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o The Addendum AIS states, "A coordinated effort was started by the Punalu`u <br /> Preservation Committee to make the Punalu`u, Wailau, Ninole coastal area a <br /> Historic District at both the state and federal level. In 2007, Members of Ka`u <br /> Preservation Inc. (formerly Punalu`u Preservation Committee) composed a <br /> nomination form requesting that the coastal area of Punalu`u, Wailau, and Ninole <br /> be added to the National Register of Historic Places (NHRP) (Ka`u Preservation <br /> 2007). To date, the area has not been listed in the NHRP." <br /> o The Addendum AIS states that numerous sites on the property met the criteria to <br /> be placed on the Hawaii and National Register of Historic Places. <br /> o For the above state reasons and more, a Supplemental Environmental Impact <br /> Statement(SEIS) is required due to the destruction of cultural sites because <br /> recommended mitigation measures from past AIS have not been implemented. <br /> 2. Outdated Wastewater Treatment Plant: <br /> o Past engineering reports have determined the current 50-year-old wastewater <br /> collection system, treatment plant, and disposal system are outdated and is <br /> functioning at a fraction of its original design capacity. <br /> 0 The current plant does not treat wastewater to current Department of Health <br /> standards requiring removal of harmful viruses and bacteria. <br /> 0 In 2006, the Draft Environmental Impact Statement(DEIS) for development of <br /> this land stated, "The onsite wastewater treatment plant is deteriorated and does <br /> not have sufficient capacity to serve the new load." (DEIS 2006 at page 1-15). <br /> "The Wastewater system is also old and obsolete. The technology is outdated. <br /> New development will require a significant upgrade or a replacement of the entire <br /> system and a requirement to meet newer, more stringent wastewater standards." <br /> (DEIS 2006 at page 3-2). Increasing the density in the area will tax the obsolete <br /> wastewater treatment plant and jeopardize nearshore waters. <br /> 0 The SMA permit application says that the Wastewater Treatment Plant is built to <br /> 100,000 gallons per day (gpd) capacity,however the 2006 DEIS says that the <br /> facility is built to 50,000 gpd capacity and is in poor repair. (2006 DEIS at page <br /> 377). <br /> 0 2006 DEIS also says the infiltration system is outdated and requires extensive <br /> repairs. <br /> 0 A new wastewater treatment plant is required, which triggers the requirement for <br /> an SEIS before this SMA permit can be approved. <br /> 3. Clean Water Act Violation: <br /> o The existing wastewater treatment plant uses infiltration basins, which is the <br /> functional equivalent of a direct discharge of pollutants from a point source into <br /> navigable waters. A permit under the Clean Water Act is required. <br /> o In County of Maui v. Hawai`i Wildlife Fund, the U.S. Supreme Court found that <br /> the Clean Water Act requires a permit when there is a functional equivalent of a <br /> direct discharge of pollutants from a point source into navigable waters. Because <br /> the wastewater treatment plant uses infiltration basins that are the functional <br /> equivalent of a direct discharge from a point source into groundwater that flows <br /> into navigable waters/nearshore marine environment, a Clean Water Act permit is <br /> required. Since the applicant has not applied for this permit and there is, as yet,no <br />