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HomeMy WebLinkAboutCOM 0050.037 2022-2024 II 12. Gow.5o j Lart CO siERRA cLuB HA AI 'I ISLAND GROUP r.� Aloha council members, I'm speaking on behalf of the Sierra Club's Hawai'i Island Group on the issue of waste water disposal and treatment related to Bill 12 and other proposed projects dependent upon the Kealakehe Wastewater Treatment Plant (WWTP). The protection of our waters, be they aquifer or near shore, is critical to environmental, cultural, social, financial and human health for all of Hawaii's people. Government officials like you are legally bound by the State Constitution to protect those waters. Despite the benefits petitioners hope for through passage of Bill 12 , they are also asking members of this body to ignore that legal duty to protect that Public Trust Resource. Per the Background Report, p. 6 says, "...the subject property is within 300 feet of the county sewer system and the proposed subdivision therefore requires extension of the sewer system..." Background Report, p. 6, https://records.hawaiicounty.gov/WebLink/DocView.aspx? dbid=1&id=118708&page=1&cr=1 Enforcement of laws related to wastewater treatment on the island of Hawai'i continue to be an issue that our group is actively pursuing. For example, when the draft EA for the North Kona Pump Station was published, Earthjustice on behalf of Sierra Club, raised this issue of increasing flows to an illegal discharge rate, yet our mayor and council still haven't acted to correct the situation. When the EPA's Regional Administrator met with the mayor and others including representatives of our group who were urging a voluntary consent decree for islandwide non-compliance, it was rejected by the County, meaning that, to this day, Hawaii County has 5 wastewater treatment plants illegally discharging to our groundwater. This begs the question of whether a developer could sue if the County approves this change of zone and then the Environmental Protection Agency (EPA) imposes a moratorium on extensions of the sewer system until wastewater violations are corrected. The perils to public and environmental health extend beyond this one rezoning. All approvals of more development that is dependent upon our current wastewater 00 Comm. 142. Ref.To: 100 U ail l Ref. Dote FEB 2 2 2023 treatment plant would be impacted should the EPA establish a moratorium on new connections where chronic violations of the Clean Water Act continue to occur. So, while the mayor is moving to bring the Hilo WWTP up to EPA standards, ignoring ongoing violations elsewhere on the island is done at our collective peril. All sewer connections along Alii Drive are problematic and, in fact, dangerous for two reasons: 1) there's Insufficient capacity in the collection system and 2) Kealakehe WWTP is dumping approximately 2 million gallons of untreated wastewater per day directly into holes in the ground in violation of the Clean Water Act. In conclusion, our group feels that, until this serious issue is resolved, council members should not only reject this rezoning request, but also consider a development moratorium on all development that is dependent upon our current WWTP. That action would help stop lawsuits and insure the legally mandated protection of our aquifer, nearshore waters, and residents' health from the dangers and damage of toxic runoff, insuring protections for all of Kona's residents, including the owners of this Ali'i Drive property. Mahalo for voting against Bill 12 and this untimely rezoning. Sincerely, Janice Palma-Glennie For Sierra Club's Hawai'i Island Group • _�.. _.�. Y . t • • • if ar. t 0. .. w ,}.