EPA Protects Hawaii Water by Ordering Closure of Two Cesspools in Haleiwa and Kapa‘au

August 2, 2023

HONOLULU – Today, the U.S. Environmental Protection Agency (EPA) announced a settlement with Hawai‘i Conference Foundation (HCF) to close two illegal large capacity cesspools – potential sources of harmful water contamination – on the Island of Oahu and on the Island of Hawai‘i.

As part of the proposed settlement, HCF has agreed to close the two cesspools, pay a penalty, convert two single-family home cesspools to state-approved wastewater systems, and conduct a large capacity cesspool audit of all its properties within the State of Hawai‘i.

“EPA will continue enforcement work to close all illegal large capacity cesspools in Hawai‘i,” said Amy Miller, EPA Pacific Southwest Regional Director of Enforcement and Compliance Assurance “Every cesspool closed represents cleaner groundwater, surface water and beaches for Hawai‘i.”

In July 2021, EPA inspected the North Kohala Golf Park in Kapa‘au on the Island of Hawai‘i, which is owed by HCF. During the inspection, EPA observed a building that served both as an office and equipment storage and which was serviced by two publicly accessible restrooms. The restrooms were connected to a cesspool that meets the definition of an illegal large capacity cesspool. Follow-up inquiries with HCF led to identification of a second unlawful cesspool at the Liliuokalani Protestant Church in Haleiwa, Oahu.

EPA is authorized to issue compliance orders and/or assess penalties to violators of the Safe Drinking Water Act’s underground injection control regulations, which control large capacity cesspools.

Under the proposed terms, HCF has agreed to close and convert both illegal cesspools to individual wastewater systems (i.e. septic tank) by June 2025 and pay a $50,633 penalty. HCF will also conduct a large capacity cesspool audit of all other HCF-owned or -operated properties within the State of Hawai’i. As part of the LCC audit, will identify any unlawful cesspools located on its properties and close them within an agreed-upon timeframe.

Finally, as part of the settlement, HCF agreed to perform a supplemental environmental project to close and convert two single-family residential cesspools on the Island of Hawai’i to state-approved individual wastewater systems.

For more information on this settlement agreement or to comment on the settlement agreement, click here. The comment period will be open for 30 days from the date of this notice.

Background on Large Capacity Cesspools

Cesspools collect and release untreated raw sewage into the ground, where disease-causing pathogens and harmful chemicals can contaminate groundwater, streams, and the ocean.

Since the 2005 federal ban, more than 3,750 large capacity cesspools in Hawai’i have been closed; however, hundreds remain in operation. Cesspools are used more widely in Hawai’i than any other state and pose a unique challenge as groundwater provides 95 percent of all water supply for the islands.

Learn more about cesspools in Hawai‘i and the federal ban and definition of a large capacity cesspool.

Supplemental Environmental Projects

A supplemental environmental project is an environmentally beneficial project or activity that is not required by law, but that a party agrees to undertake as part of the settlement of an enforcement action. Such projects or activities go beyond what could legally be required of the defendant, and secure environmental and/or public health benefits in addition to those achieved by compliance with the law.

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