The County of Maui Wastewater Reclamation Division is working to:

• Flush, CCTV and assess sewer lines within the fire‐impacted area
• Repair Wastewater Pump Stations (WWPS) 5 and 6 on Front Street
• Reactivate Wastewater Pump Station 7 (Puumana Area) – requires WWPS 5 and 6 to be operating also
• Repair/Replace damaged underground lines to eliminate/minimize ground water infiltration and allow connections
• Maintain a stabilized treatment environment at the Lahaina Wastewater Reclamation Facility

No; if the Wastewater Service map indicates that you do not have functioning sewer service (interactive), please DO NOT flush toilets or allow water down any household drain. Although your toilet may flush and water may drain initially, if the service is not functional, you risk eventual sewage backing up into the house or out of downstream manholes.

Do homeowners in the Wahikuli and similarly fire-impacted homes in the area need to install an interim septic system to start rebuilding before sewer construction is complete?

No. The intent of the Hawaiʻi Department of Health’s (DOH) Cesspool Guidance for the area is to assist homeowners in avoiding the high costs of cesspool conversion to a septic system, or other individual wastewater system, when a sewer system is expected to be completed for the area in the next 3- 5 years (if funded).

‍

Will residents be required to tie in their cesspools to County Sewer if Wahikuli is sewered prior to 2050 Hawaii Cesspool Conversion Law? How long will they have to tie in?

Owners must connect to the County of Maui Department of Environmental Management (DEM) Wastewater Reclamation Division (WWRD) sewer system within 180 days of the date of the County letter notifying them of sewer connection availability. Please refer to Maui County Code Section 14.21A.010 – Required connection.

‍

What happens if Wahikuli is not sewered by 2050? What do I do with my cesspool?

Hawaiʻi Department of Health (DOH) approved individual wastewater systems will need to be installed. Current statutes require that every cesspool throughout the State of Hawaiʻi, excluding cesspools granted exemptions by the Director of Health, must be upgraded or converted to a Director of Health- approved wastewater system or connected to a sewer system by January 1, 2050. Legislation may be enacted to expedite cesspool conversions based on a prioritization system that ranks cesspools with the greatest chance of causing harm to people and to the environment, with Priority Level 1 systems most likely to cause harm. As seen in the University of Hawaiʻi 2022 Hawaiʻi Cesspool Prioritization Tool, the cesspools in the Wahikuli subdivision are Priority Level 1. Homeowners are advised they must comply with any newly enacted legislation for cesspool conversion requirements.
‍

What if the other neighborhoods outside of Wahikuli have cesspools, their neighborhoods are on sewer, and they were not tied into the County system prior to the fire? Will they have to tie in to County Sewer rebuild?

The March 18, 2024 DOH Guidance for Existing Cesspool Use in the Wahikuli Houselots Subdivision is only for continued use of existing cesspools for the rebuild of fire impacted homes in the Wahikuli Houselots Subdivision, and similar fire-impacted homes in the Lāhainā where there is no functioning sewer available for connection. Other homes must comply with existing Federal, State, and County laws and regulations.

If a County of Maui Department of Environmental Management (DEM) Wastewater Reclamation Division (WWRD) sewer line currently fronts a property then the property owner should submit plans to WWRD to construct a sewer lateral connection to the County sewer.

‍

Does DOH or EPA specify the quantities of bedrooms AND bathrooms that will be allowed to rebuild with existing cesspools?

T he March 18, 2024 DOH Guidance for Existing Cesspool Use in the Wahikuli Houselots Subdivision, which is applicable only to the Wahikuli Houselots Subdivision and nearby Lāhainā fire-impacted homes, does not specify the size of the home, quantity of bedrooms or quantity of bathrooms. Existing cesspool continued use will be based on constructing a home to the same quantity of bedrooms or bedroom like rooms (or less), based on the number of bedrooms that are shown in County records or a Hawai‘i licensed engineer confirms that the cesspool has sufficient capacity for the new home and its additions. EPA requirements for all large capacity cesspools does not consider the number of bedrooms or bathrooms. Hawaii Administrative Rules (HAR) Chapter 11-62 regulating Wastewater Systems defines a bedroom in HAR §11-62-03 Definitions as follows, "Bedroom" means any room within a dwelling that is or might reasonably be used as a sleeping room. A room is presumed to be a bedroom if it has a superficial floor area not less than seventy square feet and is provided with windows or skylights with an area of not less than one-tenth of the floor area or ten square feet, whichever is greater.

‍

Who will check the condition and capacity of the existing cesspool (or septic system) to assess if it was affected by the wildfires and suitable for rebuild?

It is the responsibility of the homeowner to engage and hire a professional to check the condition and capacity of their existing cesspool (or septic system).

