DLNR agrees to audit of all large-capacity cesspools, $105,000 fine

The U.S. Environmental Protection Agency has fined the Hawaii Department of Land and Natural Resources $105,543 for failing to close an illegal large-capacity cesspool on Kauai.

A settlement has been reached after inspectors found that the cesspool serving restrooms at the Kamokila Hawaiian Village on DLNR land in Kapaa met the criteria of an unlawful large-capacity cesspool, EPA said, meaning it served more than 20 people a day.

As part of the settlement, DLNR also must conduct an audit of all of its 1.3 million acres of property statewide for any other large-capacity cesspools.

“The audit by DLNR, the largest land manager in Hawaii, represents a significant step toward EPA’s goal of closing all unlawful, pollution-causing large capacity cesspools in Hawaii,” said EPA Pacific Southwest Regional Administrator Martha Guzman in a news release issued Monday. “This audit will safeguard public health and protect groundwater by helping DLNR address remaining illegal cesspools.”

EPA said DLNR also will confirm that all its managed or controlled properties are connected to sanitary sewer systems, or otherwise operate compliant wastewater systems.

“This effort furthers EPA’s goal of protecting groundwater and public health by closing LCCs in Hawaii while incentivizing disclosure of additional potentially polluting large cesspools,” the EPA said in the news release.

On Kauai, DLNR leases the land to William K. Fernandes, whose family for decades operated Kamo­kila Hawaiian Village — a traditional village alongside Wailua River offering visitors historical tours, canoe rides and rentals.

The website for the business, villagekauai.com, said it is open daily, weather and river conditions permitting, but several reviewers on travel sites say the village has been closed several months. Repeated calls to the village resulted in no answer or voicemail message system.

The audit will be conducted in three phases, starting with Oahu, then Kauai, Maui and Molokai followed by Hawaii island

“The DLNR worked with the EPA to develop the final order and DLNR has already commenced scoping the audit process set forth in the (Consent Agreement and Final Order),” said DLNR in a statement. “The Kamokila Village cesspool was closed on July 9, 2020, and the audit will assist the department in determining what properties are still on cesspool in anticipation of the requirement to remove all cesspools by 2050.”

Since April 5, 2005, large-capacity cesspools have been banned under the federal Safe Drinking Water Act in an effort to keep untreated sanitary waste from entering groundwater and contaminating drinking water sources.

A cesspool is a shallow, underground system — basically a hole in the ground — for disposing sanitary waste, without treatment.

Cesspools collect and release untreated raw sewage into the ground, according to the EPA, where disease-­causing pathogens and harmful chemicals can contaminate groundwater. In Hawaii, groundwater provides 95% of all local water supply.

EPA defines a large-capacity cesspool as one that serves multiple residential dwellings such as a townhouse complex or apartment, or one that serves more than 20 people a day at a commercial or public service building.

Since the 2005 ban took effect, the EPA said more than 3,600 large cesspools in Hawaii have been closed, but that 1,400 still remain in operation.

Cesspools are used more widely in Hawaii than in any other state, according to the EPA. Statewide, there are still about 88,000 cesspools, most of which are small-capacity cesspools.