Owners of a popular West Maui wedding venue face approximately $96,000 in fines and will need to close the property’s large-capacity cesspool under a proposed consent agreement with the U.S. Environmental Protection Agency.

The EPA said that Olowalu Elua Associates LLC, which owns and operates the Olowalu Plantation House, is consenting to a civil penalty of $96,221 as well closing its large-capacity cesspool by April 28, 2023.

The EPA said in a public notice on its website that Olowalu Elua had violated the Safe Drinking Water Act by owning and/or operating one large-capacity cesspool after the ban on existing cesspools of that type took effect on April 5, 2005.

In banning the large-capacity cesspools, the EPA said that they discharge raw sewage into the ground, where disease-causing pathogens and harmful chemicals can contaminate groundwater, streams and the ocean.

Cesspools are used more widely in Hawaii than any other state, according to the EPA. The Hawaii State Department of Health Wastewater Branch is requiring property owners to upgrade, convert or close cesspools of any size by Jan. 1, 2050, following a law passed in the 2017 legislative session.

In an email statement Thursday, Olowalu Elua Associates said it learned in August 2020 that a cesspool on its property might be of a large capacity and needed to be removed and replaced with a septic system.

“Olowalu has worked diligently since then by retaining consultants to develop plans for the removal and replacement work and by submitting applications and requests for the state and county permits and approvals necessary for the required closure and replacement work,” the statement said.

“Olowalu will promptly complete the closure and replacement a month after it obtains all permits and approvals.”

Since 2005, the EPA has been cracking down on those who have not voluntarily complied with shutting down their large-capacity cesspools, with even government entities getting penalized for keeping large-capacity cesspools open.

In March, the state Department of Land and Natural Resources was fined nearly $222,000 for operating seven large-capacity cesspools on Kauai, the Associated Press reported.

Since the ban, more than 3,400 large-capacity cesspools have been closed, but the EPA has said there are hundreds still in operation. In Hawaii, there are approximately 88,000 cesspools, most of which are small capacity, according to the EPA.

There are more than 12,000 cesspools on Maui and more than 1,400 on Molokai, according to the DOH’s Wastewater Branch website.

Members of the public can comment on Olowalu Elua’s case, including on the amount or basis of the proposed penalty.

Comments are due Aug. 26 and should be directed to Steven Armsey, Regional Hearing Clerk, U.S. Environmental Protection Agency, Region 9, 75 Hawthorne St. (ORC-1), San Francisco, CA 94105. Armsey can also be contacted at (415) 972-3919 or at r9hearingclerk@epa.gov.

Residents must submit their full name, mailing address, telephone number, email address, the docket number (UIC-09-2021-0054) and a concise statement of the basis for and relevant facts supporting any comment for the case.

Comments received by the deadline will be considered prior to the issuance of the final order, the EPA said.

The consent agreement and proposed final order for Olowalu Elua Associates can be found by visiting epa.gov and entering the docket number in the search box.

* Melissa Tanji can be reached at mtanji@mauinews.com.