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requirements, the satisfaction of EPA that it goes to federal court and then things get much <br />tougher and much less flexible and they face large penalties, fines under the Clean Water Act, <br />for instance, the AOC for Pahala/Naalehu is already cost taxpayers money in the way of fines <br />because the County hasn’t been able to meet deadlines under that particular AOC, so, they <br />really have no choice – they have to find a way to make this work. <br /> <br />RD: Chair, District – 1, Steve – another question. Here’s – in the Honokohau injection well – now the <br />supreme court ruled on this on the Maui case, which was very clear. Why do you think the <br />County took the position that they were going to fight this – to clean up the injection well? <br /> <br />SH: Yeah, as I indicated the science certainly doesn’t support that, Robert, it’s been well known that <br />the flows that are reaching the coastline – one of the scientific studies that was submitted in <br />federal court in Honolulu is in the litigation brought by our justice and behalf of the community <br />group was an actual study that showed the transit time from the point of discharge – they’re not <br />using an injection well – they’re literally using a hole in the ground – and, so there’s a transit <br />time calculation based on Hawaii’s geology – USGS has put the methodology together and so <br />UH-Hilo scientists ran the numbers based on USGS’s methodology and showed that the flows <br />were in fact reaching the coastline well within the definition that was laid out by the Supreme <br />Court case regarding Lahaina. So, once again, the science is there – it’s not magic that the <br />coastal waters are consistently impaired under federal law, it doesn’t happen magically, it takes <br />a significant source of pollution to cause that on a consistent basis so the science is well known <br />so my understanding is that while the County originally raised – got the Council to approve a <br />bunch of money to hire a private law firm in Honolulu that in fact, when the expert attorneys <br />were brought in that they advised settlement and in fact federal judge scheduled a settlement <br />discussion so, you’re right that the Lahaina case acts as a legal precedent and, when the <br />Supreme Court finished the case – at their level they got remanded back down to Judge Susan <br />Mollway in Honolulu. Her decision once again, went against Maui County after the Supreme <br />weighed in and that acts as precedent within the federal court in Honolulu. So, this case was <br />basically built on all of the work that was done as a result of the Lahaina litigation. <br /> <br />RD: Thank you. <br /> <br />LT: Thank you very much. <br /> <br />BL: Brian Ley, District – 4. Well, I’m glad that closed down the only working dairy on the Island <br />\[unclear\] so the County can do this. Ah, one question, is anybody in the County that was <br />knowingly know this and falsified records – are there gonna be criminal charges brought against <br />anybody that was doing this, ‘cause I know in the news thing lying and falsifying information like <br />that would be prison term. Is anything gonna happen to the County for – to cover up and lying <br />on testing? <br /> <br />SH: Yeah, when I was on the Honolulu City Council I got a call one day from a whistleblower and EPA <br />actually has badge and gun guys so I referred the whistleblower directly to EPA and there were <br />subsequent criminal charges were brought in that, but that was a long time ago – I’m not aware <br />of anything regarding the County and the actions that are being taken against them presently <br />that rises to the level of criminality. I don’t expect any criminal charges to be brought. <br /> <br />10 <br /> <br />