For homes rebuilt to the same quantity of bedrooms as currently recorded in County records, the inspection of the existing cesspool (or septic system) may be performed by any of the following: a State of Hawai‘i licensed engineer or licensed contractor holding an A (general), C-9 (cesspool), C-37 (plumbing), C37a (sewer and drain line),or C43 (sewer, sewage disposal, drain, and pipe laying) license and shall be submitted to the County of Maui.

For homes rebuilt with more bedrooms than currently recorded in County records, the inspection of the existing cesspool shall be performed by a State of Hawaiʻi licensed engineer to confirm that the existing cesspool has sufficient capacity for the increased total quantity of bedrooms and a letter report or other documentation acceptable to the County of Maui shall be submitted to the County of Maui.

‍

Will property owners have to pay out of pocket for a civil engineer or licensed contractor to inspect their cesspool?

The County is working with their Federal and State partners to identify if there are resources available for providing technical assistance to homeowners on this matter.

At this time, it is the property owners responsibility to pay for the inspection of their cesspool. Please contact your insurance company to see if this cost is included in your coverage.

‍

What if residents want to build back a home with more bedrooms than is shown in the Current County records?

A Hawai‘i licensed engineer may certify that the existing cesspool capacity is sufficient for the new home.

‍

What happens if my cesspool is not in good working condition or does not suffice to what my build will be? What do I have to do? What are my options?

If the existing cesspool in its current size and condition is not suitable for the home with more bedrooms, then the engineer or homeowner may propose alternative operations or treatment system to the County, who will consult DOH as required under Hawaii Administrative Rules (HAR), Chapter 11-62. Options allowed will be case-specific.

‍

What if the permitted house + ʻohana unit(s) (ADUs) prior to the fire added up to more than 5 bedrooms x bathrooms and their cesspool(s) were at capacity/working condition to accommodate for this? Will they still be allowed to have their cesspool? Or these additional units? Specify for legal/permitted structures and ADUs vs unpermitted/illegal structures/ADUs. What do they do?

If the permitted house and ʻohana unit were a single structure, then the existing cesspool can be inspected, and use continued as indicated in answer 6 above. The quantity of bedrooms of the rebuilt home does not matter except to determine inspection requirements as indicated in answer 6.

If the permitted house and ʻohana unit were multiple structures and each structure had its own cesspool or septic system (or other individual wastewater treatment system (IWS)), then the cesspools or septic systems (or other IWS) will be inspected and use continued as indicated in answer 6 above. The quantity of bedrooms of the rebuilt home does not matter except to determine inspection requirements as indicated in answer 6.

If the permitted house and ʻohana unit were multiple structures and each structure shared a cesspool, then this is a large capacity cesspool regulated by USEPA, and the property owner should refer to the USEPA guidance. The quantity of bedrooms and bathrooms does not matter.

If the previous home was unpermitted house and/or ʻohana unit, then the home may be rebuilt in accordance with all applicable County requirements and the March 18, 2024 DOH Guidance for Existing Cesspool Use in the Wahikuli Houselots Subdivision, as applicable to Wahikuli Houselots Subdivision and similar fire-impacted homes in Lāhainā.

‍

Will property owners be penalized for not converting their cesspools to septic/sewer? What is the penalty or ramification?

Property owners in the Wahikuli Houselots Subdivision and other Lāhainā fire impacted homes covered under the March 18, 2024 DOH Guidance for Existing Cesspool Use in the Wahikuli Houselots Subdivision will only be subject to penalties for non- conversion if the property owner does not connect to the planned sewer as required by Maui County Code Section 14.21A.010 – Required connection; or, if the sewer is not constructed and the property owner has not converted to an individual wastewater system by the statutory deadline, currently on January 1, 2050.

If the non-conversion conditions noted above that are specific to Wahikuli Houselots Subdivision and other Lāhainā fire impacted homes covered under the March 18, 2024 DOH Guidance for Existing Cesspool Use in the Wahikuli Houselots Subdivision are not met, then the property owner may be subject to enforcement action by the Hawaiʻi Department of Health (DOH) under Hawaii Administrative Rules (HAR), Chapter 11-62. The amount of the penalty will vary based on the individual case.

‍

Can homeowners pre-plan connecting their existing cesspools anticipating Wahikuli will be sewered? If so, where will these laterals ideally have to go? How can residents make strategic decisions that would save them time and financial resources as they rebuild?

Pre-planning requires sewer design understanding, which is not available at this time. Determining where to place laterals to tie into a sewer system is timing dependent. If sewer system project design is underway at time of new home permitting, coordination of future connection location should be possible.

‍

How much does it typically cost to connect to County sewer and utilize this resource once it is available?

The cost of constructing a connection to the County sewer can vary and is dependent on many factors.

Every lot is unique.

