Kaua‘i County Council Committee Meeting: Wastewater, Spouting Horn Concessions, Coast Guard Proclamation (August 6, 2025)

On Wednesday, August 6, 2025, the Kaua‘i County Council held a committee meeting that included a Coast Guard proclamation, a briefing on Spouting Horn concessions, and a detailed discussion on the Wailua Wastewater Treatment Plant's NPDES permit renewal. The meeting featured presentations from county staff, testimony from Surfrider Foundation experts, and extensive public comment.

Coast Guard Proclamation

• Councilmember Felicia Cowden read a certificate recognizing the U.S. Coast Guard's 235th birthday (August 4, 2025). She highlighted the Coast Guard's history since 1790, noting their presence in Hawai‘i since 1849 and Station Kaua‘i's establishment in 2004 with 22 personnel and two 45-foot response boats. Since October 2021, Station Kaua‘i has launched numerous rescues, including 70 distressed swimmers, two downed aircraft, and 53 disabled/capsized/overdue vessels.
• BMC Kevin Chapman, Officer in Charge, and BM1 Chad Kiffin, executive petty officer, accepted the proclamation and thanked the Council for their support, emphasizing strong partnerships with local fire, lifeguard, and police departments.

Public Comments & Testimony

• Lonnie Sykes spoke in support of the Coast Guard proclamation, recounting personal experiences where the Coast Guard efficiently responded to pollution and rescued him from a sinking vessel.
• Lonnie Sykes also testified on Spouting Horn concessions, urging the Council to ensure a mix of vendor products to avoid all eight stalls selling identical items, which he said would lead to failure. He cautioned that the county lacks expertise in running businesses and managing property as a mall operator would.
• Dr. Carl Berg, senior scientist for Surfrider Foundation Kaua‘i chapter, testified that no scientific study of current patterns exists near the Wailua outfall. He cited a 2011–2012 test at the surf break near the outfall showing 19,863 bacteria per 100 mL, far above state standards, and expressed concern that grandchildren playing in nearby waters get sick.
• Robert Zelkowski, Surfrider Foundation executive committee member, said Surfrider has been testing Lydgate Pond monthly since November and found it clean, but noted that sampling at the surf break near Kamalani Bridge will begin August 10.
• Beter testified on the 80th anniversary of the Hiroshima bombing, urging the Council to revoke the Wailua NPDES permit. She questioned the transport of sludge to Līhu‘e and cited a Star-Advertiser article about a possible prototype from Hawai‘i County.
• Alberto Genovia and Sharon Goodwin also testified, with Goodwin calling for signage at Lydgate Park and nearby beaches to inform the public of the outfall.

Discussion Items

Spouting Horn Concessions (PRT 2025-01)

• Councilmember Cowden requested a briefing from Director of Parks & Recreation Pat Porter and Director of Finance Chelsea Sakai on the timeline, rules, and bidding process for eight vendor stalls completed in March 2021.
• Director Porter explained that the building was completed in March 2021, but the process stalled due to the COVID-19 pandemic, then the county attorney advised that administrative rules were needed. The rules were finalized May 8, 2025, after an ordinance amendment and public hearing on March 6, 2025.
• The concession process will be a closed bid, with each stall awarded to the highest bidder per month. The upset bid price is $3,500/month; previous average was $3,228.60/month (range $2,650–$4,388). Contracts are for 5 years with a possible 2-year extension. A 3-month performance bond ($10,500 at minimum bid) is required.
• Products are "encouraged" to be Kaua‘i-made or Hawai‘i-made but not required. Councilmember Cowden objected to the absence of a local-made requirement, stating Hanalei concessions require it. She requested a county attorney opinion and possibly an ordinance amendment to require Hawai‘i-made products.
• The former nonprofit booth was eliminated during the ordinance amendment. Councilmember Cowden expressed disappointment, noting it was originally intended to support community organizations.
• Councilmember Kagawa questioned the lack of food and clothing sales, saying those restrictions make it hard for vendors to succeed. He noted bottled water or local food products would be strong sellers.
• Councilmember Bulosan supported a rotating nonprofit space, possibly selling water or soda, to benefit community groups.
• Councilmember Cowden and Kagawa both emphasized the need to define tenant mix to avoid all vendors selling the same products, which would hurt competition and viability.
• The bid package is expected to be completed by end of August 2025, with the whole process taking about four months.

