EPA Orders the Closure of Seven Cesspools to Protect County of Maui Water

News Release from EPA, July 19, 2024

HONOLULU – Today, the U.S. Environmental Protection Agency (EPA) announced a settlement with the County of Maui to close seven Large Capacity Cesspools (Cesspools) – potential sources of harmful water contamination – on the Islands of Maui and Molokai.

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

Under the proposed terms, the County of Maui has agreed to close the seven Cesspools by June 30, 2025, and pay a penalty. The County will also review all County owned or operated properties to identify any additional Large Capacity Cesspools and close them within an agreed upon time frame.

“EPA is committed to protecting Hawai’i’s precious water resources and enforcing the law by closing all Large Capacity Cesspools in the state,” said Martha Guzman, EPA Pacific Southwest Regional Administrator. “These actions taken by Maui County, as a large landowner, will ensure cleaner groundwater, surface water and beaches.”

In June 2022, EPA conducted an inspection of the wastewater disposal systems servicing the Hana Motor Vehicle and Licensing Office and the Hana Public Works Vehicle Maintenance Shop in Hana. During the inspection, EPA observed that both locations utilized cesspools for the disposal of sanitary wastewater that meet the regulatory definition of a Large Capacity Cesspool.

The County then disclosed to EPA that it found five additional Large Capacity Cesspools on properties it owned, including:

• Three Cesspools servicing the Makawao Baseyard in Upcountry Maui
• One Cesspool servicing the Maui Veterans Cemetary in Makawao
• One Cesspool servicing the Molokai Veterans Cemetary in Molokai

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 regulate large capacity cesspools. EPA has assessed a $193,247 penalty for the violations. 

For more information on this settlement agreement or to provide public comment, please visit the settlement website. The comment period will be open for 40 days from the date of this notice.

Background on Large Capacity Cesspools

Large Capacity Cesspools were federally banned in 2005. Since then, more than 3,862 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.

Self-Disclosure of Illegal Large Capacity Cesspools

To encourage regulated entities to voluntarily discover, promptly disclose, and expeditiously close these pollution-causing systems, EPA provides penalty mitigation and other incentives for companies that proactively find and close Cesspools on their property. Information on how to self-disclose potential Large Capacity Cesspool violations is available here.

For more information on reporting possible violations of environmental laws and regulations, visit EPA’s enforcement reporting website.

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CB: EPA: Maui County Must Pay $193K Fine And Shut Down 7 Illegal Cesspools