, through a third party written agreement, that all collected used oil is properly removed for disposal and /or recycling. Ensure that the used oil collected shall be transported by a used oil transporter permitted by the DOH and shall be transported to a used oil recycler permitted by the DOH or a disposal facility permitted by the DOH, if recycling is not feasible. f) Comply with all applicable state laws regarding environmental quality, including Chapters 342B through 342P, Hawaii Revised Statues, and their federal counterparts. In the event that a state or federal agency determines that the DEM has violated any state or federal law regarding environmental quality, the DOH may terminate this MOA after providing thirty (30) calendar days notice. g) Develop and implement plans to decrease used oil contamination, which shall include conducting more pre- testing of used oil. Contaminated used oil is defined as containing more than one thousand (1,000) parts per million (ppm) total halogens. The DEM shall on a random basis perform pre- testing by collecting used oil in smaller containers, which would then be tested for contaminated used oil by using a test kit such as Clor -D -Tect. h) Require that any person or persons contributing used oil to the collection program shall sign a program log declaring that the used oil being submitted is "do it yourselfer ", i.e., household generated, and not contaminated with more than one thousand (1,000) ppm total halogens. The program log shall contain the following information: participant's name, address, phone number; quantity of used oil being deposited; how the participant learned of the "do it yourselfer" used oil collection program; and whether this is the participant's first visit to the collection center. i) Maintain for a minimum of five (5) years from the date of the expiration or termination of this MOA: 1) all agreements or written contracts signed by entities to handle, transport, recycler, and /or dispose of used oil, and/or operate used -oil collection centers, 2) original records reflecting the equipment purchased, cost of operation, invoices showing amount of used oil and contaminated used oil collected by each site, and 3) invoices paid by sub - contract and payments made in accordance with sub - contracts or other any other agreements. j) Notify the DOH of any adverse used oil incidents including spills or releases, contaminated used oil at collection locations, or other media contamination (i.e., soil, water body, etc.). k) Submit within thirty (30) calendar days after the end of each quarter of the fiscal year an invoice and written report describing the activities performed pursuant to this MOA. 1) Submit within thirty (30) calendar days after the expiration or termination of this MOA, a final written report describing the activities performed pursuant to this MOA. 2 5. Modification and Incorporation. This MOA may be modified by agreement of the parties by a written instrument fully executed by authorized representatives of both parties. This MOA documents the full agreement of the parties and there are no representations or warranties other than those contained herein. The parties agree to utilize good faith in the performance of this MOA including, but not limited to, the collection of information necessary to determine compliance with this MOA. STATE OF HAWAII (DOH) COUNTY OF HAWAII (DEM) By By Print Name Print Name Title Title Date Date Approved to for W.ieH. argr v ='II Deputy Attorne General 3