Finalize Lahaina NPDES Permit

In a major victory for ocean advocates, the U.S. Supreme Court ruled in 2020 that the Clean Water Act can regulate discharges to the nation’s waters via groundwater. That is why the Hawai‘i Department of Health (DOH) is now proposing a Clean Water Act permit, known as a National Pollutant Discharge Elimination System (NPDES) permit, to monitor and limit pollution from Maui County’s Lahaina Wastewater Reclamation Facility.

The Lahaina Wastewater Reclamation Facility uses injection wells and groundwater to dispose of millions of gallons of treated wastewater daily. The wastewater emerges through submarine springs just offshore of Kahekili Beach Park, a popular recreational area. This permit will be the first of its kind in Hawai‘i to regulate ocean pollution through underground injection wells, which are used throughout the islands for wastewater disposal. 

The devastating August 8 fires, however, came just days before the close of the public comment period. The Department of Health (which will issue the NPDES permit) rightfully extended the public comment period. However, they also paused processing the NPDES permit application. 

We are now at a critical juncture where Surfrider Foundation and partner groups are requesting that the Department of Health reopen the public comment period and restart the processing of the NPDES Permit, while also scheduling a public hearing for the proposed permit. 

Specifically, the goals of this campaign are to:

• Have DOH reopen the public comment period and (i.e. restart processing the Lahaina NPDES permit)

• Have DOH schedule a public hearing on the proposed permit

• Ensure that the draft NPDES permit  is revised to require reductions in current pollution levels and adhere to state water quality criteria, including for total nitrogen, nitrate + nitrite nitrogen, and total phosphorus.

• Ensure that draft NPDES permit is revised so as to increase requirements for treatment and beneficial reuse