Navy Argues It Is Legally Unable To Pay $8.7 Million Wastewater Violation Fine In Hawaii
Those hoping to see repercussions for the Navy’s ongoing contamination issues may be frustrated as the military branch has now argued it is legally unable to pay a multi-million dollar fine for recent problems at one of its Hawaiian wastewater treatment systems.
“The Navy is contesting an $8.7 million fine for Clean Water Act violations and alleged deficiencies at its Pearl Harbor–Hickam wastewater treatment system, arguing the penalty levied by the state Department of Health (DOH) is legally prohibited because the state is barred from seeking punitive damage,” Stars And Stripes reported. “DOH fined the Navy in September for 766 counts of discharging undertreated sewage into the ocean between January 2020 and July 2022, in addition to 229 counts of operational and maintenance failures at its Joint Base Pearl Harbor-Hickam wastewater treatment plant.”
This is just the latest in several ongoing drinking water and wastewater treatment issues surrounding the Navy. Officials were recently reprimanded for their role in allowing fuel from a Hawaiin bunker to enter and contaminate local drinking water supplies, and consumers are currently suing the government as a result. And recent revelations suggest sailors are routinely subjected to jet-fuel-contaminated drinking water aboard Navy vessels as well.
It’s impossible to say whether the Navy’s deflection of this recent fine was made with these mounting problems in mind, but it’s clear that pressure is building around this military branch to reconcile its environmental issues.
“The Navy has faced a barrage of criticism for its environmental record in Hawaii since fuel from its Red Hill facility contaminated its drinking water system in 2021,” according to Stars And Stripes. “The recent fines for clean-water violations compounded that scrutiny.”
In pushing back on the fine, the Navy referenced a 1992 Supreme Court ruling that suggests the federal government could be immune to punitive penalty claims from states. But whether or not this fine is found to be applicable, it’s clear that this military branch has a lot of work to do to improve its drinking water and wastewater treatment practices, underscored by a recent inspection of its Pearl Harbor–Hickam system.
“During a July inspection, officials found there were ‘repeated discharges of untreated or partially treated sewage to state waters’ due to a ‘myriad of deficiencies’ in operations and maintenance,” per Honolulu Civil Beat. “The health department said it is ordering corrective actions including repairs to the facility’s ultraviolet disinfection system. The Navy will also have to conduct a structural integrity assessment of certain equipment and a root cause analysis for recent pump failures.”
To read more about fines levied to those who aren’t meeting wastewater treatment standards, visit Water Online’s Wastewater Regulations And Legislation Solutions Center.