HomeMy WebLinkAboutCOM 0620.024 2022-2024 Pi Gounc,il
Res. 12-
Cio4�lt�l.H2O
Sent: Monday, December 04, 2023 8:11 AM
To: Stephen Holmes; Council Testimony
Cc: Chuck Flaherty; Cory(Martha) Harden; Bill Bugbee; Ron Aronson; Sue Aronson;
Villegas, Rebecca; Inaba, Holeka; Cindi Punihaole; Cindy Evans; Kimball, Heather;
Wayne Tanaka
Subject: RE: Resolution 372-23
c-)
LAJ
jCCD
rr
c-"a -t
> `,
Tad.
Original Message
From: Stephen Holmes
Sent: Friday, December 1, 2023 10:12 AM
Cc: Chuck Flaherty<one@aloha.net>; Cory(Martha) Harden <333cory@gmail.com>; Bill Bugbee
<bbugbee@beyondkona.com>; Ron Aronson<ron@konacoastrealty.com>; Sue Aronson<sue.aronson@icloud.com>;Villegas,
Rebecca <Rebecca.Villegas@hawaiicounty.gov>; Inaba, Holeka<Holeka.lnaba@hawaiicounty.gov>;Cindi Punihaole
<cpunihaole@kohalacenter.org>;Cindy Evans<cynthiaevans@aol.com>; Kimball, Heather
<Heather.Kimball@hawaiicounty.gov>;Wayne Tanaka<wayne.tanaka@sierraclub.org>
Subject: Resolution 372-23
Councilmembers:
Maui Mayor Victorino made a terrible decision to fight the Lahaina Clean Water Act lawsuit brought by Earthjustice and lost
repeatedly in the courts while the pollution of coastal waters continued for 8 more years. Millions in taxpayers dollars flushed
down the toilet for attorneys giving bad advice.The Hawaii County Council can't let Mayor Roth do the same thing. Enough
already.Time to work out a settlement with the parties to the litigation and EPA to move to solutions.
After losing all the way up to the U.S.Supreme Court,the case was remanded back to federal district court in Honolulu where
Judge Susan Mollway again ruled against Maui County. Her interpretation of the Supreme Court decision will guide the
outcome of this latest lawsuit as they both involve illegal dumping of effluent to groundwater that is then conveyed to
regulated coastal waters. Her decision and that of the Supreme Court have set precedent.
The case will revolve around transport of pollutants via groundwater within the test established in court. For Kealakehe,the
plaintiffs have submitted a transit time calculation done by a hydrogeologist at UH Hilo and using methodology set out by
USGS Honolulu which has done extensive studies in West Hawaii.The science is clear.
The sump or hole in the ground is less than a mile upslope from Honokohau Harbor well within the Supreme Court test.The
receiving waters are federally listed as impaired and numerous scientific studies prove that effluent from the sump reaches the
coast.
1 Comm. N . U10. i
Ref. To: V S
Ref. Date D=023
Throwing taxpayers dollars on endless legal maneuvers doesn't solve this pollution problem, but water recycling can.We are
facing climate induced drought and need that water resource. Even Maui has ended their quixotic battle and seen the wisdom
of this.Sadly, it took a devastating fire to make them finally come around.
Water recycling is what Hui Malama Honokohau is pushing for rather than a federal permit to keep dumping.Water recycling
for irrigation generates revenue, protects sustainable yield in the aquifer,and is a common practice here throughout the state.
Several companies with the expertise and access to capital have approached Mayor Roth.Additionally, EPA Region 9
Administrator Martha Guzman has met with Mayor Roth and offered federal funding.The Hawaii Community Foundation has
offered assistance in putting together a reuse plan. Lots of resources to solve this without high price attorneys.
Please bring 25 years of illegal and harmful sewage dumping to an end,The Council needs to set the policy to end this now.
You have that authority.
Mahalo,
Steve Holmes
75-5865 Walua Road E634
Kailua-Kona, HI 96740
2