HomeMy WebLinkAbout2025-06-09 Second Amended Emergency Proclamation Relating to the Hilo Wastewater Treatment Plant C. Kinw Alameda, Ph.D.
William V. Brilhante,,Ir.
Mcmaging Direcror
on
Merrick Nishimoto
Comity otHaltrai`i - Office of the wlayor
25 Auptini Street. Suite 2603 . Ililo. tia wai'i 96720 . I'hon (908i%1-R21 1 • Fux t1(UIbM 961-6553
KO NA: 74.5044 Aare tw.eol ok5lole BId2 C • Kanih9;t-Kolm. Ha%%a i'i 96740
Phone 4808) 321_.4444 . Fax (808023w4....1.40
SECOND A IENDED EMERGENCY PROCLAMATION
RELATING TO THE HILO NVASTEN ATER TREATIIIENT PLANT
EFFEICTIVEJUNE 9, 202;
WHEREAS, Hawaii Revised Statutes (HRS) Chapter 127A. provides for the
establishment Of COUIlty Oraallizations for e111er2CllC3' lllalla®elllellt and disaster relief with the
i ay0l' haying direct responsibility and al10101`ity over emergency IMIM12emellt within the
C01.1111 '; and `
WHEREAS, HRS Chapter 127A. and Hatlal'I COUIlty Code (HCC) Chapter 7. establish a
CI®'11 Defense Agency within the C011llty of awal'I and prescribes its powers. duties. and
responsibilities: and
WHEREAS, HRS r 127A-I4(b) empowers the Mayor to declare the existence Of a local
state of emergency in the County by proclamation if the Mayor finds that an emergency or a
dlsaSter has OCCUrred Or that there Is II11minent danger or threat O1 all emergency Or a disaster in
any portion Of the COUIlty; Mld `
WHEREAS. HRS § 127A-2 defines an "emergency" as "any Occurrence. or imminent
threat thereof. which results 01` may likely reSlllt ill SUbstantlal II1jU1'y Ol` hal`Ill to the POPUlatioll 01`
substantial damage to Or loss of property 01` substantial daillage t0 oi- loss Of the environmenu"
and a "disaster" as ''any emergency, or imminent threat thereof.. which results Or may likely
reSl111 in loss Of life, property. Or environment and regUlres. Or may regUlre. a(si�tance from Other
COUIlties. states. the federal government. or from private agencies:- and
WHEREAS. the Charter of the County of Hawaii (CCH) Section 13-23 and HCC § 7-1-
6(a) also empower•er the Mayor to declare a state O1 disaster Or emergency by proclamation® and
WHEREAS, the Hilo Wastewater Treatment Plant (Plant) was constructed in 1994 and is
the only Illaj01' 1111.1111CIpal treatment facility serving the severed areas within the District Of South
Hilo. County of Hawaii: and
WHEREAS, the Plant serves and treats domestic and Commercial wastewater generated
by approximately 30.000 residents, businesses and visitors, and
WHEREAS, the State Department of Health issued National Pollutant Discharge
Elimination System (NPDES) Permit No. H10021377 for the Plant, effective on May 1. 2020:
and
t,�twatwti ��i litta�aaw°M a:�ao�t 1_,.Mtt.nM r_1lal+trruuw�ua� 1'����p�1r roaticl[?aptt�l�,;,�°r.
Second Amended 10nergenq 11"w1urnwim Rdwmy up dw Kh WIwe"ater 11sament Nant
June 4). 2025
Nye 2 of.1
VVHEREAS. 'PDES Penrid Nb. H10021377 authorizes Te COUnty of Hawail to
discharge secondary urated "WSWIVICr dUCIL1,011 OUtfall SC!l'ial No. 001 into the Pacific Occan
thxmgh as diffl,wer Vated "Thh-i Pull Buy in Te Dsulo of Snratda 1Blo: and
VVHEREAS. the vicivanced age of We Plant combined w4h defenvd rnaimemmeo jAmu
locatHL and animnrlwnul condhions. have resulted in Agnificam corr(Bkrn. deterimation. and
ad srepolir of he FUU and its associwed infmstrucrurn and
VVHEREAS, flee Phint's associated inhastructum. induding bul not Iduked to sew-car
pump swahn, Wme nrainy ponakle pwnps. and the collection systen'i, which connibUte to the
comvywwe of Nvastewater to the Plant, "also have deficiencies� and
VVHERE,kS. should fbilure of this critical infrastructure occur, it "'OUld fio,,e an imminent
risk ofr.,rav scivage spiHage. endangering piblic health and safety: Luld
VVHEREAS, an assessment, of the Plam's condition was conducted in 202 1 by consultant
McGovern McDonald EngheakAo de%vlop as repcw on the 1�epair/Repkwerncnt plan for tile
facility. which included a calculminn of Sks and risk nankin related to potential plant failure:
and
NVI IEREAS, this repon c4:pnClUdCd HICIV kr 0S StRIClural dettNomtkn of KeTlant.
