EPA Region 9 Compliance Alert: Ban on Large-Capacity Cesspools
Background on Large-Capacity Cesspools
In December 1999, EPA promulgated a nationwide ban on large-capacity cesspools with a deadline for closure by April 5, 2005. EPA defines large-capacity cesspools to include “multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes, containing human excreta, which have an open bottom and sometimes perforated sides.” Multiple dwellings could include apartment buildings, duplexes, or a home with an ohana/mother-in-law unit. Large-capacity cesspools do not include cesspools that serve only a single-family residential dwelling or non-residential cesspools which receive solely sanitary waste and have the capacity to serve fewer than twenty (20) persons per day.
Environmental Impacts from Large-Capacity Cesspools
Large-capacity cesspools have a high potential to contaminate underground sources of drinking water because they are not designed to treat sanitary waste. Untreated sanitary waste can enter ground water and has a high potential to contaminate and impact drinking water sources and shallow coastal waters. For example, fluids seeping from large-capacity cesspools could exceed drinking water maximum contaminant levels for nitrates, total suspended solids and coliform bacteria and may contain other constituents of concern such as phosphates, chlorides, grease, viruses, and trichloroethane and methylene chloride, chemicals used to clean cesspools.
EPA’s Efforts to Close Large-Capacity Cesspools in the State of Hawaii
EPA’s efforts to close large-capacity cesspools include, but are not limited to, enforcement activities that are centered on investigating and bringing cases against individuals or facilities found in violation of the ban; community outreach efforts; public tips; and encouraging large-scale landowners, including state and county agencies, to help EPA identify more large-capacity cesspools by conducting voluntary compliance audits. To date, EPA has monitored the closure of over 3,902 large-capacity cesspools in the State of Hawaii. However, more work is needed to ensure compliance because we estimate that there are approximately 1,500 noncompliant large-capacity cesspools in the State of Hawaii, with a majority being associated with small two-unit residential units. Since implementation of the Ban, EPA has issued 103 enforcements actions and has assessed around $5.6 million in civil penalties.
EPA encourages the public to get in touch with us if you become aware of a large-capacity cesspool. If you would like to submit a tip regarding a large-capacity cesspool, please contact EPA’s Tip Line at (415) 947-4510 or www.epa.gov/tips.
Self-Disclosure of Large-Capacity Cesspools
Regulated entities who voluntarily and promptly disclose and expeditiously close a large-capacity cesspool may be eligible for a reduction of any civil penalties that otherwise might apply. Most violations can be disclosed and processed via EPA’s automated online reporting system "eDisclosure system".
More Information
For more information on large-capacity cesspools, please visit EPA’s Large-Capacity Cesspool website.