Posted on: Monday, July 12, 2004

Sewage project delayed

By Johnny Brannon
Advertiser Staff Writer

Construction problems and legal disputes over a key project at the city's main sewage treatment plant may cost several million dollars and further delay work that is already two years behind schedule.

The snags are also costing the city nearly $800,000 in attorney fees and could delay the renewal of a federal permit to operate the facility, which expired last year.

The $77 million sewage disinfection project is a main component in a comprehensive upgrade to the Sand Island plant that is expected to cost nearly $400 million and minimize ocean pollution from O'ahu's wastewater. The plant treats about two-thirds of O'ahu's sewage, nearly 70 million gallons of wastewater per day.

The main contractor for the disinfection unit, Robison Construction Inc., sued the city last year for $8.5 million, claiming that the project had been poorly planned and managed. Two other companies are also named in the suit.

In court documents, Robison said design flaws caused more than a year of delays and could cost more than $20 million. But city officials said the suit was "largely without merit" and that it should not slow the project down.

The city and Robison have been negotiating a settlement since October, but have yet to agree on precise terms, court records show. Attorneys involved in the suit did not return calls or declined to comment.

In the meantime, the dispute has grown to include another contractor, Sumitomo Corp. of America, which supplied a pump system for the project. The city's attorneys have asked the City Council to authorize a lawsuit against the company.

City managing director Ben Lee said he remains hopeful that the project will not face additional delays, but that it appeared unlikely the disinfection unit would be operational by next month, as the city had earlier indicated to the EPA.

The federal agency has repeatedly cited the plant for multiple violations of its permit to discharge partially treated sewage about two miles off Sand Island.

The EPA originally required the disinfection unit to be working by July 2002, but the city later said it would be impossible to complete the project before August of this year.

Lee said the city had not established a new target date, but was working hard to ensure the project is finished as soon as possible.

Since Robison filed the lawsuit, the administration has come to the City Council six times with requests for money to pay outside attorneys. The council has authorized a total of $775,000 so far.

Council chairman Donovan Dela Cruz declined to comment on the legal entanglements, but said he was very concerned about the associated costs.

"Any time there's a lawsuit involving the city and there's mounting legal bills, that's definitely a red flag," he said.

The disinfection unit is being installed to kill pathogens by blasting sewage with ultraviolet light. The city is also seeking renewal of a special EPA waiver that allows the plant to discharge sewage that has been filtered and treated to a lesser extent than is normally required. Fewer than 50 of the nation's 16,000 wastewater plants operate under such a waiver.

The plant's discharge permit and waiver expired in November, but it can continue to operate while the city's applications are pending.

The city has long contended that more thorough sewage treatment is not needed because the effluent from the plant is discharged in deep ocean water. Most U.S. sewage plants discharge treated wastewater into shallower coastal waters or rivers, or recycle it for irrigation.

Reach Johnny Brannon at jbrannon@honoluluadvertiser.com or 525-8070.