extensive area-wide ccwrosioti, loss of hearing "nH inwgd, significant, rnechainical defccis
aDhOng the Plant. and that sevmul systems and their Cornponents, are beyond repair and require
inirnediaw replacement-, and
VVHEREAS, the repcwt concluded that the generat State of the Plant is very poor to
UK, wide rVANity and man dby cal-,,sacity, compromised, and
WHEREAS, in March 2024, the County of Hawsk entered into an ,Ndministrative ()rder
on Consent with the EnARmniental Prolemion Agency Jo repair or mphlee Se Ram. whit)
inCILKIC(l repllil' M rej,)IaWerncnt 01"111 aswts which our huTerahN. corroded, deterioratecl., oind/or
at riSk Of"filikn'C, to include dic flead"imis. 0nary treatment train. ould Nosolids handling: and
WHEREAS, ori December 204 2024. be Coumy o1' Ha\;vai'i awarded the Contract for
Phase One of the FEW NVas=aer Plehahidwtion, and Replacernent Pi,,-o an, lava:.„ �vhicll is
ject to N,
to be emnplewd %Q& fNe yeas fivni comuntncenwnt of the mpak, and
MIHERAS. gNeti It cuumn state of We Nant, arod the findings of NUCKvril!
N4cDvnWd Eng inc ers, there are concerns that 111C !!,U-LlClures and Conli,10111effls C("iuld fail
hnnArrently. and before the necessary repair,,, can, 1,,)e made, and
WHEREAS, We dereSmated comhtJon of Me Phirn k in as state OffidlUrC. MeZArul,0 111CIT
is in-minew danger of an emergency imIxtuing the Uninly card"Ha%wil, ware such fbilure to
Occur, and raw Sewage to he Solled into NN Buy and surrounding areas whereby water currents
may alic,)w, raw sewage to be feral her disseminated with very lhni ed mitigation options, and
VVHEREAS. the CLUTC111. CODditiOn, of the Plant pcAes substantial endan(gern'lent to PLlhHC
health and safely, and warrants preemptive and protecdve wion in onler to provide for the
Sec'ond Amcii(Jcd Fmierunc� Ili odmnaion Relating to the Hilo 'I'munwnt Plant
Junic 9. 2025
F%ge 3 of 4
health, safety. and we[lbre of the pCONe Of be ChUnty of Hawaii. who will be nepitively,
impacted it'the Plant fails aInd waters are polluted: and
VVHEREAS, pnivant to HIS § 127A-12(a)(5). the N4a)q)r may, direct or control as ilia.),
lie necessary Or eniergency, management: alerts, warnings, noti fications. acti vations, warnings
and Wgrials Rw alerts ami any, type ofwariding device, syment or nwdwd to be used in corumcOon
them"IT: partial or JbIl mobilization ofpci-sonnel in advance cW(w in respoiBe to an actual
ernergency or disaster: and the conduct of ckilkms and the movement and cessathin oll'
n,iovernent ofpalestrhms and vehicuhr traffic claming. bellm, and after alertv exercises. training
enwrgericks. or diasteN; and
WHEREAS. PUPSULA111 to I-IRS § 127A-12(cy 6) the PAayor weary -[pyirchtise; make,
I)rOdUCC. Construct. rent. lease. or procure by condemnation or whermise, iranspcm, store. install,
maintain, and insure. repair, irnovatc. resumv. rcoace cOl reconstruct, and distribute, fUrniSh Or
otherwise dispose cd" vvith or N'vithoul charges, materials aInd facilities for emergency
nuInagement: Luid to pimcure hoderal Of therefor Nvhenex-er feasible. Chapter 1031.) and sections
103-50, 103-5 3� 103-5 5. 105 d R) 105- 10. and 4644 sharp not apply to any emergency
ma nagernent functions of and to the extent Mitts the [Nflayor finds, that the provisions, in \vhole or
in part. inipede or lend to impede the eqUithus dischar,,,le of tile functions, or that compliance
then-evvith is impraclicahle due to existing condilions - and
WHEREAS, pirsuani to HITS § I 27A-12(c)( 14). the Mayor may "order and direct
government agencies. officials, officery and emlAoyres of the counly. to take action and ernploy
measures Or law enforcernent, medical. health, flenght1g. trunle central. "arnings and signals.
