Hawaiʻi County Wastewater Woes

Written By Sierra Club Hawaiʻi Chapter

What’s happening?

In March 2024, Hawaiʻi County and the Environmental Protection Agency took a critical step toward accountability, signing an Administrative Order on Consent to tackle decades of mismanagement at three long-neglected wastewater plants in Hilo, Papaʻikou, and Kūla‘imano. For years, these facilities have been a ticking environmental time bomb, with permit violations resulting in the release of hundreds of thousands of gallons of semi-treated or untreated wastewater into the fragile nearshore waters. This agreement signals a long-overdue effort to confront the devastating consequences of neglect and prevent further harm to Hawaiʻi’s ecosystems and communities.

An Administrative Order of Consent (AOC) is an agreement between a regulatory body, in this case the Environmental Protection Agency (EPA), and an individual or entity, in this case the County of Hawaiʻi, that outlines actions to be taken in response to environmental violations. In this case, the county had numerous Clean Water Act violations at the wastewater facilities. Instead of suing, the EPA and Hawaiʻi County signed an AOC. If the county is unable to meet the agreement, the EPA could then sue the county.

Meanwhile, a separate action by the Hui Mālama Honokōhau, represented by Earthjustice, has resulted in a settlement agreement where the county has agreed to take actions to comply with the Clean Water Act to prevent the further deterioration of the waters of Honokōhau from wastewater discharge, including through recycling of treated “R-1” wastewater.  

Why is the AOC needed?

Failing equipment, poor operations, and outdated systems at Hawaiʻi County wastewater facilities have led to hundreds of thousands of gallons of untreated and semi-treated sewage releasing into the nearshore waters, harming ecosystems relied on for subsistence and the public's health. The AOC will ensure the facilities' compliance with the Clean Water Act and prevent further damage to Hawaiʻi's nearshore waters by repairing, rehabilitating, and replacing aging infrastructure.

Comment on Proposed Renewal of Hilo Wastewater Treatment Plant NPDES Permit

The Hawaiʻi Department of Health (DOH) is accepting public comments on the proposed renewal of the Hilo Wastewater Treatment Plant (WWTP) NPDES permit, which is critical to ensuring compliance with health and safety standards. Due to past non-compliance issues at the Hilo WWTP, the EPA issued an Administrative Order on Consent (AOC), mandating updates to safeguard the health of Hilo Bay and its communities. As a stakeholder, you have until Friday, January 17 to submit testimony to cleanwaterbranch@doh.hawaii.gov urging stronger permit conditions to protect human and environmental health, including improved public notification of unsafe discharges. Below is a sample testimony that can be used as a starting point, feel free to share your own manaʻo to help protect Hilo Bay.

Sample testimony:

RE: Docket No. HI 0021377, Hilo Wastewater Treatment Plant NPDES Permit #0021377

I am a resident of ___________, and I offer these comments regarding the proposed renewal of the Hilo Wastewater Treatment Plant’s (WWTP) National Pollutant Discharge Elimination System (NPDES) permit. As evidenced by the EPA’s Administrative Order on Consent (AOC) that includes the Hilo WWTP, there have been longstanding issues with the operation of this facility, including repeated spills and lack of meaningful public notification of unsafe discharges, that demand additional permit conditions to protect human health and safeguard our ‘āina. Accordingly, I urge DOH to include additional conditions on any renewed NPDES permit, as noted below, to prevent these issues from reoccurring and better safeguard both people and the environment. 

Hilo Bay is frequently used by the local community for various activities that involve contact with the water. The proposed NPDES permit would allow discharges of “treated” wastewater from the Hilo WWTP into the Class A waters of Hilo Bay, which are regulated to protect activities such as swimming, surfing, fishing, and others involving contact with the ocean. I can confidently say that many members of the community actively and regularly use and rely on these waters for a wide range of recreational and cultural activities.  

  • [Optional: Share how you/your family/your community use these waters, specifically Hilo Bay (inside breakwater), e.g. fishing, swimming, surfing, etc.]

Unfortunately, it is clear that the Hilo WWTP is not being maintained and operated in a way that protects the environmental integrity of Hilo Bay and the many, many people that use and rely on its waters. The lack of maintenance, operational shortcomings, and other issues have resulted in a decrepit facility that has repeatedly discharged untreated or less-than-fully treated wastewater into the bay. Moreover, there is a lack of timely, clear notification, including accessible signage, about wastewater discharges from the Hilo WWTP that meaningfully reaches those who frequent these waters and who may be impacted by such releases. This exposes Hilo Bay users to potentially unsafe conditions, prevents them from making informed decisions about the health risks they may be taking, and discourages potential users from engaging in recreational activities and cultural practices due to their uncertainty regarding water quality.

  • [Optional: Share any non-confidential/non-private stories about health impacts you have experienced/observed, and/or people hesitant to engage in recreational or cultural activities due to concerns about water pollution/quality].  

Accordingly, to better ensure the health and safety of our community and environment, I urge DOH to include additional conditions in the renewed NPDES permit to require: 

  • Increased monitoring of the waters receiving wastewater from the Hilo WWTP, including waters along the shoreline and just outside the zone of mixing (ZOM) where recreational uses are highest;

  • Modern testing procedures, such as PCR water testing, that will provide timely results to minimize or prevent illness from infectious diseases; 

  • Meaningful notification of discharges and other water quality and safety issues associated with the WWTP, including through community-accessible public notice of the availability of written reports, water quality monitoring results, posting of clearly visible signage at locations used to access the shoreline, and other strategies developed in consultation with the local community; 

  • The provision of education, updates, and citizen science tools for the community to understand, monitor, and address wastewater and water quality issues;

  • Regular assessment and reporting of funding needs for WWTP operations and maintenance to relevant authorities and the public, including through publication in local news outlets; and 

  • The prioritization of emergency repairs in areas of the regional wastewater system with high saltwater intrusion risks. 

Due to the significant community interest, I also urge you to schedule an informational meeting and public hearing on this matter. In addition to the points made above, the lack of accessibility to the permit application materials and error with the comment closing date (i.e., dated January 17, 2024) on the public notice is disappointing and merits greater investment in meaningful communication between the DOH and the community most directly affected by the Hilo WWTP and this permit.

Thank you for the opportunity to provide these comments.

Recent Updates from Outgoing Director Mansour:

As new leadership takes office under Mayor Kimo Alameda, the following was reported from outgoing Department of Environmental Management Director Ramzi Mansour:

  • Entered an Administrative Order on Consent to improve the East Hawaii sewer infrastructure and avoid a consent decree 

    •  Completed the design and construction documents for the Hilo wastewater treatment plant twice within the last two years. This project came in at $335 million, the largest in the county’s history. Notice to proceed (NTP) will be issued by January 22nd, 2025.  

    • Completed a facility assessment and project priority ranking. 

    • Phase II CAS is under its final design stages and it should bid out in 2025. 

  • Committed to get an NPDES permit for Kealakehe WWTP and working toward settling the EarthJustice lawsuit with the R-1 wastewater recycling system build out by 2029.

  • Continued development of an Integrated Wastewater Management Plan for the entire island to guide the cesspool conversion process.  

  • Invested in greater education and outreach

    • Created a new website and hired an education and information specialist to run social media and educate the public on DEM issues.

See letter Director Mansour sent to Hawaiʻi County Councilmembers with a full list of updates here.

While these are important steps forward, your voice may be needed to ensure that this progress continues. Be sure to sign up for updates on how we can advocate for a clean water future for our keiki and future generations! 

Other relevant docs/updates:

News/media coverage:

Sierra Club Hawaiʻi Chapter
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