HomeMy WebLinkAbout2025-10-07 Fourth Amended Emergency Proclamation Relating to the Hilo Wastewater Treatment Plant C. 1Camo Alameda,1"h.Tl. r���
William V. Brilhante,Jr.
Mayan )rs Managing Diractor
Merrick Nishimoto
Deputy Managing Director.
County 1� O _Jll Wal'l ��f ICG 0 he _Mayor
i
25 Au ruui i-eetSite 0. Hlo, lawai'i96720 Phone(808)961-8211 * tax(808)961-6553
Kt , 6 fne it Bldg
C « Kailutt-Kona,Ihwtri"i 96740
Phone(809)323-4444 * Fax (808)323-4440
FOURTH AMENDED EMERGENCY PROCLAMATION
RELATING TO THE HILO WASTEWATER TREATMENT PLANT
1�1 WHEREAS, Hawar � Rev
ised Statutes (HRS) Chapter 1.27A, pr
ovides for the
establishment of County organizations
for ernergenc.y rnanagement and disaster relief with the
Mayor having direct responsibility and authority over emergency management: v�fithin the
11 County; and
WHEREAS, HRS Chapter 1.27A, and Hawaii County Ccacle (E-1CC) Chapter 7, establish a
Civil Defense Agency within the County of Hawzti`i and prescribes its powers, duties, and
J responsibilities; and
WHEREAS, HRS § 127A-1.4(b) empowers the Mayor to declare the existence of a local
jstate of emergency in the County by proclamation i1`the Mayor finds that an emergency or a
disaster has occurred c.7r that there is imminent danger or threat of an emergency or a disaster in
j any portion of the County; and
i
WHEREAS, HRS § ]27A-2 defines an "emergency" as "any occurrence, or imminent.
y y .I y population threat thereof, which results or may likely result its substantial in'ur- or h�u�rn tt:� the o ulation or
asubstantial damage to or loss of property or substantial damage to or loss of the environment;"
and a "disaster" as "an emergency, or imminent threat thereof, which results or may like]y � g� y, y y
result in loss of life, property, or environment and requires, or may require, assistance from other
o counties, states, the federal government, or from private agencies;,, and
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0
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WHEREAS, the Charter of the County of Hawaii (CCH) § 1.3-23 and HCC § 7-1-6(a)
also empower the Mayor to declare a state of disaster or emergency by proclamation; and
WHEREAS, the Hilo Wastewater Treatment Plant (Plant) was constructed in 1994 and is
the only major municipal treatment facility serving the sewered areas within the District of South
Hilo, County of Hawaii; and
i
WHEREAS, the Plant serves and treats domestic and commercial wastewater generated
by approximately 30,000 residents, businesses and visitors; and
WHEREAS, the State Department ol`Hcalth issued National Pollutant Discharge
Elimination System (NPDES) Permit No. H10021377 for the Plant, effective on May 1, 2020,
and
i
County of l-lawai`i is an FcllLd(1ppoilunity Provider and ksmployer.
l
FoUrtli Amended F'inergency ProdaInation Relating to the Hilo Wastewater"]treatment.Plant
Page 2 of 4
WHEREAS, NPDES Permit No. 1410021377 authorizes the County of Hawai*i to
discharge secondary treated wastewater through Outfall Serial No. 001 into the Pacific Ocean
through a diffuser located within Puhi Bay in the District Of South Hilo; and
WHEREAS, the advanced age of the Plant cornbined with deferred maintenance, plant
location, and environmental conditions, have resulted in significant corrosion, deterioration, and
disrepair of the Plant and its associated infrastructure; and
WHEREAS, the Plant's associated infrastructure, including but not limited to sewer
Pump stations, force mains, pot-table pumps, and the collection system, which contribute to the
conveyance of wastewater to the Plant, also have deficiencies; and
WHEREAS, should failure of this critical infrastructure occur, it would pose an imminent
risk of raw sewage spillage, endangering public health and safety; and
WHEREAS, an assessment of the Plant's condition was conducted in 2021, by consultant
McGovern McDonald Engineers, to develop a report on the Repair/Replacement plan for the
facility, which included a calculation of risks and risk rankings related to potential plant failure;
and
WHEREAS, this report concluded there was structural deterioration of the Plant,
extensive area-wide corrosion, loss of bearing wall integrity, significant mechanical defects
affecting the Plant, and that several systems and their components are beyond repair and require
immediate replacement; and
WHEREAS, the report concluded that the general state of the Plant is very poor to
failing, with reliability and standby capacity compromised; and
WHEREAS, in March 2024, the County of Hawaii entered into an Administrative Order
on Consent with the Environmental Protection Agency to repair or replace the Plant, which
included repair or replacement of assets which are inoperable, corroded, deteriorated, and/or
at risk Of failure, to include the headworks, primary treatment train, and biosolids handling; and
WHEREAS, on Decertiber 20, 2024, the County of Hawaii awarded the Contract for
Phase One of,the Hilo Wastewater Rehabilitation and Replacement Project to Nan, Inc., which is
to be completed within five years from commencerrient ofthe repairs; and
WHEREAS, given the current state of the Plant, and the findings of McGovern.
