The county is considering a settlement with the Environmental Protection Agency over allegations that the county violated the Safe Drinking Water Act and the terms of its injection well permit at the Lahaina Wastewater Reclamation Facility.
County attorney Jane Lovell said the issue stemmed from a dispute over whether the brackish-water aquifer beneath the facility could be considered a drinking water source. But rather than fight the allegations in court, she said, officials will consider a settlement that would require the county to do more disinfection of the wastewater it pumps into the ground.
The Maui County Council Policy Committee will review the proposed settlement at 9 a.m. Wednesday June 15, 2011 in Council Chambers of the Kalana O Maui building.
Lovel noted that the EPA has not sued the county but instead offered the county a consent agreement that includes claims that the county violated environmental laws. Without a trial, “there hasn’t been any opportunity to test these (allegations),” she said.
In the settlement being considered Wednesday, the county does not admit to any of the violations but would agree to increase the amount of disinfection at the plant, she said.
While the state Department of Health has classified the brackish-water aquifer under the treatment plant as nonpotable and therefore exempt from certain wastewater treatment requirements, the EPA disagrees and has classified it as a drinking water source, she said.