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EPA Settlement with Hawai'i Department of Human Services Mandates Closure of Pollution-Causing Cesspools

Strategic Insights

— 1 min read

A settlement between the Hawai'i Department of Human Services (HDHS) and the U.S. Environmental Protection Agency (EPA) has been announced, requiring HDHS to close its pollution-causing large-capacity cesspools (LCCs) in compliance with federal regulations. The agreement marks a significant step towards addressing the widespread use of cesspools in Hawai'i, which pose a threat to the state's critical drinking water resources and groundwater. EPA Pacific Southwest Regional Administrator John Busterud emphasized the importance of state agencies taking proactive measures to protect communities and drinking water resources from pollution caused by LCCs.

Key Takeaways:

  • HDHS has agreed to close all pollution-causing LCCs it owns and operates, as mandated by the EPA's Safe Drinking Water Act.
  • Under the agreement, HDHS will close two illegal LCCs, conduct a compliance audit to review and close any remaining LCCs, and ensure all owned or leased properties are connected to a sanitary sewer system or operate a compliant septic system.
  • The audit will be completed by April 2021, with HDHS avoiding penalties for any other LCCs found during the investigation.
  • This effort supports EPA's goal of closing LCCs in Hawai'i while incentivizing voluntary disclosure of additional LCCs on HDHS properties.
  • The settlement also includes a $128,000 penalty, which HDHS will pay for its non-compliance with EPA regulations.
  • The Hawai'i Youth Correctional Facility (HYCF) at Kailua, Oahu, operated by the Office of Youth Services, a sub-agency of HDHS, will have its two illegal LCCs shut down and connected to the municipal sewer system or a compliant septic system.
  • In 2017, the State of Hawaii passed Act 125 requiring the replacement of all cesspools, including smaller capacity cesspools, by 2050.

Statistics:

  • Since EPA's 2005 LCC ban, more than 3,400 LCCs have been closed statewide in Hawai'i.
  • An estimated 90,000 active cesspools remain in Hawai'i, with cesspools being used more widely in the state than in any other state.
  • Groundwater provides 95% of all domestic water in Hawai'i.
  • Cesspools collect and discharge untreated raw sewage, contaminating groundwater, streams, and the ocean, posing a significant threat to public health.

Sources:

  • https://www.epa.gov/compliance/epas-edisclosure
  • https://www.epa.gov/uic/hawaii-cesspool-administrative-orders
  • Learn more about EPA's Pacific Southwest Region.
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