Closing arguments were heard over the de-fueling of the tanks at Red Hill.
That is just one of the requirements of an emergency order issued by the Department of Health.
As attorneys argued over what should be done with the massive Red Hill fuel system, thousands of Oahu residents found out when their water will be decontaminated and pipes in their homes flushed. For many affected communities that won't happen until the end of the month.
The huge carbon filters are now cleaning out water systems in four different areas on Oahu. After that is done, water will be tested and if it passes -- pipes in individual homes will be flushed.
The individual flushing won't start until December 27th at the earliest, according to the Navy. In the meantime, residents in affected communities need to be careful washing clothes.
"You can expect fluctuations of pressure and discoloration of water, so it picks up mineral deposits. If you are washing white clothing, it can stain. While we are flushing the system hold off on washing white clothes but otherwise the water is safe for other use," said Capt. Miguel Dieguez, with the Navy Public Works.
As personnel ramp up filtering of contaminated water, attorneys for the Navy made their closing arguments. They said a Department of Health emergency order to de-fuel the Red Hill tanks is not needed because the military already suspended operations there. It is also cleaning up the contaminated water.
"The Navy will develop a work plan to do necessary repairs, we have it right, the Department of Health has it wrong," said attorney Craig Jensen.
But opposing attorneys argued this latest release of fuel is just one of two this year. It is also an indication the Navy cannot stop fuel spills from happening of affecting our water supply.
"We heard from Capt. Meyer. I asked him, 'why didn't you stop the May 6th release of 1,600 or 19,000 gallons and he said we couldn't do that'. And why didn't they stop the 14,000 gallons from poisoning their own water system? Because they can't," stated David Henkin, the attorney representing the Sierra Club.
Many are concerned about the millions of gallons in the aging Red Hill fuel tanks, which sit above the aquifer for Oahu.
Several attorneys argued the risk of future leaks warrants the order to defuel but the Navy disagreed, saying the imminent danger has passed.
"The Navy is not saying the leak was not important, it was. We are sorry for the impact of that contamination. What we are saying is the Navy is working to mitigate impacts, and keep further impacts from happening. But right now, no one is in actual harm and there is no justification for this order," stated Jensen.
"This test run has demonstrated the Navy can't do without harming the people, without harming the environment. We have to ask you the Dept. of Health to take action today and make sure this imminent risk doesn't turn into a catastrophe beyond proportion," countered Ella Foley Gannon, the attorney representing the Board of Water Supply.
"It is really not a question of IF the Department of Health can exercise its emergency power in this case, but how can it not? " asked Deputy Attorney General Wade Hargrove.
Attorneys for both sides now have until Thursday to submit their briefs to the hearings officer. He plans to issue a ruling on the emergency order, early next week.
