Hawaii County faces fine for failing 'to meet its legal commitment to modernize wastewater infrastructure'

Government
Ivan bandura 6wsevhw1dzc unsplash
The U.S. Environmental Protection Agency says Hawaii County missed the deadline for the Pāhala Wastewater Treatment Facility. | Ivan Bandura/Unsplash

Hawaii County will have to ante up after being fined by the U.S. Environmental Protection Agency (EPA) for missing a key target date for the design completion of the Pāhala Wastewater Treatment Facility.

In June 2017, the EPA and the county voluntarily agreed to an order to close five large-capacity cesspools (LCC) that serve the communities of Pāhala and Nā'ālehu, according to the EPA. As part of the agreement, the county also would replace the shuttered cesspools with a new wastewater treatment facility plan meeting approval from the Hawaii Department of Health.  

“County of Hawaii has failed to meet its legal commitment to modernize wastewater infrastructure,” Amy Miller, the EPA Pacific Southwest Regional Director of the Enforcement and Compliance Assurance Division, said in an EPA news release. “EPA expects the county to expeditiously construct the Pāhala Wastewater Treatment Facility to protect drinking water and coastal resources on the Big Island.”

The project’s design phase was set to be completed by July, and according to the Star-Advertiser, the EPA gave the county a notice of noncompliance in August and issued a demand for payment of the $28,500 fine in November. However, Hawaii County Mayor Mitch Roth pointed out that additional environmental review was required as a result of unexpected issues. 

“Our administration has been working diligently with the EPA and the community to close the large-capacity cesspools in Pāhala and Nā'ālehu,” Roth said, according to the Star-Advertiser. “However, upon reevaluation of the project and discovery in April of a more extensive lava tube system than previously anticipated, we consciously decided to do further environmental review to select a wastewater treatment plant that will reduce environmental and fiscal concerns.”

The Star-Advertiser also noted that under terms of the agreement, 272 properties that had been served by the LCCs, and another 95 properties not served by them, were slated to be connected to the new wastewater treatment facility. However, Roth defended the delays and said that despite the fines, county officials determined it was appropriate to seek permanent solutions rather than quick fixes for the issues. 

“That said, we understand the seriousness of the fine and will continue to work hard to meet the remaining compliance deadlines -- so long as we may do so without jeopardizing the health and safety of our residents and the environments in which they live,” Roth told the Star-Advertiser.

According to the EPA release, LCCs are cesspools that are capable of serving multi-unit residential homes, the capacity serving 20 or more people each day. They were banned in 2005 under the Safe Water Drinking Act.  

Since 2005, more than 3,600 LCCs across the state have been closed, while hundreds are still operating. 

The EPA release also noted that cesspools discharge untreated sewage into the ground and can contaminate groundwater, which is a key source of domestic water in Hawaii. The discharge, which can contain chemicals and pathogens that cause disease, can find its way into streams and the ocean.