Maui County Won’t Appeal Decision on Operation of Lahaina Wastewater Facility

The County of Maui today announced it has come to a resolution on the Hawaiʻi Wildlife lawsuit involving operation of the Lahaina Wastewater Reclamation Facility. County officials say they will not appeal Judge Susan Oki Mollway’s decision.

“Maui County’s goal has always been to seek clarity in the law,” said Corporation Counsel Moana M. Lutey.

In April 2020, the United States Supreme Court established a seven-part test then sent the case back to Judge Mollway to apply that test.

When the case was returned to Judge Mollway, she determined that the County needs a Clean Water Act NPDES permit.

“We now have clarity in the law from the US Supreme Court, and will continue to work with the State of Hawaiʻi Department of Health to apply the high court’s instructions going forward,” Lutey said.

County officials say the focus continues to be “maximizing beneficial reuse of recycled water, reducing or eliminating use of injection wells.”

In Lahaina, the Department of Environmental Management is reportedly rehabilitating upper-elevation reservoirs so that the water can be pumped and stored there for use on the slopes. County officials say this can provide water for irrigation as well as establish greenbelts for fire protection.