Hawaiʻi County Agrees to Improve Wastewater Management and Protect Honokōhau Harbor from Water Pollution

The settlement resolves a Clean Water Act lawsuit filed in 2023 by Earthjustice on behalf of community group Hui Mālama Honokōhau

News Release from EarthJustice, April 7, 2025

Honolulu, HI — Last week, community group Hui Mālama Honokōhau settled a Clean Water Act lawsuit against Hawaiʻi County. Represented by Earthjustice, the Hui has secured the county’s commitment to address treated sewage discharged from the Kealakehe Wastewater Treatment Plant (WWTP) that flows into Honokōhau Harbor on the Kona (west) side of Hawai‘i Island. The county has agreed to upgrade the WWTP so that its wastewater meets the Hawai‘i Department of Health’s standards for “R-1 Recycled Water,” the highest level of treatment. The county will also study options for projects that will allow the county to reuse treated wastewater, rather than dump it into a disposal pit where the polluted wastewater then flows with groundwater into the harbor. Potential reuse projects include the use of recycled water to irrigate the Old Airport Park, to convert green waste into soil, and to establish and maintain the Kealakehe Regional Park.

The Hui, which will be notified of the projects’ progress, is a group of Native Hawaiian cultural practitioners, fishers, paddlers, recreational ocean users, and concerned community members who use Honokōhau Harbor and nearby ocean waters.

“We are thrilled that the county is finally taking responsibility to clean up its discharges and stop contaminating our water and nearshore reef ecosystems so it’s safe for our families to fish, gather, and play along our shoreline,” said Mike Nakachi, president of Hui Mālama Honokōhau, “We are also grateful that the county is finally moving forward with reusing its treated wastewater, which is a valuable resource when used for irrigation, but highly destructive when dumped in our ocean. This settlement is a win-win for the county, for our community, and for ‘āina.”

“The county is taking the appropriate steps to come into compliance with the Clean Water Act by tackling wastewater pollution from Kealakehe. This will help to ensure that the Honokōhau marine ecosystem will be healthy enough to support people and wildlife for generations to come,” said Elena Bryant, associate attorney at Earthjustice representing the Hui.

Background

This agreement follows a partial settlement reached last year in which the county acknowledged that it needs a Clean Water Act permit for the Kealakehe WWTP’s wastewater discharges and committed to apply for the required National Pollutant Discharge Elimination System (NPDES) permit. Complying with the Clean Water Act will require upgrades to the facility’s wastewater treatment processes to reduce the contaminants entering the harbor, as well as creative solutions such as reusing the treated wastewater for irrigation, firefighting, and other beneficial uses. Today’s settlement will help move the county in the direction of compliance.

The County of Hawai‘i currently discharges about 1.7 million gallons of treated sewage every day from the Kealakehe WWTP into a natural disposal pit located in a permeable lava field upslope from Honokōhau Harbor. Multiple, peer-reviewed scientific studies confirm that this treated sewage enters the groundwater beneath the disposal pit and flows with the groundwater into the harbor and adjacent marine waters.

The treated sewage entering the ocean harms both the marine environment and the families who rely on it for subsistence and recreation. The nutrient-laden groundwater entering Honokōhau Bay contributes to algal blooms that inflict chronic stress on the bay’s coral reef ecosystems, making them more vulnerable to storms and other acute disturbances.

The Hui and the county are asking the federal district court in Honolulu to enter the settlement as a court order. Under the Clean Water Act, before the court can act on the request, the U.S. Environmental Protection Agency and Department of Justice have 45 days to review and provide comment on the settlement.

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PDF: Settlement Agreement

BIN: Hawai‘i County reaches agreement with nonprofit to address treated sewage entering Big Island waters : Big Island Now