The Hidden Cesspool Poisoning Hawaii’s Groundwater
The Non-Financial Ledger
This is a story about a 20-year betrayal against the people living in Hawaii. For two decades, while the community of Makawao, Hawaii, went about their lives, Konohiki Corp. operated a ticking time bomb beneath their feet. A large capacity cesspool is just a polite euphemism for a hole in the ground that funnels raw, untreated human poop directly into the earth. It is a primitive, dangerous technology banned for a reason: it poisons the water we all need to survive.
The true cost of this violation isn’t measured in the pathetic $44,000 fine. The true cost is paid in the currency of trust. It is paid by every family who draws water from a well, by every farmer who irrigates their crops, by every child who plays in a stream fed by groundwater. Konohiki Corp. made a calculated business decision. They decided that the cost of installing a modern, safe wastewater system was more than the health and safety of their neighbors. They privatized their profits and socialized their risk, dumping their waste into a shared public resource: the groundwater of Hawaii.
This long, silent crime reveals a deep contempt for the people and the ‘aina (the land). In a place where water is life, where the health of the land and the health of the people are inseparable, knowingly operating a system that injects poison into the aquifer is an act of profound violence. The contamination is invisible. It doesn’t appear as a toxic cloud or an oil slick. It seeps, silently, into the porous volcanic rock, carrying pathogens and nitrates toward the drinking water supply. The damage done over 19 years cannot be known without extensive testing, a burden which now falls to the public.
For nearly 7,000 days, this corporation chose profit over the public’s right to safe drinking water. The settlement isn’t justice; it’s a price tag for pollution.
The settlement itself is the final insult. A $44,000 fine for 19 years of daily violations is not a penalty. It is a license to pollute with literal shit. It signals to every other corner-cutting operator that federal law is a suggestion, not a mandate. It tells them that endangering a community’s water supply is a manageable business expense, cheaper than compliance. The additional year granted to fix the problem, until May 2025, is a reward for two decades of illegal operation. The ledger shows a debt of dignity, safety, and trust that this settlement makes no attempt to repay.
Legal Receipts
“40 C.F.R. §§ 144.84(b)(2) and 144.88 required owners or operators of existing LCCs to close those LCCs by April 5, 2005, and prohibited new LCCs after that date.”
Docket No. UIC-09-2024-0059, Page 5, Para. 24“Since at least 2000, Respondent has owned or operated the facility at 1035 Makawao Ave., Makawao, HI 96768-9445 (TMK 2-2-4-024-001) which serves as a commercial rental space.”
Docket No. UIC-09-2024-0059, Page 6, Para. 29“The cesspool servicing the Property’s restrooms meets the definition of LCC as defined at 40 C.F.R. § 144.81(2), in that it has the capacity to serve at least twenty (20) persons a day.”
Docket No. UIC-09-2024-0059, Page 6, Para. 31“Each day that Respondent failed to close the LCC at the Property after April 5, 2005, constitutes a violation of 40 C.F.R. §§ 144.84(b)(2) and 144.88.”
Docket No. UIC-09-2024-0059, Page 6, Para. 32“Within thirty (30) days of the effective date of this CA/FO, Respondent must pay a FORTY FOUR THOUSAND DOLLAR ($44,000) civil penalty…”
Docket No. UIC-09-2024-0059, Page 7, Para. 33“By May 1, 2025, close the LCC at the Property in accordance with 40 C.F.R. §§ 144.84(b)(2), 144.88(a), and 144.89(a)…”
Docket No. UIC-09-2024-0059, Page 10, Para. 39a“Respondent: admits the jurisdictional allegations of the CA/FO; neither admits nor denies the specific factual allegations contained in the CA/FO; consents to the assessment of the stated civil penalty, and to all conditions specified in the Consent Agreement; and waives any right to contest the allegations…”
Docket No. UIC-09-2024-0059, Page 2-3, Para. 7Societal Impact Mapping
Environmental Degradation
A large capacity cesspool is a gaping wound in the earth. It is an unlined pit that receives raw sewage and allows it to percolate directly into the subsurface soil. In the unique geology of Hawaii, characterized by porous volcanic rock and fractured lava tubes, this is a catastrophic design. There is no slow, natural filtering process. Instead, contaminants like nitrates, phosphates, viruses, bacteria, and chemicals from cleaning products are given a direct, high-speed pathway into the island’s groundwater aquifers.
