County to replace Kainalei restroom cesspool after EPA action; council concurs with corporation counsel

The Hawaii County Council voted Dec. 4 to accept the corporation-counsel office’s recommendation to resolve an EPA enforcement matter concerning a large-capacity cesspool at the Kainalei parking-lot comfort station in Hilo.

Deputy corporation counsel Danny Patel and Department of Public Works Director David Yamamoto briefed the council on the history: DPW inspected county facilities in 2006 and closed or converted many large-capacity cesspools, but the Kainalei comfort station was later reopened and the conversion was not completed. The EPA identified the noncompliance and assessed a penalty; the county negotiated a settlement and will construct a replacement septic system.

"We closed the comfort station and installed portable toilets while designing the replacement," Yamamoto said, adding that construction to replace the cesspool with a septic system is planned for spring 2020. He said the matter involved a single site and recommended the council concur with corporation counsel’s course of action.

Council members expressed concern about precedent and whether settling would prompt additional enforcement or fines elsewhere. Council member Tim Richards questioned whether agreeing to a settlement would set expectations for other EPA interactions; Yamamoto and corp counsel said the case is site-specific. Members asked departments to inventory other county facilities to reduce the risk of future violations.

The council voted to concur with corporation counsel’s recommendation and to close the file on Communication 640. The clerk recorded the motion as carried; the council also directed staff follow-up to review county sites and ensure compliance.

No fine amount was read into the meeting record during the public discussion; council members asked that departments continue a records review to identify any other at-risk county facilities.