McDonald Engineers, there are concerns that the structures and components could fail
imminently, and before the necessary repairs can be made; and
WHEREAS, the deteriorated condition of the Plant is in a state of failure, meaning there
is imminent danger of an emergency impacting the County of Hawaii, were Such failure to
occur, and raw sewage to be spilled into Puhi Bay and surrounding areas whereby water Currents
may allow raw sewage to be further disseminated with very limited mitigation options; and
WHEREAS, the current condition of the Plant poses substantial endangerment to public
Health and safety, and warrants preemptive and protective action in order to provide for the
F'ourth Amended Finergency Proclamation Relating to the Hilo wastewater Treatment Plant
Page 3 ot'4
health, safety, and welfare of the people of the County of Hawaii, who will be negatively
impacted if the Plant fails and waters are polluted; and
WHEREAS, pursuant to FIRS § 127A-12(a)(5), the Mayor may direct or control as may
he necessary for emergency management: alerts, warnings, notifications, activations, warnings
and signals for alerts and any type of warning device, system, or method to be used in connection
therewith; partial or full niobilization of personnel in advance of or in response to an actual
emergency or disaster; and the conduct of civilians and the movement and cessation of
movement of pedestrians and vehicular traffic during, before, and after alerts, exercises, training
emergencies, or disasters; and
WHEREAS, pursuant to FIRS § 127A-12(c)(6) the Mayor may "[plurchase, make,
produce, construct, rent, lease, or procure by condemnation or otherwise, transport, store, install,
maintain, and insure, repair, renovate, restore, replace or reconstruct, and distribute, furnish or
otherwise dispose of, with or Without Charges, materials and facilities for emergency
rnanagernent; and to procure federal aid therefor whenever feasible. Chapter 1031) and sections
103-50, 103-53, 103-55, 105-1 to 10540, and 464-4 shall not apply to any emergency
management functions of and to the extent that the [Mlayor finds that the provisions, in whole or
in part, impede or tend to impede the expeditious discharge of the functions, or that compliance
therewith is impracticable due to existing conditions;" and
WHEREAS, PUI-SWInt to FIRS § 127A-12(c)(I 4), the Mayor may "order and direct
government agencies, officials, officers, and employees of the county, to take action and employ
measures for law enforcement, medical, health, firefighting, traffic control, warnings and signals,
engineering, rescue, construction, emergency housing, and other welfare, hospitalization,
transportation, water Supply, public information, training, and other emergency functions as may
be necessary and utilize the services, materials, and facilities of the agencies and officers. All
agencies and officers shall cooperate with and extend their services, materials, and facilities to
the [M]ayor as the [M]ayor may request;" and
WHEREAS, pursuant to HRS § 127A-I 2(c)(I 7), the Mayor is authorized to take any and
all steps necessary or appropriate to carry Out the purposes of FIRS Chapter I 27A,
notwithstanding that the powers in FIRS § I 27A-I 3(b) may only be exercised during an
emergency period; and
WHEREAS, pursuant to FIRS §I 27A-I 3(b)(2), the Mayor is further authorized to
"suspend any County law that impedes or tends to impede or be detrimental to the expeditious
and efficient execution of or to conflict with, emergency functions, including laws that by this
chapter specifically are rnade applicable to emergency personnel;" and
WHEREAS, due to the imminent danger or threat of an emergency or a disaster relating
to the health, safety, and welfare of the people of the County of Flawaii, and the need for
government agencies and representatives from the private sector to mobilize and provide
immediate services to our island residents, a state of emergency is authorized pursuant to FIRS
Chapter 127A, CCH § 13-23, and HCC Chapter 7; and
WHEREAS, I issued the Emergency Proclamation Relating to the Hilo Wastewater
Treatment Plant on February 11, 2025, the First Amended Emergency Proclamation Relating to
FOUrth Amended Emergency Proclamation Relating to die Hilo Wastewater Treatment Plant
Noe 4 of4
the Hilo Wastewater Treatment Plant on April 10, 2025, the Second Amended Emergency
Proclamation Relating to the Hilo Wastewater Treatment Plant on June 9, 2025, and the Third
Amended Emergency Proclamation Relating to the Hilo Wastewater Treatment Plant on August
7, 2025, but effective August 8, 2025; and
WHEREAS, the conditions giving rise to the aforementioned emergency proclamations
continue to exist and it is necessary to supplement the Third Amended Emergency Proclamation
Relating to the Hilo Wastewater Treatment Plant; and
NOW, THEREFORE, 1, C. KIMO ALAMEDA, Mayor of the County of Hawaii, do
hereby proclaim and declare, effective October 7, 2025, that a local state of emergency exists
Linder HRS § 127A-14(h), CCH § 13-23, and I-ICC § 7-1-6(a), because the condition of the Plant
poses an imminent danger or threat of an emergency or a disaster within the County of Hawaii;
and
I FURTHER DECLARE, that this Fourth Amended Emergency Proclamation Relating to
the Hilo Wastewater Treatment Plant shall terminate autornatically sixty (60) days after its
issuance, unless extended or terminated by a separate or supplementary proclamation.
Done at the County of`Hawaii,
this day of October 2025
K4tuo A15WT�Lt, Ph.D.
Mayor
County of`Hawaii.
APPROVED AS TO FORM
AND LE ALITY:
Renee N.C. ScV)en
Corporation Counsel