These aquifers are not just underground rivers; they are the sole source of drinking water for many communities and the lifeblood of the island’s ecosystems. When untreated waste enters this system, it can spread over vast areas, remaining a threat for years. The nitrates in human waste trigger algal blooms in any surface water the contaminated groundwater feeds, like streams or coastal areas. These blooms starve the water of oxygen, killing fish and devastating fragile marine ecosystems, including Hawaii’s already-threatened coral reefs. For 19 years, the facility at 1035 Makawao Avenue was a point source of this degradation, contributing to the slow poisoning of a precious and finite resource.
Public Health
The operation of this illegal cesspool was a direct threat to the health of the people of Makawao. The injection of human waste into the ground introduces a host of dangerous pathogens into the water supply. Bacteria like E. coli and Salmonella, viruses like norovirus and hepatitis A, and parasites like Giardia can all travel through the groundwater and contaminate drinking wells. Ingesting this contaminated water can cause severe gastrointestinal illness, and for vulnerable populations like children, the elderly, or the immunocompromised, such infections can be life-threatening.
Beyond acute illness, the long-term chemical threat is significant. Nitrates, a primary component of sewage, are a serious health risk, especially for infants. High nitrate levels in drinking water can lead to methemoglobinemia, or “blue baby syndrome,” a condition that reduces the blood’s ability to carry oxygen. For two decades, Konohiki Corp. subjected the surrounding community to these risks without their knowledge or consent. The $44,000 settlement includes no provision for public health monitoring or widespread water testing to determine the extent of the damage done.
Economic Inequality
This is a textbook case of a corporation externalizing its costs onto the public to protect its bottom line. The Safe Drinking Water Act created a clear, non-negotiable cost of doing business: the safe disposal of wastewater. Konohiki Corp. chose to evade this cost for 19 years. The money they saved by not installing a legally compliant septic system or connecting to a municipal sewer line is profit that was, in effect, stolen from the community’s environmental health and safety.
Now, the public bears the true cost. The financial burden of cleaning up a contaminated aquifer, should it be necessary, is astronomical and would fall upon taxpayers. The cost of increased water filtration at municipal or private wells falls on the users. The cost of healthcare for those who may fall ill from contaminated water is borne by individuals and the public health system. The $44,000 fine paid by Konohiki Corp. is a pittance that does not begin to cover the potential cleanup costs, the public health risks, or the devaluation of a shared natural resource. It is a subsidy for pollution, paid for by the working people of Hawaii.
The “Cost of a Life” Metric
What Now?
This settlement is a closed case for the EPA, but it should be the beginning of public vigilance. The corporation and the regulators who gave them this pass must be held accountable. The closure deadline is not for another year, meaning the threat continues.
- Corporate Entity on Notice: Konohiki Corp., managed by Philip Binney, 1338 Mokulua Drive, Kailua, HI 96734-3250. This is the entity legally responsible for nearly two decades of polluting Hawaii’s groundwater.
- Regulatory Watchlist: U.S. Environmental Protection Agency (EPA) Region 9 and the Hawaii Department of Health (HDOH). These agencies must ensure the May 1, 2025, closure deadline is strictly enforced with no extensions. They must be pressured to stop offering sweetheart deals that make pollution profitable.
- Resistance and Mutual Aid: Demand local officials conduct comprehensive water quality testing for private wells and public water sources in the Makawao area. Support Hawaiian-led environmental organizations fighting to protect the islands’ water. Organize your neighbors to investigate and report other potential illegal cesspools. True power lies not in government agencies, but in communities organized to protect themselves when the system fails them.
The source document for this investigation is attached below.
You can read about this story here: https://www.epa.gov/system/files/documents/2024-06/uic-09-2024-0059-consent-agreement-final-order-konohiki-corp-makawao-hi-2024-06-27.pdf
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