A court date set down for January 16 was delayed as the CHB council wanted further information from the regional council as to why it was being prosecuted, CHB council chief executive John Freeman said.
"We have asked them for paperwork to explain what they are basing the prosecution on and why we are being prosecuted rather than given an infringement notice," he said.
Since the charges were laid, the charge regarding the discharge of DRP at Waipukurau had been dropped in recognition of the fact the exceedance occurred as a result of a heavy rainfall event in September last year, he added.
The CHB council was also questioning why that charge could be dropped and not the other two that occurred during the same downpour.
Mr Freeman also noted that the council had only exceeded its limit one more time than it was entitled to in a rolling 12-month period.
"Taken from one month later in the rolling programme we were back to only three exceedances that were within our limit.
"We admit there has been a breach but we are still asking why that is not an infringement - we think it's unreasonable.
"There's no value in hitting us with a fine - the money would be better being spent on the two new ponds we are building [at Waipukurau]."
A budget allocation, from the Long Term Plan, of $1.5 million was brought forward last year to add two new ponds in Waipukurau to mitigate the impact of stormwater entering the system.
These ponds were under construction, due to be operating by late March, and were on track to reach this deadline, Mr Freeman said.
"They know these will solve the problem so we are asking them to please help us understand why they are still continuing with the prosecution approach."
When the regional council first laid the charges, they said it was to ensure they were being consistent, as they had only two weeks prior charged the Hastings District Council for breaching its resource consents.
Those charges were dropped during the Board of Inquiry hearings held last month aimed at ensuring the safety of the Havelock North drinking-water supply over the summer months.
A Hawke's Bay Regional Council spokesperson said the Hastings and CHB cases were based on very different circumstances.
"The prosecution against CHBDC relates to a lengthy, ongoing matter which has been in the media for some years now."
The initial proceedings of the court case have been set down on the registrar list at the Waipukurau District Court on February 13, but Mr Freeman said this could be delayed again if the information requested from the regional council had not been received.