Hilo, Hawai’i – January 3, 2025 – Hawai’i County is seeking approval to continue employing Schlack Ito, a limited liability law company, to represent the county in the ongoing lawsuit Hui Malama Honokohau v. County of Hawai’i (Civil No. 1:23-CV-00393). The resolution, identified as Resolution 49-25, is set to be considered for approval on January 7, 2025. If passed, the resolution would authorize the retention of special counsel services, with additional compensation of $300,000, for a total compensation not to exceed $500,000.

The lawsuit, filed in September 2023, alleges that the County of Hawai’i is violating the Clean Water Act by operating the Kealakehe wastewater treatment plant without a National Pollution Discharge Elimination System (NPDES) permit. Earthjustice, representing Hui Malama Honokohau, argues that the plant’s discharges are contaminating the nearshore environment, endangering marine life, and exposing ocean users to potential health risks.

The County of Hawai’i, however, maintains that the plant has been in operation since 1993 and does not require an NPDES permit, as it meets all state and federal wastewater treatment standards. The county denies the allegations that its wastewater discharges are harmful and claims the facility operates within legal requirements.

The Kealakehe plant, located near Honokohau Harbor, processes over 1 million gallons of wastewater daily from Kailua-Kona. The plant’s treatment process involves screening and solid removal, followed by pumping the remaining liquid waste into large aerated settling ponds. The water is then treated with chlorine before being sent to a disposal percolation basin, where it drains into the groundwater and ultimately reaches the ocean.

Earthjustice’s lawsuit also claims that contaminants, including metals and endocrine-disrupting compounds, are entering the ocean and contributing to the decline in water quality. Additionally, the lawsuit argues that exposure to the treated wastewater has led to infections among ocean users, including staph infections.

Public Meeting Information

The Hawai’i County Council will meet on January 7, 2025, for Committee meetings, with the regular Council meeting continuing on January 8, 2025, at 9:00 a.m. Both meetings will take place in the Council Room at 25 Aupuni St., Hilo. For information on specific committee times, contact the County Clerk’s office at (808) 961-8255.

Submit Testimony:

• Oral Testimony via Zoom: To testify via Zoom, email councilremotetestimony@hawaiicounty.gov or call (808) 961-8255 by 12:00 noon on January 6, 2025, for committees and by 12:00 noon on January 7, 2025, for the Council meeting.
• Written Testimony: Submit written testimony by 12:00 noon on January 6, 2025, via:
  • Email: counciltestimony@hawaiicounty.gov
  • Fax: (808) 961-8912
  • Mail: County Clerk’s Office, 25 Aupuni St., Hilo, HI 96720

View the Meeting:

To view the live stream of the meetings, visit: http://hawaiicounty.granicus.com/ViewPublisher.php?view_id=1.

Earthjustice’s complaint:

Hawaii County’s response to complaint: