Ten years after the U.S. Environmental Protection Agency banned cesspools serving 20 or more people — and threatened property owners with fines of up to $37,500 a day if they didn’t shut them down — the agency estimates that there are still about 1,400 of the raw-sewage pits in use throughout the state, threatening the safety of Hawaii’s drinking water and the health of beachgoers.
The large-capacity cesspools, also known as gang cesspools, appear to be clustered along some of Hawaii’s most prized beaches, including those in Waimanalo and on the famous North Shore of Oahu, as well as Kauai’s Hanalei Bay and the wealthy enclave of Spreckelsville on Maui, a Honolulu Star-Advertiser review of EPA property data shows.
Cesspools discharge raw sewage into the ground, which can harbor disease-causing pathogens that contaminate groundwater, streams and the ocean. The high-nutrient content of untreated sewage can degrade coral reefs, for instance.
"The proximity of these sources of pollutants to coastal waters is not a good thing," said University of Hawaii coastal geologist Chip Fletcher.
In recent years local lawmakers and beach advocates have focused on trying to phase out a parallel problem: the nearly 90,000 small cesspools around the state that are still legal but pose the same environmental and health risks.
Dan Amato, a scientist who has been working with the Hawaii Surfrider Foundation on the issue, said he was surprised to hear that the large-capacity cesspools were still a problem.
"I’m kind of shocked," he said. "I really thought that they passed this legislation a long time ago, and I thought it had been taken care of."
Penalties have been few
In 2000 the EPA banned the construction of new large-capacity cesspools and gave property owners with the sewage systems five years to get rid of them.
But since 2005 the EPA has penalized only two dozen property owners, with fines totaling $1.5 million.
"Of course, I would have liked to have seen faster movement for sure," said Kathleen Johnson, director of the EPA’s enforcement division, which oversees Hawaii and the Pacific Southwest. "But I think it also speaks to the magnitude of the problem."
Hawaii has more cesspools than any other state, according to the EPA.
The EPA property list of large-capacity cesspools, which includes about 800 properties that have a combined 1,400 cesspools, is believed to be largely accurate, said Johnson. But she acknowledged that EPA officials haven’t inspected all of the properties and that there could be errors.
EPA inspectors have to be flown in from the mainland to complete the inspections.
The EPA property list includes 27 cesspools serving more than two dozen cabins that hug Bellows Beach, known for its white sand and bright turquoise water. The cabins are operated by Bellows Air Force Station.
The EPA notified the station that the cesspools were in violation of federal law in 2012, and the Air Force plans to begin converting them to aerobic treatment units beginning next year, said Craig Gorsuch, an environmental program manager for the Air Force.
Farther down the beach in Waimanalo, 11 beachfront vacation cottages that rent for between $185 and $310 per night are also served by cesspools. Andrea Peters, owner of Waimanalo Beach Cottages, said that the property has three cesspools, but said she doesn’t think they are illegal. She said that the EPA contacted her about the cesspools about five years ago, but she hasn’t heard from the agency since.
Also on the list are a number of church properties, including a $3.9 million property owned by the Church of Jesus Christ of Latter-day Saints across from a Lahaina beach. The Mormon church didn’t return a call for comment.
Million-dollar homes and pricey apartment units that surround Aweoweo Beach in Waialua on Oahu’s North Shore are listed as being served by large-capacity cesspools, as are dozens of other lower-end homes and commercial properties throughout the islands.
Johnson said that when the ban first took effect in 2005, the EPA was reluctant to fine property owners and instead tried to work out agreements for phasing out the cesspools.
Some are shut down
The agency targeted some of the largest property owners, including the state, the counties and the military. Consent agreements were also finalized with companies such as Costco in Kailua-Kona and Gay & Robinson, which operated 40 large-capacity cesspools on Kauai, according to EPA documents.
In addition, the agency shut down cesspools serving apartment complexes in Kailua on Oahu. Cesspools in remote areas or owned by lower-income property owners were given less of a priority.
The EPA is required to adjust any fines based on a property owner’s financial situation.
Property owners must connect to a county sewage system, if possible, or install an alternative sewage treatment system, such as a septic tank, which can cost thousands of dollars.
The good news, said Johnson, is that 3,292 large-capacity cesspools, or 70 percent of the systems in Hawaii, have been shut down.
Still, she said, 10 years after the ban there shouldn’t be any system still in use, and the EPA is stepping up its enforcement.
Just last week it fined Travaasa Hotel Hana Resort on Maui $187,500. The hotel has 14 cesspools on its property. The agency also fined Backpackers Hawaii Vacation Inn on Oahu’s North Shore $40,000 for its six cesspools. And it fined Shaka’s nightclub in Pahoa on Hawaii island $82,425.
Johnson said more fines will likely be announced soon.
"We view this as an important public health and environmental health issue," Johnson said. She acknowledged that it can be a challenge for some properties to come into compliance, "but we need to get there and the time is now."
