I strongly urge you to remove the Ma'alaea condos properties from any H3 or H4 rezoning ordinance(s).
The condos in Ma'alaea have been exempted from any meaningful monitoring by the DOH UIC program since 1997 - 2007 depending on the facility, according to multiple past UIPA requests. The areas is known to be a hot spot for skin infections, which are often a nuisance that will eventually clear up for most people.
For some, like me, exposure to discharges from these non-compliant systems can make a person sick or worse. My particular mutations cause a triple-whammie of immune impairment, autoimmune dysfunction and skin barrier impairment.
I have been working at various levels to realize a solution to the wastewater problems there intermittently since 2010. In 2011 I had a meeting with some Spencer family folks about a potential solution and decided to go boarding at Haycraft Park. I had no idea at the time that I had three genetic factors that might make that choice more risky. Many others who may swim there also do not know their immune status or hidden impairments.
Unfortunately, after a long day in the waves, and BTW the water did not look healthy or clear, I became very sick. A few weeks after that, my right leg started to swell, and has stayed in a state of lymphedema ever since. Turns out, on top of other complicating factors, the same genes that impair skin barrier integrity can also be known to impair vascular function. For me, this "perfect storm" has proven to be catastrophically harmful, with illness following directly after my exposure almost 15 years ago.
What's worse, is that the MVA has not performed due diligence in developing a solution. After almost a year of my work to develop an EPA grant application, which was awarded, our EPA program coordinator arranged an important meeting, somehow managing to align the schedules of most if not all major DOH wastewater branch chiefs back in 2025. I wish I could say anyone (other than me) from MVA showed up. I wish I could say that was an accident, and that they would have been there if they could have. To the contrary, the other two members of the working group RSVP-ed in the negative, and the meeting was actually quite important.
Further, there is major noncompliance in other major players in the area, with the Ma'alaea Harbor building a new WWTP in 2012, DOH sending letters in 2015 and 2023 saying hey we heard you built a new plant!?! You know you need permits for that, right? [paraphrasing].
In all cases, maximum fines for NPDES permit requirement noncompliance alone are something like $25,000 per injection well, and the Harbor systems had no permits of any kind. What's worse, operators of the Harbor facility were also importing "seed" sludge from a municipal facility to the Harbor WWTP, ostensibly to meet expectations for TSS and BOD, but because they transitioned their discharges from injection wells to leach fields in 2012, UIC monitoring requirements were also lifted due to a loophole in state law.
Aside from discussion on STRs, zoning, or entitlements to residents for their condos, I really want everyone who may read this to hear me:
What worries me is unrelated to all that. What worries me is this. Rezoning Ma'alaea condo properties has a parallel meaning. The ill advised action would imply that there is an "all clear" signal in the area to tourists who may consider visiting. That is not okay to me, as I myself became gravely ill immediately following exposure there, and I had no idea that I was actually very, very vulnerable - much more than a "non-mutant" human - and I am terrified that tourists will interpret this rezoning action as just that type of "all clear" kind of signal.
Until those units and systems are in compliance with all permit requirements, there is no basis for rezoning them, but more importantly, it's sending out a false signal to potential tourism consumers that it's perfectly safe to swim in the waters. That may be true for most who have healthy immune function, but for people like me, it's just not. There is no rationale for reinforcing bad behavior, like failing on due diligence to meet permit requirements, just to enable a few hundred or thousand dollars per day "profit."
I am proposing legislation called the NANI Act that would allow residents to take civil action on ecosystem-level damage, as Ma'alaea reefs are described as total system collapse by DLNR, but that did not stop the same agency from moving their offices into the Ma'alaea Harbor to make "personal contributions" to the "renegade" systems. You can find the NANI Act here, click on the East Maui waterfall image to learn more:
www.LivingMaui.org/legislation
It's all so absurd, when one thinks of the ostensibly "ecotourism" operations sending a similar "all clear" signal of advocacy, while operating out of a Harbor that has had no permits of any kind for many years. And again, its not just paperwork, and coral ecosystems in the receiving water body are *not* okay.
Please consider an amendment to remove all Ma'alaea condos from the rezoning proposal, so that the problem can be fixed before sending out a virtual all-clear signal to potential visitors.
I do not anticipate that you will follow my common-sense rationale for removing the Ma'alaea properties from today's legislation under consideration, so I am in parallel creating a documentation history that makes sure you all have been formally noticed that rezoning units in areas where the ocean outside the same units can not be defensibly described as "safe" for everyone.
Mahalo to all the Members and, everyone, keep those nervous systems regulated and remember, one "healthy" response to absurdity in government action is to find humor in it, try not to spin out, and VOTE!!! Logic and due diligence are just not being applied at the system level, but there are experts like me out there who understand this mess, and have developed solutions to fix it.
