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The Honolulu Advertiser
Updated at 7:01 p.m., Tuesday, August 19, 2008

Judge says city liable for 297 violations of Clean Water Act

By Peter Boylan
Advertiser Staff Writer

A federal judge has found the city liable for 297 violations of the federal Clean Water Act for discharging millions of gallons of sewage into streets, streams, homes, and waterways over a nine-year period.

U.S. District Judge David A. Ezra's order granting summary judgment covers spills at the Sand Island Waste Water Treatment Plant, the Honouliuli Wastewater Treatment Plant as well as the city's islandwide collection system.

The suit was filed against the city in 2004 by the Sierra Club, Hawai'i's Thousand Friends and Our Children's Earth Foundation.

The judge's order was filed Monday. The case will now move to a penalty phase.

The city said it is preparing a statement in response to the judge's order.

"It's something we have been working on for a while," said Jeff Mikulina, executive director of Sierra Club Hawaii. "It's frustrating the city has been fighting this lawsuit against the citizens and now Judge Ezra had made it clear that the city is culpable for these violations. We hope to inspire more action to get the system to 21st century standards."

"There has been a history of neglect by the city. It pre-dates this mayor and the previous mayor. There is a long history of neglect," Mikulina said.

The federal Clean Water Act authorizes injunctive relief and fines of up to $32,500 per violation. While the court could impose multimillion-dollar fines against the city (the money would go to the U.S. Treasury), the environmental groups have told the Court that the money would be better spent fixing the problem and funding local environmental restoration projects.

Reach Peter Boylan at pboylan@honoluluadvertiser.com.