Posted on: Thursday, April 14, 2005

Thousands face fines for using cesspools

By Jan TenBruggencate
Advertiser Science Writer

Thousands of property owners statewide who use large-capacity cesspools missed an April 5 federal deadline to close them, and face fines of up to $32,500 a day as long as they remain in violation.

"The number we're using is 2,000 large-capacity cesspools in the state, but we're recognizing that that inventory is not complete. There are a lot of duplexes and 'ohana units that don't comply," said John Kemmerer, associate director of the water division for EPA's Region 9.

Meanwhile, several government agencies have entered consent agreements with the EPA that will allow them to avoid fines. One of them, Kaua'i County, is processing a $1.4 million contract to replace roughly 50 park and neighborhood center cesspools with septic systems, said Kaua'i Building Division chief Doug Haigh.

EPA officials today will announce a consent agreement with the state Department of Land and Natural Resources that sets a time line for closing and replacing all of its existing large-capacity cesspools. A list of agreements with other county, state and federal agencies also will be released, officials said.

Cesspools are porous holes in the earth, sometimes lined with rock or brick, into which raw sewage is directly discharged.

"The discharge to ground water and surface water poses environmental and public health risks. Untreated sewage moves through the ground and can contaminate ground water, streams and ocean water," the EPA says on its cesspool Web site.

The agency recommends cesspools be replaced by septic systems, wastewater package plants or sewage treatment plants.

The EPA regulations apply to what are called large-capacity cesspools, which means pretty much anything other than a single cesspool serving a single house or a very small business.

If you have a duplex or a house and an 'ohana unit served by one cesspool, you're in violation. If you have any cesspool that's not residential and serves 20 or more people daily, it's in violation. Cesspools that serve hospitals, churches, hotels, apartment buildings and parks are all in violation.

Some properties did meet the deadline. When the YWCA of Kaua'i realized its mountain camping facility in Koke'e State Park, Camp Sloggett, was affected, it got a quote of $129,000 to replace the cesspool, said executive director Barbara Rehmer. It was more than the nonprofit organization could afford or raise.

A group of volunteers led by the Koke'e Leaseholders Association stepped forward and did the work — which due to heavy rains and mud took two weeks instead of the anticipated two days. The volunteers finished within days of the April 5 deadline. The YWCA paid for materials and equipment rental.

"It looks like it's going to be $27,000. So we saved more than $100,000. They did a fantastic job. We're very grateful," Rehmer said. She said those costs were borne by A&B Foundation, S.W. Wilcox Foundation and G.N. Wilcox Foundation.

Kemmerer of the EPA said his agency cannot authorize amnesty for those in violation, but he suggested small residential or business operations are unlikely to face the full penalties permitted under the law.

"We have to establish priorities, obviously, and going after duplexes is by no means a priority for enforcement," he said. He said that some organizations have reached consent agreements that include fines.

His recommendation is that those who know they are in violation do two things: make contact with a septic system installation firm and contact the EPA. He said he recognizes that both the contractors who do the work and the permitting process are likely to be backed up, and a lot of properties will not be able to get the work done immediately.

"It's definitely a big challenge as far as the capacity of the contracting community, and state permitting could be a bottleneck," he said.

Under federal legislation approved in 1999, the construction of new large-capacity cesspools was banned effective April 5, 2000, and the April 5, 2005, deadline was established for the closing of existing large-capacity cesspools. State and federal officials said that cesspools are more commonly used in Hawai'i than any other state.

The problem may be greater than even the EPA estimates. A state official said the EPA's figures are grossly understated.

"There are thousands of duplexes and 'ohana units on each island," said state Department of Health Wastewater Branch program manager Harold Yee. "Up until 1991, the cesspool was the standard."

Reach Jan TenBruggencate at jant@honoluluadvertiser.com or (808) 245-3074.