OLOWALU — The U.S. Environmental Protection Agency last week announced a significant enforcement action against Olowalu Elua Associates LLC over large-capacity cesspool violations of the Safe Drinking Water Act at the Olowalu Plantation House.

Located makai of Honoapiilani Highway at 810 Olowalu Village Road, the scenic oceanfront property hosts weddings.

To rectify the situation, Olowalu Elua Associates LLC will pay a $96,221 penalty and close the large-capacity cesspool by April 28, 2023.

The company plans to replace the cesspool with a state-approved wastewater treatment system.

Amy Miller, EPA Pacific Southwest Regional Director of Enforcement and Compliance Assurance, said, “This case is important because of the very real damages that cesspools can inflict on human health and the environment in Hawaii, where cesspools are used more widely than in any other state.

“Release of raw, untreated sewage to a cesspool can contaminate oceans, streams and groundwater by releasing disease-causing pathogens and nitrates. It is important to note that groundwater provides 95 percent of all domestic water in Hawaii. Beyond the health hazards of bacteria and viruses found in such cesspool sewage, nitrates can damage land or aquatic ecosystems, including coral reefs.”

EPA discovered the cesspool that serves the Olowalu Plantation House through routine large-capacity cesspools (LCC) targeting investigations on Maui.

EPA efforts to close LCCs 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; coordination with and referrals from Hawaii counties and the state Department of Health; public tips; and encouraging all large-scale landowners, including state agencies, to help EPA identify more LCCs by conducting voluntary compliance audits.

Alejandro Diaz, public affairs specialist with EPA’s Pacific Islands Contact Office, wrote, “We encourage the public to get in touch with us if you become aware of a large-capacity cesspool. Tips and complaints can be submitted via the Tip and Complaint Hotline at 415-947-4510 or online at https://echo.epa.gov/report-environmental-violations. EPA Region 9’s enforcement actions have imposed approximately $2.9 million in penalties and resulted in closure of about 1,140 large-capacity cesspools statewide.”

If a property owner identifies an LCC, they may be able to avoid or mitigate a penalty from EPA if they qualify under the EPA Audit Policy.

Among other criteria, the policy requires the property owner to promptly disclose the existence of the LCC and to quickly close it.

The Audit Policy may be found at https://www.epa.gov/compliance/epas-audit-policy.

The proposed settlement agreement is available online at https://www.epa.gov/system/files/documents/2021-07/uic-09-2021-0054-cafo-olowalu-elua-associates-llc-2021-07-23.pdf.

To review the “Public Notice: Proposed Settlement of Safe Drinking Water Act Administrative Penalty and Opportunity to Comment; Olowalu Elua Associates LLC,” go to https://www.epa.gov/publicnotices/proposed-settlement-safe-drinking-water-act-administrative-penalty-and-opportunity.The public can submit comments on the proposed settlement until Aug. 26.