Today, Maui community groups, represented by Earthjustice, sent Maui County a formal notice of their intent to sue the County for its ongoing violations of the Clean Water Act at the Lahaina Wastewater Reclamation Facility into the nearshore waters of West Maui. The groups include Hawai‘i Wildlife Fund, West Maui Preservation Association, Surfrider Foundation’s Maui Chapter, and Sierra Club-Maui Group.
The County’s facility injects millions of gallons of wastewater every day into the ground water. Although the water is treated at the facility, it still contains bacteria, chemicals and other pollutants when it is pumped into the ground. The County has known for many years, and scientific studies have shown, that this wastewater flows through the ground water into Maui’s nearshore waters, where it degrades the water quality, presents health risks, and promotes algae blooms. The Clean Water Act strictly prohibits and penalizes discharging pollutants into the ocean without a permit, known as a National Pollutant Discharge Elimination System (NPDES) permit, that restricts the contents of such flows, but the County has never obtained such a permit for the Lahaina facility. The plaintiffs will ask the court to require the County to obtain a water pollution control permit to limit the discharges of pollutants.
“The wastewater flowing from the Lahaina facility is heavily contributing to the decline of coral reefs and the nearshore ecosystem in marine waters on the West Maui coast,” said Earthjustice attorney Paul Achitoff. “The waters are intended to support aquatic life and provide aesthetic enjoyment and the opportunity for recreation, but because of the pollution from the injection wells, algal blooms smother the reef and pollutants degrade water quality.”
Lance Holter, Chair of the Sierra Club-Maui Group, noted, “Studies conducted by the University of Hawai‘i and the U.S. Geological Survey indicate the presence of municipal wastewater discharge in marine waters near the Lahaina facility. Our goal is to ensure that the County comes into compliance with the Clean Water Act to protect the ocean and those who live, work and play there.”
“Areas of concern include the Kahekili Herbivore Recovery Zone, a designated Marine Managed Area within a priority watershed. Our research identifies it as important habitat for critically endangered hawksbill sea turtles,” added Hannah Bernard, president of Hawai‘i Wildlife Fund. “By providing the County with notice of our intent to sue, we are telling Maui County how urgent it is that they stop these illegal discharges.”
The community groups attempted to resolve this issue without litigation, and over the past several years have participated in public hearings and attended numerous meetings with Maui County officials, including both former Mayor Tavares and current Mayor Arakawa and members of their administrations. But the County has failed to obtain an NPDES permit despite the community’s concerns, and despite decades of polluting marine waters in violation of the Clean Water Act. The law requires that formal notice of intent to sue be provided at least sixty days before a lawsuit is filed. The community groups took this step today, and intend to follow up with a lawsuit when the notice period elapses.
“Maui County has been able to evade applying for a permit at the Lahaina facility for the past 30 years, and it’s the public that has had to deal with the consequences. The Clean Water Act requires that the County get a permit to regulate their pollution discharges for the protection of Maui coastal water quality, aquatic ecosystems, and human health, and sound public policy requires that the County start reclaiming the water for land-based use instead of dumping it into the ocean,” said Stuart Coleman, Surfrider Foundation’s Hawaii Coordinator.
Contact:
Paul Achitoff, Earthjustice, (808) 599-2436
Hannah Bernard, Hawai‘i Wildlife Fund, (808) 280-8124
Comment(1)
Collin Mattick Williams says:
08/14/2011 at 8:58 pmIn front of Maui Sands and Papakea, I found no eels. Today, I searched the close to shore reef and the outer reef, I saw no eels. I investigated small holes on the sea floor expecting to see a small eel pop out with mouth open to protect, but there were no baby eels. In recollection, I have not seen any baby or adult eel for at least three or four years.
Your article mentions that thirty years ago, the injection wells began. Thirty years ago, I was fifteen years old. With my family, I remember that there were basically two hotels — Maui Sands and The Sheraton on Black Rock. I remember propeller planes starting their 8:30 A.M. Flights. I remember making friends with Glen T., a local my age, who taught many things about West Maui, especially the reef and beyond. Glen taught how to snorkel, and I remember seeing such beauty.
That beauty has caused me to leave my Seattle residence every year to vacation here at Maui Sands or Papakea for the past 35 years. I remember seeing cuttlefish in the 20 foot gap in the outer reef fifteen years ago. I remember observing an occasional smallish fin break the surface very early in the morning or a little after sun set, which were probably reef sharks, not that I am fond of them and eager to them to return, but I fully agree that a healthy near shore reef requires reef sharks, but I have not seen any.
I remember while snorkeling seeing a two or three pound one foot long eels – dark red with gray and white colors – swim from the outer reef to the inner reef or visa versa and of course seeing baby eels spread sporadically. I was always tempted to let one the baby eels bite to see if it could and if so would it hurt. However, I have observed no eels for at least three years. Today, I searched intensely, but there were no eels; therefore, there must be something terribly painfully wrong — the reefs in front of Maui Sands are dying.
I support the lawsuit against the county for not obtaining the proper permits for injection wells for thirty years and not completing environmental studies required by law.
How may I help?
Respectfully,
Collin Mattick Williams