Title
RESOLUTION 25-121, AUTHORIZING THE EMPLOYMENT OF SPECIAL COUNSEL BEVERIDGE & DIAMOND PC TO ASSIST AND REPRESENT THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, COUNTY OF MAUI, WITH THE PERMITTING PROCESS AND LEGAL CHALLENGES ARISING OUT OF THE ISSUANCE OF NPDES PERMIT NO. HI 0021848 FOR THE LAHAINA WASTEWATER FACILITY (GREAT-11(16))
Description
The Committee is in receipt of the following:
1. Resolution 25-121, entitled “AUTHORIZING THE EMPLOYMENT OF BEVERIDGE & DIAMOND PC AS SPECIAL COUNSEL TO ASSIST AND REPRESENT THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, COUNTY OF MAUI, WITH THE PERMITTING PROCESS AND ANY LEGAL CHALLENGES ARISING OUT OF THE ISSUANCE OF A NPDES PERMIT FOR THE LAHAINA WASTEWATER FACILITY (NPDES PERMIT NO. HI 0021848).” Resolution 25-121’s purpose is to authorize the retention of Beveridge & Diamond PC as special counsel to assist and represent the Department of Environmental Management, County of Maui, with the permitting process and any legal challenges arising out of the issuance of a NPDES permit for the Lahaina Wastewater Facility, for a total compensation not to exceed $250,000.
2. Correspondence dated May 14, 2025, from the Department of the Corporation Counsel, transmitting a copy of a public hearing notice for the Proposed Revised Water Pollution Control Permit for Lahaina Wastewater Reclamation Facility NPDES Permit No. HI 0021848 and the permit.
Status
The Committee may consider whether to recommend adoption of Resolution 25-121, with or without revisions. The Committee may also consider the filing of Resolution 25-121 and other related action.
Note
With reference to this agenda item, one or more executive meetings are anticipated in accordance with Section 92-5(a)(4), Hawaiʻi Revised Statutes, to consult with legal counsel on questions and issues pertaining to the powers, duties, privileges, immunities, and liabilities of the County, the Council, and the Committee; and Section 92-5(a)(8), Hawaiʻi Revised Statutes, to deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential under a State or Federal law, or a court order.