Honolulu, Hawaii – A Honolulu federal court was informed of a preliminary agreement between a local citizens’ group and Hawaii County concerning a longstanding issue of sewage discharge into Honokohau Harbor, North Kona. The settlement, which hinges on the approval of the County Council, seeks to address allegations of environmental pollution stemming from local wastewater management practices.
The group, Hui Malama Honokohau, represented by Earthjustice, has been embroiled in a lawsuit with the county over what they claim are violations of the federal Clean Water Act at the Kealakehe Wastewater Treatment Plant. The plant reportedly discharges approximately 1.7 million gallons of treated sewage daily into a natural disposal area located in a nearby lava field, which subsequently leaks into the harbor through the groundwater.
This legal action, initiated on September 25, 2023, argues that the county has been unlawfully allowing treated wastewater to seep into the Pacific Ocean since 1993. This has purportedly resulted in significant ecological damage and poses health risks to harbor users and the broader community.
The terms of the proposed settlement, details of which remain confidential, include the county’s commitment to apply for a National Pollutant Discharge Elimination System permit within the next six months. This permit is crucial for legally sanctioning the discharge of treated wastewater into navigable waters, addressing one of the lawsuit’s primary grievances.
Moreover, the settlement is expected to compel the county to enhance its wastewater treatment processes. This would not only minimize the contaminants flowing into the harbor but also involve the recycling of treated water for uses like irrigation and firefighting, adding a layer of environmental sustainability to the county’s practices.
The ongoing litigation also demands civil penalties for the unauthorized discharges from the treatment facility and seeks reimbursement of legal costs incurred by Hui Malama Honokohau. Furthermore, the plaintiff has requested that the federal court maintain jurisdiction over the case to ensure the county adheres to any judicial rulings and mandated environmental compliance measures.
Echoing the sentiments of local residents affected by the pollution, Mike Nakachi, President of Hui Malama Honokohau, expressed relief over the county’s decision to move toward compliance with environmental laws, highlighting the prolonged suffering endured by the community due to the pollution.
The conditional settlement awarded by U.S. District Chief Magistrate Judge Kenneth Mansfield gives both parties a 60-day window to finalize the agreement, underscoring the urgency of resolving this environmental issue.
The community awaits the County Council’s review and decision, which will ultimately determine the feasibility of the proposed environmental reforms and the future health of Honokohau Harbor.
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