EPA Requires Closures of 19 Illegal Cesspools in Hawai‘i in 2017

The U.S. Environmental Protection Agency’s enforcement actions this year in Hawai‘i resulted in closures of 19 large capacity cesspools (LCC) and over $500,000 in fines, seven of the cesspools were on the County of Hawai‘i.

EPA regulations under the Safe Drinking Water Act required closure of all existing LCCs by April 5, 2005. The ban does not apply to individual cesspools connected to single-family homes.
“We will continue working to close all remaining large cesspools,” said EPA’s Acting Regional Administrator for the Pacific Southwest Alexis Strauss. “This enforcement effort will help protect Hawai‘i’s drinking water and coastal water resources.”

Cesspools collect and discharge untreated raw sewage into the ground, where disease-causing pathogens and harmful chemicals can contaminate groundwater, streams and the ocean. Groundwater provides 99% of all domestic water in Hawai‘i, where cesspools are used more widely than in any other state. Since EPA banned LCCs in 2005, over 3,400 large-capacity cesspools have been closed state-wide, many through voluntary compliance.

EPA actions to close prohibited LCCs this past year include:

  • The County of Hawai‘i agreed to close seven large capacity cesspools that serve the Pahala and Na‘alehu communities. The agreement requires the closure of two LCCs serving the Pahala community, three LCCs serving the Na‘alehu community, and two LCCs serving the Pahala Elderly Apartments. Combined, the seven cesspools serve about 280 households. The County will replace the cesspools with wastewater treatment systems approved by the Hawai‘i Department of Health.
  • Aloha Petroleum, Ltd. paid a penalty of $57,500 for operation of an LCC at its Aloha Island Mart convenience store and gas station in Captain Cook on the Big Island. EPA found that Aloha Island Mart had operated the illegal LCC until 2014. Aloha Petroleum has since closed the non-compliant cesspool and replaced it with an approved wastewater system.
  • U‘ilani Associates owns and operates the U‘ilani Plaza, a multi-unit commercial building in Kamuela. The company paid a $6,000 fine and replaced the cesspool with a Hawai‘i Department of Health approved wastewater system.
  • Maui Varieties Investments, Inc., which owns two Big Island hardware stores and a commercial property, is closing four LCCs at its properties in Na‘alehu, Kamuela and Hilo and paid a $134,000 penalty.
  • Matheson Tri-Gas facility, a commercial gas supply company in Campbell Industrial Park, Kapolei, O‘ahu closed two LCCs and converted to a septic system. The company agreed to pay a civil penalty of $88,374 and to spend an estimated $50,000 on a supplemental environmental project to close an on-site small-capacity cesspool. Matheson completed its work and converted to a septic system at the end of 2017.
  • Fileminders of Hawai‘i, LLC, which operated a prohibited cesspool in Kapolei, and Hawai‘i MMGD, the company’s owner, were assessed a civil penalty of $122,000. In June, the cesspool was closed and the company installed an individual wastewater system.
  • The U.S. Navy paid a civil penalty of $94,200 and closed nine LCCs at Joint Base Pearl Harbor-Hickam. The Navy had closed six cesspools in 2012, but had failed to close the remaining three in a timely manner. The three remaining cesspools served an estimated 160 people at three separate facilities. The Navy has since closed the non-compliant cesspools.

For more information on the large-capacity cesspool ban and definition of a large-capacity cesspool, click here.

EPA Requiring County of Hawaii to Close 7 Large Capacity Cesspools

In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act (“Act”), 42 U.S.C. § 300h-2(c)(3)(B), notice is hereby given of a proposed agreement, set forth in a Proposed Administrative Order on Consent (“Proposed Consent Order”), between the U.S. Environmental Protection Agency Region 9 (“EPA”) and the County of Hawai‘i. The Proposed Consent Order requires the County of Hawai’i to correct certain alleged ongoing violations of the Act, as further described below. This notice invites the public to submit comments on the Proposed Consent Order.

Click to read docket

The Proposed Consent Order requires Respondent to close seven (7) large capacity cesspools (“LCCs”) that are currently being operated in violation of the ban codified at 40 C.F.R. § 144.88 on existing LCCs that took effect on April 5, 2005. Section V of the Proposed Consent Order provides an enforceable schedule for the County of Hawai’i to come into compliance with the ban, including closure of the LCCs and proper treatment for the wastewater streams currently being sent to the LCCs.

Complainant

Kathleen H. Johnson, Director, Enforcement Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105

Respondent

Mayor Harry Kim, County of Hawai‘i, East Hawai‘i Building, 25 Aupuni Street Hilo, Hawai‘i 96720

Facilities

Pahala and Na’alehu communities of Hawai‘i

Alleged Violations

EPA alleges that, since April 5, 2005, Respondent owned and/or operated two (2) LCCs in violation of the LCC ban located in the community of Pahala. EPA further alleges that, since at least April 30, 2010, Respondent owned and/or operated five (5) additional LCCs in violation of the LCC ban located in the communities of Pahala and Naalehu. The continued operation of these LCCs is an ongoing violation of 40 C.F.R. § 144.88 and the SDWA. The seven (7) LCCs at issue are more specifically defined as follows:

  • 2 large capacity cesspools serving approximately 109 private residences in the community of Pahala, Hawai‘i;
  • 3 large capacity cesspools serving approximately 163 private residences in the community of Na’alehu, Hawai‘i; and
  • 2 large capacity cesspools serving the Pahala Elderly Apartments.

Related Content:

3.0 Magnitude Earthquake Shakes Southern Part of the Big Island

Magnitude 3.0
Date-Time
Location 18.941°N, 155.478°W
Depth 37.1 km (23.1 miles)
Region HAWAII REGION, HAWAII
Distances
  • 18 km (11 miles) SE (140°) from Naalehu, HI
  • 29 km (18 miles) S (180°) from Pahala, HI
  • 36 km (22 miles) ESE (121°) from Hawaiian Ocean View, HI
  • 90 km (56 miles) SW (222°) from Hawaiian Beaches, HI
  • 94 km (59 miles) SSW (206°) from Hilo, HI
  • 360 km (224 miles) SE (137°) from Honolulu, HI
Location Uncertainty horizontal +/- 1.3 km (0.8 miles); depth +/- 1.5 km (0.9 miles)
Parameters Nph= 65, Dmin=20 km, Rmss=0.09 sec, Gp=238°,
M-type=duration magnitude (Md), Version=1
Source
Event ID hv60329266

Community Meeting on Kahuku Villages

Media Release:

There will be an upcoming community meeting sponsored by Nani Kahuku Aina, LLC, March 2 at 6:00pm in the Naalehu Community Center in Naalehu. They are seeking community input on Kahuku Villages, a proposed development in Ka‘ū.

Please consider attending this event if you would like to learn more about it and let them know your thoughts as well. For more information please email: info@kahukuvillages.com

Have a wonderful and safe weekend.

Aloha,

Brittany Smart, District 6 – Upper Puna, Ka‘ū, South Kona

 

 

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