Monday, September 9, 2019

McKELVEY PRAISES MAUI COUNCIL COMMITTEE VOTE TO SETTLE SUPREME COURT APPEAL


Lawmaker hopeful that the full council will also settle Lahaina Wastewater Facility issue
Honolulu, Hawaiʻi –Representative Angus L.K. McKelvey applauded the decision by the Maui County Council's Governance, Ethics, and Transparency Committee to settle the injection well case rather than pursuing it to the United States Supreme Court.

"I humbly thank the members of the committee for recommending that the County withdraw its lawsuit from before the Supreme Court. While I am pleased with today's outcome, it is important to note that further action will still be required to consecrate this decision," said McKelvey (West Maui, Mā‘alaea, North Kīhei). "I am hopeful the supporting members will continue to be steadfast in the same course of action by the Council as whole. I humbly ask those who are not in support of today's recommendation to reexamine the issues again in light of the new letter from the Department of Health to the County."
The county had argued that because pollutants did not flow directly into the ocean but rather flowed indirectly through injection wells, no permits under the Clean Water Act are required.
"In a letter just recently sent to the County, the Department of Health has reaffirmed that they would not require a National Pollutant Discharge Elimination System (NPDES) permit of individual cesspool or septic tank owners, which is reflective of my testimony before the Council," McKelvey said.
"This is a strong step forward for the restoration and protection of our marine environment and I hope the public, along with the supporting members of the Council will remain vigilant going forward."
The resolution, which would give the Maui County Council a say over a settlement of the case, now moves to the full council for a vote. 

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