EPA orders closure of seven cesspools on Maui and Molokaʻi; Imposes $193K fine

A settlement has been reached between the US Environmental Protection Agency and the County of Maui, effectively ordering the closure of seven Large Capacity Cesspools on the Islands of Maui and Molokaʻi.

Cesspools, identified as potential sources of harmful water contamination, 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, according to the EPA.

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 Hāna Motor Vehicle and Licensing Office and the Hāna Public Works Vehicle Maintenance Shop in Hāna. 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 Cemetery in Makawao
• One Cesspool servicing the Molokaʻi Veterans Cemetery 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 the notice.

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% 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.