Reproduced with the permission of the Lahaina News, 10/6/97:
BY MARK VIETH
Editor
WAILUKU -- A Honolulu environmental group believes Maui Land & Pineapple Co. Inc. could make good on alleged violations of wastewater disposal laws by restoring a minimum of five million gallons a day of Honokohau Stream water to taro farmers and residents below.
Paul Achitoff of the Earthjustice Legal Defense Fund told members of the County Council's Committee of the Whole Monday that state records show that ML&P in recent years repeatedly violated the federal Clean Water Act and other national and state environmental laws in its discharge of wastewater in Central Maui. A visible result was pollution at Kahului Harbor, he said.
Achitoff explained that the wastewater has been rerouted and the problem addressed, but the state and ML&P are currently discussing if the company should be penalized for the past violations. (No state or Maui Land & Pineapple representatives were present at the meeting.)
He told council members that his group (formerly the Sierra Club Legal Defense Fund), the Native Hawaiian Advisory Council and Native Hawaiian Legal Corporation have asked the state to impose a "Supplemental Environmental Project" in an enforcement action against ML&P for the alleged wastewater violations.
They have asked that ML&P return at least 5 million gallons per day of stream water to Honokohau Valley, to support taro growing and over time restore the stream's ecosystem. Achitoff asked members of the council to support the idea through a resolution.
An estimated 25 million gallons of water a day flows down the Honokohau Stream each day. The stream is diverted to allow 1 million gallons of water into the valley, and the rest is used by ML&P, and to a lesser extent, the county and Pioneer Mill.
Achitoff feels the tradeoff is a "win-win" situation for the parties involved -- ML&P would earn points in the community for restoring the stream; the county would be in a position to replace the water let into the valley by selling reclaimed water for irrigation from the Lahaina Wastewater Reclamation Facility; valley residents would receive the water they have been fighting for; and ML&P could likely avoid the prospect of costly and time-consuming legal battles in the future.
"There is no constitutional right to divert all water from a stream," said Achitoff. "Streams can be restored, whether Maui Land & Pine likes it or not."
Reached at home, Honokohau Valley landowner Kimo Lindsey believes that the 100 percent diversion of the stream, seven miles up the river, is illegal.
When informed of the idea, he said the release of an additional four million gallons of water would help farmers located below the taro gate.
Councilman Alan Arakawa said that if the state supports the idea, he would be more inclined to back the resolution. He didn't think the council should involve itself in any negotiations about violations between Maui Land & Pineapple and the state.
Councilman Sol Kaho'ohalahala said the resolution revolves around serious issues, such as the long-standing disputes concerning the diversion of Honokohau Stream water, so the best route would be to invite representatives from the state and ML&P, "bring all the players in" and discuss solutions.
With information and input from the involved parties, if the council takes action on these issues, the information will be accurate and known to everyone.
Without testimony from ML&P and the state, information presented about the negotiations is "hearsay," Kaho'ohalahala said.
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Psy 412 Miami University. Last revised: Thursday, April 18, 2002 at 23:56:42. This document has been accessed 1,075 times since July 15, 1997. Comments & Questions to R. Sherman .