Aloha,
Travis A. Liggett, MS
FlushAware.com
Instagram.com/LivingMauiNui
Dear Members of the Maui County Housing and Land Use Committee,
I hope this letter finds you well. I am writing to express my support for the inclusion of Spinnaker in the proposed H-3/H-4 Hotel zoning designation as you deliberate which former Minatoya List properties should automatically receive this important classification.
My wife and I purchased our unit at Spinnaker with the clear understanding that we would be able to utilize it as a vacation rental. This understanding was a pivotal factor in our decision to buy, and we paid a premium price based on the expectation that transient vacation rentals were not only permissible but also encouraged within our community. The ability to engage in short-term rentals has been integral to our investment, both financially and personally as it has allowed us to share our love for this beautiful area with others.
Spinnaker has a long and distinguished history as a Minatoya List property, recognized for its legally permitted transient vacation rental use. This classification is essential not just to the property’s identity, but also to the financial viability and expectations of those who invested in it.
Moreover, Spinnaker’s operational model featuring an on-site manager, 24/7 property presence, and an office on the premises, distinguishes our property from typical residential condominiums. This active management fosters a unique environment that enhances the experience for both owners and visitors, supporting a healthy local economy through tourism.
In light of the recent devastating Lahaina wildfires, the estimated cost to rebuild each unit at Spinnaker is approximately $180,000 and this may increase further. These figures do not include additional costs such as mortgages, maintenance fees, insurance, and other ownership expenses, which could render units financially unattainable for local buyers. The ability to continue utilizing our properties as transient vacation rentals is crucial in offsetting these costs and maintaining the economic feasibility of ownership.
As we plan for the future of Spinnaker, it is vital that the foundation upon which we built our investment is preserved. Allowing short-term rentals to remain a lawful use would align with our longstanding practices and honor the commitment that owners like us placed in these properties.
I urge you to advocate for Spinnaker’s inclusion in the H-3/H-4 Hotel zoning designation. Our community's voice is stronger when we share our experiences, and I hope my testimony contributes to a favorable outcome for all owners at Spinnaker.
Thank you for considering this important matter. I look forward to seeing the positive developments that will support the future of Spinnaker and its owners.
Sincerely,
Aloha Chair and Committee Members,
I strongly urge you to remove the Ma'alaea condos properties from any H3 or H4 rezoning ordinance(s).
The condos in Ma'alaea have been exempted from any meaningful monitoring by the DOH UIC program since 1997 - 2007 depending on the facility, according to multiple past UIPA requests. The areas is known to be a hot spot for skin infections, which are often a nuisance that will eventually clear up for most people.
For some, like me, exposure to discharges from these non-compliant systems can make a person sick or worse. My particular mutations cause a triple-whammie of immune impairment, autoimmune dysfunction and skin barrier impairment.
I have been working at various levels to realize a solution to the wastewater problems there intermittently since 2010. In 2011 I had a meeting with some Spencer family folks about a potential solution and decided to go boarding at Haycraft Park. I had no idea at the time that I had three genetic factors that might make that choice more risky. Many others who may swim there also do not know their immune status or hidden impairments.
Unfortunately, after a long day in the waves, and BTW the water did not look healthy or clear, I became very sick. A few weeks after that, my right leg started to swell, and has stayed in a state of lymphedema ever since. Turns out, on top of other complicating factors, the same genes that impair skin barrier integrity can also be known to impair vascular function. For me, this "perfect storm" has proven to be catastrophically harmful, with illness following directly after my exposure almost 15 years ago.
What's worse, is that the MVA has not performed due diligence in developing a solution. After almost a year of my work to develop an EPA grant application, which was awarded, our EPA program coordinator arranged an important meeting, somehow managing to align the schedules of most if not all major DOH wastewater branch chiefs back in 2025. I wish I could say anyone (other than me) from MVA showed up. I wish I could say that was an accident, and that they would have been there if they could have. To the contrary, the other two members of the working group RSVP-ed in the negative, and the meeting was actually quite important.
Further, there is major noncompliance in other major players in the area, with the Ma'alaea Harbor building a new WWTP in 2012, DOH sending letters in 2015 and 2023 saying hey we heard you built a new plant!?! You know you need permits for that, right? [paraphrasing].
In all cases, maximum fines for NPDES permit requirement noncompliance alone are something like $25,000 per injection well, and the Harbor systems had no permits of any kind. What's worse, operators of the Harbor facility were also importing "seed" sludge from a municipal facility to the Harbor WWTP, ostensibly to meet expectations for TSS and BOD, but because they transitioned their discharges from injection wells to leach fields in 2012, UIC monitoring requirements were also lifted due to a loophole in state law.
