The only way to solve injection well problem

The injection well court case is difficult to follow. Maui’s injection wells were permitted under the Safe Drinking Water Act (SDWA) with an Underground Injection Control permit.

Earthjustice and friends took it to court where the 9th Circuit court changed the permit requirement by changing it from the SDWA to the Clean Water Act that requires an NPDES permit. Problem, the CWA law does not regulate or even mention injection wells.

The 9th court ruling is ridiculous since injection wells are not even mentioned in the CWA. In the United States, there are no permitted injection wells under the CWA.

The 9th Court, with input from Earthjustice and friends, is attempting to change the injection well law by putting it under the Clean Water Act, where it does not exist.

Maui County attempted to obtain an injection well permit under the non-existent CWA (NPDES) system, but failed because there is no such permit under the CWA.

The several Maui County Council members, supported by their environmentalist friends, are still attempting to obtain a nonexistent injection well permit under the CWA. The way to solve this problem is to have the Supreme Court rule on it, not a Maui council committee interpretation. A Maui County Council ruling would affect the entire United States by setting a stupid and costly precedence. The Supreme Court is the only way to settle this, not by the Maui County obtaining a fictitious permit.

Don R. Gerbig

Lahaina