HONOLULU (November 9, 2023) – Today, the U.S. Environmental Protection Agency (EPA) announced a settlement with the Kukuiolono Park Trust Estate to resolve claims of violations of the Safe Drinking Water Act related to illegal, pollution-causing cesspools. Under the settlement, the Kukuiolono Park Trust Estate has agreed to close three unlawful large capacity cesspools (LCCs) and pay a $58,000 penalty. Technically the settlement is being concluded with the Bank of Hawai‘i as the Trustee of the Kukuiolono Park Trust Estate, and not in its individual or corporate capacity.
“EPA is committed to identifying and closing all large capacity cesspools in Hawai‘i, as these are illegal under federal law and threaten public health as well as Hawai‘i's cherished water resources” said EPA Pacific Southwest Regional Administrator Martha Guzman. "This settlement represents continued progress toward cleaner groundwater, surface water, and beaches for Hawai‘i.”
Located on the Island of Kauai, the Kukuiolono Park Trust Estate operates the Kukuiolono Park and Golf Course Pavilion, Comfort Station, and the Kukuiolono Park Campground, and the Estate confirmed each property is served by a cesspool. EPA determined that the cesspools serving the Pavilion and Comfort Station fit the regulatory criteria of illegal LCCs because each cesspool had the capacity to serve 20 or more persons per day, while the cesspool serving the Campground fit the regulatory criteria of an unlawful LCC because it serves multiple dwellings.
Under the Safe Drinking Water Act’s Underground Injection Control program, the EPA required the closure of all LCCs by April 5, 2005. Since the Kukuiolono Park Trust Estate continued to own and operate the three LCCs past the closure deadline, the EPA reached a settlement agreement with the Bank of Hawaii, in its capacity as Trustee of the Kukuiolono Park Trust Estate, that includes a monetary penalty and a requirement to close the cesspools by December 31, 2024.
Cesspools in Hawaii
Cesspools are used throughout Hawai’i for the disposal of untreated sanitary waste. Unlike LCCs, most cesspools in Hawai’i serve only single-family homes and are not regulated by EPA. Cesspools collect and discharge waterborne pollutants like untreated raw sewage into the ground, where disease-causing pathogens and harmful chemicals can contaminate groundwater, streams and rivers, and the ocean, and harm human health. This is particularly a concern in Hawai‘i, as groundwater provides 95% of all drinking water in the state.
EPA is authorized to issue compliance orders and/or assess penalties to violators of the Safe Drinking Water Act’s large-capacity cesspool regulations. However, to encourage owners and operators to voluntarily discover, promptly disclose, and quickly close large-capacity cesspools, EPA is willing to forego enforcement actions and penalties under its Self-Disclosed Violations Policies.
The settlement with Bank of Hawai‘i, in its capacity as Trustee as the Kukuiolono Park Trust Estate, is subject to a 30-day comment period before becoming final. For more information and to submit comments, click here.
See a list of Hawai'i Cesspool Administrative Orders and information on how to self-disclose potential large-capacity cesspool violations.
Learn more about EPA’s work to close large capacity cesspools in Hawai’i and the Safe Drinking Water Act.
Learn more about EPA’s Pacific Southwest Region. Connect with us on Facebook and on X.
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