engincering. rescue. construction. ernerg"ency housing, and other, welfare, hospiutlizuion.
transportation, �,vater supply. InAlk- informat0n. training. wid other ernergency functions as may
he necessary and uOlke the services. materials. and facilities of the agencies and ofikers. All
agencies and oRicers shall coopenue "Ah and exrend [heir services, mmerialy and facilities to
the [N4);tyc"-as the [NINyor inay requen- and
\\'HEREAS, pursuant to HRS § 127A-I 2(cH 17 t the A/layor is autharized to take any, as
all steps necessaq or appupiriate to carp, out the InnVoses of KRS Chapton- I 27k
nmysiMsiranding that the powers in HRS § 127AP IN h) may only he exercised during an
emergency period,. and
WHEREAS, pUrSUant to IiRS §I 27A-I 3(b)� 2), the ayOr is 11WHICraUthorized to
Suspend any county law Mat impedes cw tends to impede or be detrimental tar the eNI)e(fitiOLIS
and efficient execution of. or to conflict With. eInCrgenCy 11111(26011S, inChAding laws that by this
chapter specifically are imade applicable to ernerg(gency personnel." and
WHEREAS, &w to the Onvinent danger or Wtvat of an emergency or as disaster reladn't,
to We health, safety, and welfare of We peoNe of the County of I-lawai 1. and tire. need for
government agenzies ancl representatives horn be private sector to mobilize and pnn,ide
inirnediate services to our island residerus, as state of emergency is aUthoriZed 111.11-Suaill to IJRS
Clutpler 127A" . CC H § 13-23, and I-lC ' Chapter 7-., and
WHEREAS. I iswed We 11monVency Flochmaidern Relating to the Ilih-) Wastewater
Treirtment Plant 011 F"Chillaly I I, 2025: and
Second A mendek I Eineigoei-icy Pit�(:I;iint it jon Re Iafing to t I w Hi I o Wwiev a wr TreLi It I I ell t plall I
Jmw A 2025
Page 4 4 4
WHEREAS. I issued the First Amended Emergency Proc aniatjon Relating, twin the Hik)
Plant on April 10� 2025: and
WHEREAS, Me conditions giAng We U) Me alkwerriemkvied emergency proclainations
continue to exist and it is necessary to supplement the First Amended Proclamation Relating lo
(lie, Hik) wastewater Treatment Plant.
NOW. THEREf-ORE, 1, C KI�MO ALAMEDA, Mayor of the (.7ount), of I lawai'i, do
hereby procl,aim and declare, ellictive June 9. 2025, 10 a-M MaNvai'i StanclardTinic. Mat as local
maw of erninijency exists under IIRS § 127A,14(b) because Ole condition of the Mani pcNes art
irrm-thent, danger or threat of an eniergency or a disaster within The County of Hawaki; and
I F1,JRT1-hER DECLARE, that this Second Anwnded Emergcncy Proclainatic)n Relating
to the HHO \VasW\"Ucr Kemmou Phmt shall terminate aut(unatically, sixty (60) days after its
iSSUMICC. UnICSS extended or tern-tiMlied by as separate Or SUpIflCulCulary I)MC)all-rati oil
Done at (lie ("ounty ol, I lawai'i,
day of Rnle 2025
...........
C Kiiri6 Marneda, 111r]".1
Mayor
Coumy of Fla"Api
APPROVED AS 1`0 FORM
Rence N,C. Scholen
Corporation Ccninsel