HomeMy WebLinkAboutCOM 0620.073 2022-2024 p / Council
Res.372-23
Calk PO
From: David Hunt
Sent: Monday, December 18, 2023 12:15 PM
To: Council Testimony; Planning Internet Mail; Kimball, Heather; Lee Loy, Sue; Kierkiewicz,
Ashley; Evans, Cynthia F.W.; Inaba, Holeka; Kagiwada,Jennifer; Kanealii-Kleinfelder,
Matt; Galimba, Michelle M.;Villegas, Rebecca; Roth, Mitch D; Kanealii-Kleinfelder,
Matt;Villegas, Rebecca;webmail@doh.hawaii.gov
Subject: An opportunity for positive policy change, respect for our public trust waters, and
compliance with the CWA.
TO:
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Dr. Kenneth Fink, Director, HI Dept. or Health K=3 ='G:
webmailadoh.hawaii.gov `
Kathleen Ho, Deputy Director, HI DOH Environmental Health -- "" --'
webmail doh.hawaii.gov c.:)
HI County Planning - t.
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planning@hawaiicounty.gov `'
Heather Kimball
heather.kimball@hawaiicounty.gov
Sue Lee Loy
•
Sue.LeeLoy@hawaiicounty.gov
Ashley Kierkiewicz ashler.kierkiewicz@hawaiicounty.gov
Cynthia F.W. Evans
cindy.evans@hawaiicounty.gov
Holeka Inaba
holeka.inaba@hawaiicounty.gov
Jenn Kagiwada
Jennifer.kagiwada@hawaiicounty.gov
Matt Kanealii-Kleinfelder
matt.kanealii-kleinfelder@hawaiicounty.gov
Michelle M. Galimba
michelle.galimba@hawaiicounty.gov
Rebecca Villegas rebecca.villegas@hawaiicounty.gov
Mayor Mitch Roth
mitchd.roth@hawaiicounty.gov>
We have an opportunity for positive policy change, respect for our public trust waters, and compliance with the CWA.
Please help Hawaii move towards compliance and cooperation-rather than costly, disrespectful, and ineffective
combativeness.
•
I offer my comments to the EPA below for your review and consideration.
Comm. No , •
Ref. To: grcilite
Ref. Date J EC 1 9 2023
i
EPA NPDES Guidance post "Maui County v. Hawaii Wildlife
Fund" SCOTUS Ruling.
epa.gov 0
https://www.regulations.gov/commenton/EPA-HQ-0W-2023-0551-0001
I am pleased to see the EPA finally taking at least some minimal steps towards "guidance" in this post County
of Maui v. Hawaii Wildlife Fund SCOTUS ruling period.
I believe, however, that there is more that the EPA can -and needs to do to in order to remedy the examples I
will briefly outline below and the many similar or related cases across the US.
More clear and specific procedures, rules and regs CAN be developed, implemented, and enforced to cover a
vast majority of similar and related cases.
In the state of Hawaii, on the Island of Hawaii, we have two "excellent examples" of a dysfunctional, improper,
and rather egregious point-source pollution discharge process -which needs accountability, redirection,
supervision, and recourse from the EPA.
Case 1. Applicant "Hu Honua" clearly sought to circumvent the NPDES permitting process and the State of
Hawaii was complicit in utilizing the UIC permit process rather than the NPDES permitting process. The state
was repeatedly and strongly cautioned by myself and MANY other knowledgeable individuals and groups that
this was in violation of the CWA.
Case 2. Hawaii County Mayor Mitch Roth is, unfortunately, unilaterally following in Maui County Ex-Mayor
Michael Victorino's pointless and wasteful footsteps, in seeking, foolishly, to attempt to re-fight an identical
fight against bringing the Kealakehe Waste Water Treatment Plant's point-source pollution discharge into
CWA compliance rather than using the time, energy, and public's money to simply negotiate a course of action
to bring this plant and point-source pollution discharge into compliance.
These two particular cases would be an excellent example for the EPA to utilize in developing a prototype
process for CWA and NPDES compliance for many other jurisdictions and agencies in this era of post-County
of Maui v. Hawaii Wildlife Fund SCOTUS ruling.
Respectfully,
David J Hunt, Honoka'a, Hawaii
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