Wailua Wastewater Treatment Plant NPDES Permit (COW 2025-03)

• Council Chair Rapozo requested the briefing after receiving Surfrider Foundation's detailed comments, which raised concerns about enterococci bacteria, nutrients, turbidity, and monitoring frequency. The current permit expired October 24, 2024; a temporary extension runs through October 31, 2025.
• Donald Fujimoto, Chief of Wastewater Management, presented that the outfall, built in 1965, consists of a 15-inch reinforced concrete pipe extending about 570 feet offshore with six 4-inch diffusers, only three of which are open. The plant serves ~4,500 people and is permitted for 1.5 million gallons per day.
• Fujimoto showed mixing zone data from March 2025, indicating that temperature, salinity, dissolved oxygen, and pH are nearly identical at all six sampling stations, suggesting minimal impact from the discharge. He acknowledged that turbidity readings (0.6 NTU at diffuser) are slightly elevated but negligible.
• He stated that the permit renewal is strictly regulated by the State Department of Health, which meets minimum EPA requirements. The draft permit, released May 23, 2025, was posted for a 30-day public comment period (June 26–July 26, 2025). 114 comments were received, including two from Surfrider Foundation.
• Fujimoto noted plans to upgrade the plant (Phase 1: $16.5 million, bid by September 2025; Phase 2: $50 million, design by end of 2026, construction 2027). A new regional facility is projected to cost $140 million and take 10 years, with site selection and public input by end of 2025.
• Jill Witkowski Heaps, Senior Legal Director of Surfrider Foundation, presented remotely. She stated the state standard for enterococci in primary contact recreation waters is an average of 35 CFU/100 mL and a maximum of 130 CFU/100 mL, but the permit allows an average of 745 and a maximum of 7,150. She argued this violates state law because mixing zones for bacteria are not allowed. She also noted that the county has had enterococci levels over 8,000 twice in 2025, indicating raw sewage.
• Heaps said nutrient limits were removed from the permit in 2019, yet high nutrients are now seen at Lydgate Park. She claimed the mixing zone study was flawed: it used low flow rates (0.2–0.4 MGD vs. actual up to 1 MGD) and did not account for critical conditions (e.g., trade winds, heavy rain).
• She called for a public hearing (which would extend the comment period by at least 30 days) and urged the county to withdraw its request for high permit limits and instead meet water quality standards at the point of discharge.
• Councilmembers asked about the difference between the permit limit (7,150) and the state standard (130). Fujimoto explained the permit limit applies to the effluent before mixing; the standard applies to the ocean after dilution. Heaps countered that no bacteria monitoring is done in the mixing zone, and the public is not protected.
• Councilmember Cowden questioned tidal current studies; Fujimoto said currents vary but generally pull offshore. Councilmember Kagawa asked about the low monitoring frequency (4 times/year) and whether sampling occurs on non-discharge days. Fujimoto said sampling is done whenever the outfall is used, but Heaps noted data from June 30, 2025, was taken on a Monday when the facility discharges Tuesday–Thursday.
• Councilmember Bulosan asked about efforts to maximize R2 water use on the golf course. Fujimoto said they prefer to keep exercising the outfall to maintain it, even if all water could be used on land, because it serves as a backup.
• Councilmembers expressed frustration that $60–$70 million is being spent to upgrade a plant that must be relocated. Councilmember Holland noted that the city of San Diego adopted membrane technology and indirect potable reuse, and urged bold investment. Council Chair Rapozo and Councilmember Kuali‘i emphasized that funding should not be the obstacle; the Council must prioritize wastewater upgrades over other projects.
• Chair Rapozo committed to sending a letter to the Department of Health request a public hearing and to consider a formal resolution. He also noted ongoing discussions with the Department of Hawaiian Home Lands about a potential new site.

Key Outcomes

• Spouting Horn Concessions: The committee received the briefing. No formal action was taken, but Councilmembers directed staff to obtain a county attorney opinion on requiring Hawai‘i-made products and to explore reinstating a nonprofit booth.
• Wailua Wastewater NPDES Permit: The committee received the briefing. Chair Rapozo stated he will send a letter to the Department of Health requesting a public hearing on the permit renewal, and will consider a resolution at a future meeting. The committee discussed but did not vote on any motions related to the permit.
• Coast Guard Proclamation: The committee adopted the certificate of recognition.