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SIF PA Call DEC I8 t.M9: 44
December 17th, 2023
Aloha e Chair Kimball and members of the Hawaii County Council,
Thank you for your reconsideration of Resolution 372-23.
For decades, the Kealakehe Wastewater Treatment plant has released millions of gallons of treated
sewage into groundwater that flows into our Honokohau Harbor, causing irreversible damage to the
surrounding nearshore waters. The health of West Hawai'i's coral reefs and communities that rely on
them are at risk every day because the county continues to dump reusable wastewater into a literal
hole in the ground and into the ocean. Please do what is right for our taxpayers and the natural
resources that are the foundation of our local lifestyles, cultural practices, and economy.
HULI PAC, a Hawai'i Island organization, insists Hawaii County not needlessly waste taxpayer dollars
to begin a lengthy, costly, and ultimately fruitless (for the county) legal battle. Maui County spent
hundreds of thousands of dollars over eight-plus years fighting a similar lawsuit over their Lahaina
Wastewater Treatment Plant, ultimately losing in the US Supreme Court. County of Maui v. Hawai'i
Wildlife Fund has set a precedent for Kealakehe and many other groundwater polluters. Please do not
let Mayor Roth make the same mistake as Mayor Victorino.
Hui Malama Honokohau is requesting two actions for relief:
Declaration of Relief:
A complaint seeking declaratory relief occurs when one or two parties go to court to get clarification
on a legal matter, in this case, whether or not the county is violating the Clean Water Act (CWA).
Injunctive Relief:
Resolution 372-23 should be amended to require the Corporation Counsel to return to the county
council after the declaratory judgment has been issued by the court to detail what additional funding
will be needed for the injunctive relief stage of the litigation.
Please strictly limit the scope of services provided in any engagement letter with outside counsel to
the initial phase of the court case up to and including the hearing(s) for declaratory relief only.
Require the Corporation Counsel to return to the county council after the declaratory judgment has
been issued to detail what additional funding will be needed for the following stages of litigation.
Mahalo for this opportunity to testify,
Maki Morinoue
96725
HULI PAC, member
(with members from around our island)
Comm. No. `
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Ref. To: /ILV 1116
Ref. Date