The Honolulu Board of Water Supply (BWS) revealed on Tuesday that it has initiated a federal lawsuit against the U.S. Navy, aiming to recover $1.2 billion due to severe jet fuel leaks at the Red Hill Bulk Fuel Storage Facility, which have polluted Oahu’s primary aquifer.
A comprehensive complaint spanning almost 100 pages has been submitted to the U.S. District Court of Hawaii, where BWS accuses the Navy of negligence, creating a nuisance, and trespassing. The allegations include the release of substantial amounts of jet fuel and other pollutants, such as carcinogenic PFAS, into the EPA-designated sole-source aquifer that provides drinking water for hundreds of thousands of residents on Oahu.
“This case highlights wrongful actions by the Navy in causing and permitting the release of contaminants into Oahu’s aquifer, affecting water resources essential for public use,” the complaint asserts.
BWS has projected the costs associated with the Navy’s fuel leaks to be around $1.2 billion. This figure encompasses expenses related to the closure of the Halawa Shaft and Aiea and Halawa wells, increased water quality monitoring efforts, transitioning to alternative sources, and the planning of new groundwater infrastructure.
A lawsuit has been filed after the Navy denied BWS’s initial claim for reimbursement under the Federal Tort Claims Act in January. BWS claims that the Navy's denial forced it to take legal action to recover expenses for the benefit of ratepayers.
In November 2021, a significant incident occurred when 20,000 gallons of fuel leaked into the Navy’s water system, affecting approximately 93,000 individuals, including military families. BWS reports that recent testing has uncovered hazardous substances such as polycyclic aromatic hydrocarbons (PAHs) in its sealed wells, heightening concerns about a potential contaminant plume expanding.
The Navy has taken responsibility for the fuel release. However, it has not agreed to cover BWS’s expenses. A spokesperson for the Navy declined to comment on the ongoing legal matter.
BWS reports that the costs for restoration, remediation, and mitigation efforts may surpass $1.4 billion, contingent upon the need for new water sources to substitute those that have been closed due to contamination permanently.
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