A citizen’s group told a Honolulu federal judge in a letter Wednesday it has reached a conditional settlement with Hawaii County in a lawsuit over sewage discharged into Honokohau Harbor in North Kona.
The letter to U.S. District Chief Magistrate Judge Kenneth Mansfield from Elena Bryant, an Earthjustice attorney representing Hui Malama Honokohau, requested putting on hold “existing discovery and other deadlines while the parties finalize the settlement, including securing approval from the County Council.”
The judge on Thursday granted the parties 60 days to finalize the settlement, saying they have provided him with their settlement term sheet, which isn’t a public document.
The settlement is dependent upon County Council approval.
In the civil complaint filed Sept. 25, 2023, Hui Malama Honokohau accused the county of violating the federal Clean Water Act at its Kealakehe Wastewater Treatment Plant.
According to the lawsuit, the plant discharges about 1.7 million gallons of treated sewage from two pipes into a natural disposal pit located “in a lava field upslope from Honokohau Harbor.” The suit alleges the sewage enters the harbor through groundwater, polluting the marine environment and harming harbor users.
The filing claims discharges from the plant entering into the Pacific Ocean via groundwater “began in 1993 and will continue into the future on an ongoing basis.”
While terms of the settlement are not yet public, Earthjustice said last July that the county committed to applying for a National Pollutant Discharge Elimination System permit within six months. The permit was a bone of contention in the lawsuit, something the plaintiffs described as “a necessary step to protect human health and the environment.”
The lawsuit also sought upgrades to the facility’s wastewater treatment process to reduce the contaminants entering the harbor, as well as recycling treated wastewater for irrigation, firefighting and other beneficial uses.
“We are happy that the county has decided not to waste further taxpayer dollars fighting the need for a Clean Water Act permit for its wastewater discharges,” Mike Nakachi, President of Hui Malama Honokohau, said at the time. “Local families have suffered far too long from pollution that fouls our ocean and threatens our health. We look forward to working with the county to find solutions that will benefit our community and the environment.”
The litigation also seeks “civil penalties for defendant’s illegal, unpermitted discharges” from the facility, as well as awarding the Hui its costs for the lawsuit. It also asks the court to “retain continuing jurisdiction to ensure defendant’s compliance with all judgments and orders … .”
Email John Burnett at jburnett@hawaiitribune-herald.com.
