American Savings Bank has agreed to pay a penalty of more than $30,000 for an illegal large-capacity cesspool at its former branch in Kealakekua that was in violation of the Safe Drinking Water Act, plus more, according to the U.S. Environmental Protection Agency.
As part of the settlement, ASB also has agreed to help three single-family homes on Hawaii island convert their cesspools to state-approved wastewater systems.
“As part of our enforcement action against American Savings Bank, a supplemental environmental project will be included in addition to the penalty,” said EPA Pacific Southwest Regional Administrator Martha Guzman in a news release. “These projects are targeted cesspool closures that will provide localized benefits to communities and further protect the Big Island’s groundwater and surface water from pollution found in cesspools.”
A “supplemental environmental project” is not required by law, EPA says, but agreed upon as part of a settlement to provide a “tangible environmental or public health benefit.”
ASB’s Kealakekua branch has since been closed, along with the cesspool at the property, according to the consent agreement.
“Upon being informed of the EPA’s position, ASB voluntarily closed the cesspool at our Kealakekua Branch,” said ASB Director of Communications Shara Aiu in a statement. “In conjunction with the settlement, ASB agreed to pay $30,427 to the EPA and also offered to convert three residential cesspools, located in disadvantaged communities on Hawaii island, for homeowners who cannot afford to pay for the conversion.”
These homes, the EPA said, must meet several criteria: They must be located in areas where the median household income is less than $75,000 per year, with a high density of cesspools, and in close proximity to surface or coastal waters.
According to the EPA, ASB is to replace the cesspools with state-approved, individual wastewater systems by the end of 2024 at a minimum cost of $122,042.
In October the EPA also fined two Hawaii island businesses nearly $72,000, along with the required closure of their illegal, large-capacity cesspools.
After an inspection of the Wailuku Professional Plaza, which is about 100 feet from the Wailuku River in Hilo, EPA found two unlawful cesspools serving the multitenant commercial office building.
Wailuku Professional Plaza LLC agreed to close the illegal cesspools and pay a $43,000 penalty.
EPA inspectors also found that the Power Self Storage in Kailua-Kona has a restroom served by a large-capacity cesspool. SKS Management LLC — the facility’s operator — agreed to pay a $28,780 penalty and close the illegal cesspool by Sept. 1.
In Hawaii, cesspools — basically, underground holes used for the disposal of human waste — collect and discharge untreated raw sewage into the ground, where disease-causing pathogens and harmful chemicals can contaminate groundwater, streams and the ocean.
Cesspools are used more widely in Hawaii than in any other state, according to the EPA, which is a cause for concern since groundwater provides 95% of all water supply for the islands.
Most cesspools in Hawaii serve only single-family residences, which are not regulated by the EPA. But large- capacity cesspools, defined by the EPA as serving multiple residential dwellings such as townhouse complexes, or 20 or more persons per day in nonresidential dwellings such as rest areas, were banned in 2005 under the Safe Drinking Water Act.
Since 2005 more than 3,750 large-capacity cesspools in Hawaii have been closed, the EPA said. However, hundreds remain in operation.
The settlement agreement with ASB is subject to a 30-day comment period.
Comments are due by Jan. 2 and can be submitted by email to r9hearingclerk@epa.gov or by mail to Ponly Tu, Regional Hearing Clerk, U.S. Environmental Protection Agency, Region 9, 75 Hawthorne St. (ORC-1), San Francisco, CA 94105.
