Ted Bohlen is a former deputy attorney general who advocates on environmental legislation.
The Hawaiʻi Legislature cannot delegate away its core duty to safeguard water quality.
Hawaiʻi’s 83,000 cesspools discharge roughly 50 million gallons of untreated sewage into our groundwater, streams and coastal waters every day. That steady flow of bacteria and nutrients threatens drinking water, fuels algal blooms and accelerates the decline of coral reefs that sustain local culture and tourism.
If we fail to act on proposed legislation, the cost of inaction, from contaminated aquifers to beach closures and lost reef habitat, will far exceed the price of fixing the problem.
Some lawmakers contend that cesspools are only a county problem. They are not. In no uncertain terms, the Hawaiʻi Constitution makes it clear that water protection is a state responsibility, declaring that “the State shall protect, control and regulate the use of Hawaiʻi’s water resources for the benefit of its people.”
Furthermore, the Constitution’s public trust doctrine, reflecting Kānaka Maoli customary law and tradition, protects water resources and places affirmative obligations on the state as trustee to preserve Hawaiʻi’s water quality for present and future generations. The Legislature cannot delegate away its core duty to safeguard water quality.
In 2017 the Legislature acknowledged this reality by requiring every cesspool to be upgraded or replaced by 2050. Yet the Department of Health, which must oversee those conversions, has repeatedly testified that it lacks the staffing and funding to meet that deadline. With a single upgrade costing at least $25,000, the expense is well beyond what many families can afford.
The Legislature has required that every cesspool should be upgraded or replaced by 2050 as studies have shown that sewage flow reaches shoreline within hours. (University of Hawaii/2021)
A practical path forward already exists in the form of House Bill 879. This bill would expand the state’s pilot grant program for low- and moderate-income homeowners, which was wildly popular, with its initial $5 million allocation having been fully committed within weeks. It would also raise the per-household cap and replenish its coffers, putting conversions within reach for many households.
It is of equal importance that the Legislature provide the Department of Health the staff and resources it needs to move applications quickly and enforce standards consistently statewide.
Hawaiʻi should also invest in innovation to drive long-term costs down, as proposed in House Bill 736. A modest initiative at the University of Hawaiʻi Water Resources Research Center can vet emerging technologies, such as cluster systems and compact aerobic units, which are better suited to our island topography and rising seas. Certifying cost-effective systems now will provide more affordable alternatives and help speed compliance with the 2050 mandate.
Hawaiʻi’s waters and coral reefs define who we are.
These steps would consume only a tiny fraction of the state budget, and ultimately would save costs for both homeowners and the state, yet they promise outsized returns: cleaner drinking water, healthier reefs, stronger fisheries, and peace of mind for families worried about contaminated wells. They would also demonstrate that the legislature is ready to honor its constitutional kuleana rather than defer it entirely to the counties which lack the means to succeed on their own.
Providing the Department of Health with adequate staffing, expanding homeowner grants to cover the full spectrum of conversion expenses, and investing in targeted research are not luxuries, they are necessities.
Hawaiʻi’s waters and coral reefs define who we are. Protecting them is both a legal obligation and a moral imperative. Our groundwater, oceans, and reefs can’t wait.
The state must act — by funding cesspool conversions and investing in needed solutions to protect our water resources.
Sign up for our FREE morning newsletter and face each day more informed.
Community Voices aims to encourage broad discussion on many
topics of
community interest. It’s kind of
a cross between Letters to the Editor and op-eds. This is your space to talk about important issues or
interesting people who are making a difference in our world. Column lengths should be no more than 800
words and we need a photo of the author and a bio. We welcome video commentary and other multimedia
formats. Send to news@civilbeat.org. The opinions and
information expressed in Community Voices are solely those of the authors and not Civil Beat.
If we just focus on the poop in those cesspools, how about the State subsidizing incinerating toilets. My grandparents lived out in the country with no sewage, and had one of those back in the 80s. It was fantastic, and I'm sure the modern ones are even better. If I remember correctly, they use them on Coconut Island.
mitoboru·
1 year ago
For those that live or own property on the Windward side most homes that had cesspools installed in the 50's and 60's were converted to the septic system by connection to the Sewer lines some 50-55 years ago, so not many homes actually have a cesspool, most cesspools are in areas off the Sewer Line-example at that time-Haiku Plantations a gated Community. The pipes installed and connected to the sewer line were made of steel that corrodes over time and can be replaced now for a lot less than 25K. It is easy to see if those pipes are leaking they were buried between 36-48 inches below ground so the areas near the Street connection will be wet with a odor hard to miss. Back then this was a lucrative business capping and filling in the cesspools (for safety) upon connection to the sewer line. The Early Treatment plants that formerly discharged effluent into Kaneohe Bay have been updated and maintained and now redirect by pump and lines to the Kailua Waste Water Treatment Plant that discharges into an area East of Mokapu. You can call the State ENV office if you have a leak they will come and determine if you have a leak-you pay for this so they are not doing you a favor.
Moilili·
1 year ago
I would urge those who are sincerely concerned take the time to read:"Condition Assessment Survey of Onsite SewageDisposal Systems (OSDS) in Hawaii"
Ideas is the place you'll find essays, analysis and opinion on public affairs in Hawaiʻi. We want to showcase smart ideas about the future of Hawaiʻi, from the state's sharpest thinkers, to stretch our collective thinking about a problem or an issue. Email news@civilbeat.org to submit an idea.