NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING ON
PROPOSED REVISED WATER POLLUTION CONTROL PERMIT FOR
OUTFALLS OF THE MANA PLAIN DRAINAGE DITCH SYSTEM
(HEREINAFTER MANA PLAIN)
NPDES PERMIT NOS. HI 0021940 and HI 0021945

The State of Hawaii, Department of Health (DOH), Clean Water Branch (CWB) will hold a public hearing in Kekaha, Kauai regarding the proposed revised National Pollutant Discharge Elimination System (NPDES) permit (Public Hearing Permit) for the State of Hawaii Agribusiness Development Corporation (ADC) and the County of Kauai (COK).

Date: Monday, May 12, 2025
Time: 10:00 a.m.
Location: Kekaha Agriculture Association Building
7189-D Kaumualii Highway
Kekaha, Kauai, Hawaii

Electronic copies of the Public Hearing Permit, fact sheet, and other information are also available online at https://health.hawaii.gov/cwb/clean-water-branch-home-page/public-notices-and-updates/.

The Hawaii DOH-CWB tentatively recommends to the Director of Health (Director) to issue a NPDES permit to comply with the judgments of several court cases (see Na Kia’i Kai, et al. v. State of Hawaii, et al., 2016; Na Kia’i Kai, et al. v. Nakatani, et al., 2019; Na Kia’i Kai, et al. v. County of Kauai, et al., 2023; and Na Kia’i Kai, et al. v. County of Kauai, et al., 2024). The Public Hearing Permit shall regulate and impose water pollution control requirements on the discharge of groundwater from subsurface drainage, including seepage from agricultural field operations and septic systems; agricultural return flows; agricultural drainage storm water runoff; wastewater from industrial operations; and other storm water runoff, including runoff from non-permittee land west of the Waimea site. The Public Hearing Permit covers discharge(s) from all outfalls of the Mana Plain Drainage Ditch System to their receiving State waters, including but not limited to the outfalls of Kikiaola Harbor Drain (Kikiaola Small Boat Harbor), Kawai’ele Outfall (Pacific Ocean at Waiokapua Bay), Nohili Outfall (Pacific Ocean), First Ditch (Pacific Ocean at Waiokapua Bay), Second Ditch (Pacific Ocean at Waiokapua Bay), Cox Drain (Pacific Ocean), Dry Ditch (Pacific Ocean at Waiokapua Bay), and Mill Drain (Pacific Ocean).

Kikiaola Small Boat Harbor is designated as a Class A Dry Embayment and the Pacific Ocean is designated as a Class A Dry Open Coastal Water. As specified in Hawaii Administrative Rules (HAR), Section 11-54-3(c)(2), it is the objective of Class A waters that their use for recreational purposes and aesthetic enjoyment be protected. Any other use shall be permitted as long as it is compatible with the protection and propagation of fish, shellfish, and wildlife, and with recreation in and on these waters.

A permit for such discharge would expire five (5) years from the date of issuance. The permit would be issued to State of Hawaii Agribusiness Development Corporation, 235 South Beretania Street, Room 205, Honolulu, Hawaii, 96813; and County of Kauai, 4444 Rice Street 1, Suite 275, Lihue, Hawaii, 96766. The facilities are located at: ADC’s Kekaha-Mana Plains Operations Site at 1-7189 Kaumualii Highway, Kekaha, Hawaii 96752 and the County of Kauai’s 400-Acre Parcel Waimea Site located at 9281 Kaumualii Highway, Waimea, Hawaii 96796.

On October 29, 2024, a draft NPDES permit and fact sheet for the Mana Plain was public noticed in The Garden Island newspaper, with a 30-day comment period following publication of the public notice. This public notice, 30-day comment period, and public hearing is for the proposed revised NPDES permit (i.e., Public Hearing Permit).

The NPDES permit is a regulatory mechanism to control water pollution through the issuance of permits. The purpose of issuing an NPDES permit is to implement Federal NPDES regulations and State NPDES rules to help protect human health and the environment. An NPDES permit imposes restrictions and requirements on discharges of pollutants from sites/facilities. Permittees (entities that have NPDES permit coverage) are legally obligated to comply with the requirements specified in the issued permit.

The DOH-CWB is holding a public hearing in accordance with Hawaii Revised Statutes Chapters 91 and 342D and HAR Section 11-55-13 due to significant public interest generated by the publication of a Notice of Proposed Water Pollution Control Permit for ADC and COK in The Garden Island newspaper on October 29, 2024. Additionally, the DOH is holding this public hearing in anticipation of further public interest and requests to hold a hearing concerning this Public Hearing Permit. The CWB invites written and oral testimony at the public hearing concerning the Public Hearing Permit.

Persons who wish to testify are asked to review the Public Hearing Permit and fact sheet prior to providing testimony and are required to submit a written copy of their testimony. Oral testimony may be subject to a time limit. Written statements will be accepted at the public hearing; by email at cleanwaterbranch@doh.hawaii.gov; hand-delivered to 2827 Waimano Home Road, Room 225, Pearl City, Hawaii 96782, or the DOH Kauai District Health Office at 3040 Umi Street, Lihue, Hawaii 96766 until 4:30 p.m. on Monday, May 12, 2025; or by mail at P.O. Box 3378, Honolulu, Hawaii 96801-3378, postmarked by May 12, 2025. The documents are also available for public inspection, Monday through Friday (excluding holidays) from 7:45 a.m. until 4:15 p.m., at the DOH CWB offices listed above. Copies may be bought.

All commentors shall include their name, address, and email address in their written testimony. All commentors who believe any condition of the Public Hearing Permit is inappropriate or that the CWB’s tentative recommendation to issue the Public Hearing Permit is inappropriate, must raise all reasonably ascertainable issues from the implementing Federal NPDES regulations and provide the corresponding citations from Title 40 of the Code of Federal Regulations.

For more information or if you have special needs due to disability, please contact Mr. Reef Migita, Supervisor of the CWB Engineering Section at 808-586-4309 or at the above email or physical address at least seven (7) days before the public hearing date. For those who use a TTY/TDD, please call through Sprint Relay Hawaii, at 1-711 or 1-877-447-5991. The DOH-CWB will try to provide the requested arrangements, but cannot guarantee all arrangements can be accommodated by the hearing deadline.

DARRYL LUM, P.E.
Clean Water Branch Chief
(TGI1489322 4/11/25)