Aside from discussion on STRs, zoning, or entitlements to residents for their condos, I really want everyone who may read this to hear me:
What worries me is unrelated to all that. What worries me is this. Rezoning Ma'alaea condo properties has a parallel meaning. The ill advised action would imply that there is an "all clear" signal in the area to tourists who may consider visiting. That is not okay to me, as I myself became gravely ill immediately following exposure there, and I had no idea that I was actually very, very vulnerable - much more than a "non-mutant" human - and I am terrified that tourists will interpret this rezoning action as just that type of "all clear" kind of signal.
Until those units and systems are in compliance with all permit requirements, there is no basis for rezoning them, but more importantly, it's sending out a false signal to potential tourism consumers that it's perfectly safe to swim in the waters. That may be true for most who have healthy immune function, but for people like me, it's just not. There is no rationale for reinforcing bad behavior, like failing on due diligence to meet permit requirements, just to enable a few hundred or thousand dollars per day "profit."
I am proposing legislation called the NANI Act that would allow residents to take civil action on ecosystem-level damage, as Ma'alaea reefs are described as total system collapse by DLNR, but that did not stop the same agency from moving their offices into the Ma'alaea Harbor to make "personal contributions" to the "renegade" systems. You can find the NANI Act here, click on the East Maui waterfall image to learn more:
www.LivingMaui.org/legislation
It's all so absurd, when one thinks of the ostensibly "ecotourism" operations sending a similar "all clear" signal of advocacy, while operating out of a Harbor that has had no permits of any kind for many years. And again, its not just paperwork, and coral ecosystems in the receiving water body are *not* okay.
Please consider an amendment to remove all Ma'alaea condos from the rezoning proposal, so that the problem can be fixed before sending out a virtual all-clear signal to potential visitors.
I do not anticipate that you will follow my common-sense rationale for removing the Ma'alaea properties from today's legislation under consideration, so I am in parallel creating a documentation history that makes sure you all have been formally noticed that rezoning units in areas where the ocean outside the same units can not be defensibly described as "safe" for everyone.
Mahalo to all the Members and, everyone, keep those nervous systems regulated and remember, one "healthy" response to absurdity in government action is to find humor in it, try not to spin out, and VOTE!!! Logic and due diligence are just not being applied at the system level, but there are experts like me out there who understand this mess, and have developed solutions to fix it.
Aloha,
Travis A. Liggett, MS
FlushAware.com
Instagram.com/LivingMauiNui
Dear Members of the Maui County Housing and Land Use Committee,
I hope this letter finds you well. I am writing to express my support for the inclusion of Spinnaker in the proposed H-3/H-4 Hotel zoning designation as you deliberate which former Minatoya List properties should automatically receive this important classification.
My wife and I purchased our unit at Spinnaker with the clear understanding that we would be able to utilize it as a vacation rental. This understanding was a pivotal factor in our decision to buy, and we paid a premium price based on the expectation that transient vacation rentals were not only permissible but also encouraged within our community. The ability to engage in short-term rentals has been integral to our investment, both financially and personally as it has allowed us to share our love for this beautiful area with others.
Spinnaker has a long and distinguished history as a Minatoya List property, recognized for its legally permitted transient vacation rental use. This classification is essential not just to the property’s identity, but also to the financial viability and expectations of those who invested in it.
Moreover, Spinnaker’s operational model featuring an on-site manager, 24/7 property presence, and an office on the premises, distinguishes our property from typical residential condominiums. This active management fosters a unique environment that enhances the experience for both owners and visitors, supporting a healthy local economy through tourism.
In light of the recent devastating Lahaina wildfires, the estimated cost to rebuild each unit at Spinnaker is approximately $180,000 and this may increase further. These figures do not include additional costs such as mortgages, maintenance fees, insurance, and other ownership expenses, which could render units financially unattainable for local buyers. The ability to continue utilizing our properties as transient vacation rentals is crucial in offsetting these costs and maintaining the economic feasibility of ownership.
As we plan for the future of Spinnaker, it is vital that the foundation upon which we built our investment is preserved. Allowing short-term rentals to remain a lawful use would align with our longstanding practices and honor the commitment that owners like us placed in these properties.
I urge you to advocate for Spinnaker’s inclusion in the H-3/H-4 Hotel zoning designation. Our community's voice is stronger when we share our experiences, and I hope my testimony contributes to a favorable outcome for all owners at Spinnaker.
Thank you for considering this important matter. I look forward to seeing the positive developments that will support the future of Spinnaker and its owners.
Sincerely,
Scott Williams
480-818-1428
Unit Number A103