Committee authorized $193,274 fine to settle with EPA over county violations of Safe Water Drinking Act
Violations took place in seven different county owned properties with high capacity cesspools
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KAHULUI--On Friday at the Government Relations, Ethics and Transparency Committee meeting, the nine-member committee approved Bill 79 to authorize the county of Maui and Mayor Richard Bissen to enter into an intergovernmental agreement with the Environmental Protection Agency (EPA) for a fine of $193,274 for alleged Clean Water Act violations, according to the bill.
The ordinance granting the county the ability to enter into an intergovernmental agreement to settle the violations for a fine of $193,274 and a full audit of all county owned properties will now go before the Maui County Council for a possible vote in order to pass into law. Further consideration by the council and public comment will also take place after the committee unanimously approved Bill 79 on first reading Friday.
The EPA is accusing the county of Safe Water Drinking Act violations at seven county owned and operated sites, according to the settlement, which has yet to be signed by either parties, but has been offered by the EPA to the county.
The seven sites identified as in violation of the Clean Water Act are, "one parcel of land which includes the Hana Police Station, the Hana Motor Vehicle and Licensing Office, the Hana Public Works Vehicle Maintenance Shop with two alleged LCCs, one parcel of land which includes the Makawao Baseyard with three alleged LCCs, one parcel of land which includes the Maui Veterans Cemetery with one (alleged LCC, and one parcel of land which includes the Molokai Veterans Cemetery with one alleged LCC, in violation of the Safe Drinking Water Act," according to Bill 79.
"The County and EPA, to avoid incurring expenses and the uncertainty of an administrative or judicial determination of the parties' respective rights and liabilities, have attempted to reach a resolution of the alleged violations by way of a negotiated Consent and Final Order (CAFO)," the ordinance reads.
Deputy Corporations Counsel Michael Hopper represented the county at the committee meeting and addressed the need for the ordinance to come before the committee.
"This is an ordinance that's required to come before you for several reasons," Hopper said. "This involves the alleged violations from the United States EPA, involving seven large capacity cesspools on County of Maui owned properties. The agreement involves the payment of a fine of $193,274. The closure of the large capacity cesspools is already underway and has been underway. And a county-wide audit of all county owned properties, or managed properties to determine whether there are any additional large capacity cesspools, and to have those cesspools closed."
Hopper reiterated to the committee that the county council has already been funding the removal of these seven large capacity cesspools.
"In order to finalize this agreement with the EPA, we would need council approval for both the payment of the fine and for the fact that this is an intergovernmental agreement with the federal government," Hopper said, adding his office recommended accepting the offer on the table from the EPA.
Hopper alluded to similar agreements in 2018 between the EPA and Kamehameha Schools. And additionally in 2020 between the EPA and the State Department of Land and Natural Resources.
Bill 79 does not appear on the agenda for the next Maui County Council meeting on May 24 at press time.