Common considerations include:

• Is the house plumbing above or below the sewer lateral elevation (does it require a pump or can it gravity flow)?
• How far away is the house plumbing from the connection point?
• What are the ground conditions (rock, ground water etc.)
• What is the location and volume of the cesspool you are abandoning?
• Did the County provide a lateral from the mainline to your lot or do you need to construct it?
  ‍

What is the process of connecting to County sewer?

If you need to construct the lateral connection to the mainline then a plan for the connection needs to be prepared by your engineer and submitted to the Wastewater Reclamation Division for review and approval through the MAPPS permitting system (WWRD - Sewer Lateral Installation Review). Once approved your contractor will need to get a Work to Perform on County Right of Way permit and do the construction. Once the lateral is constructed your plumbing contractor would obtain a plumbing permit for your onsite plumbing from Development Services Administration via MAPPS to connect your lot to the lateral. You must construct a property line cleanout on your property within 2’ of the property line and if in a ground water area your onsite line needs to be pressure tested to demonstrate that is does not leak. Once connected, you would contact the Wastewater Reclamation Division (270-7417) to activate your sewer account.

‍

Do homeowners have to wait until debris removal is complete and they receive their closeout package from the County in order to have their cesspool or septic system inspected? Can they do it before?

Yes, cesspool inspections should take place after debris removal for the safety of the inspectors as well as to have the most accurate condition assessment.

‍

How do I know that USACE will not impact my cesspool further during debris removal?

USACE will only remove debris from the structural ash footprint. No impacts are expected if the cesspool is located outside the excavated area. If the cesspool is located within the structural ash footprint, potential impacts should be inspected prior to rebuilding. USACE generally avoids cesspools and septic systems as much as possible during debris removal if the location of the cesspool is shown on the Right of Entry (ROE) sketch. If you are scheduled for debris removal you can ask the USACE if you are able to be present during debris removal should you wish to monitor their work on your property or advise them of the location.

If the cesspool is determined by the homeowner to be impacted by the Debris Removal Program, how do they report this damage to USACE?

If property owners encounter an issue during the Debris Removal Program, they may engage with the

U.S. Army Corps of Engineers Issue Resolution Process by contacting their Call Center at 77-214- 9117. A USACE team will walk you through a series of questions to complete Issue Resolution documentation. The team will review the issues presented, your Right of Entry (ROE) form, a Site Assessment and other relevant information. If needed, the team will engage in other data collection such as a site visit and or interviews. Please note, the Issue Resolution Process is case specific and thus response times may vary. USACE appreciates your patience and understanding.

‍

Will the County be building a sewer system for the Wahikuli subdivision that currently relies upon cesspools and septic systems? What are the setbacks? What steps are we taking to make this happen?

The County is currently working with the Environmental Protection Agency (EPA) and other organizations to complete the design and possibly obtain funds to build this system. It is anticipated that if it is constructed, it would take approximately 3-5 years until final completion. EPA is writing into their technical assistance contract that design/engineering shall be complete within 12-16 months. The County will have to determine the construction schedule. The County is asking federal partners EPA through ongoing talks/meetings to take on planning and permitting, and/or U.S. Army Corp of Engineers (USACE) through a federal environmental infrastructure development program request sent on March 7th to fund at 75% and construct a sewer in Wahikuli. This project was not on the County’s CIP project list and the County has no bandwidth to take on this project if outside help doesn’t materialize.

‍

Will they be able to drill through the blue rock?

Blue rock excavation is anticipated. It is a difficult material to drill through and is often associated with extremely high construction costs. A sewer system has been explored in this community for decades, but has not been a reality due to some challenges with design, and securing the funds to drill through this material. EPAs design process will determine the feasibility and cost of drilling through blue rock and provide a realistic expectation to the County.

When will the sewer system design be released or talked about to the Wahikuli community members? What is the timeline of the design process?

The sewer system final design and supporting documentation is proposed to be completed in approximately 12-16 months. EPA has written into the Statement of Work that the selected Contractor shall present design updates at several stages to the public for comment and review. Documentation to ensure that the proposed work complies with applicable environmental and historic/cultural regulations will be prepared before proceeding with full design work (this is factored into the 12-16 month estimate). These timelines are subject to change as development progresses, but this design contract is a high priority for EPA Region 9.

Cesspool Jurisdictions:

Why are there restrictions / policies in place on phasing out cesspools? Why is there a 2050 Hawaii Cesspool Conversion Law?

Cesspools are a major source of pollution to Hawaiʻi’s waters. Hawai‘i has approximately 83,000 cesspools that discharge an estimated 50 million gallons of raw sewage into the State’s groundwater and surface waters every day. Cesspools are an antiquated technology for the disposal of untreated sewage that can pollute groundwater, drinking waters, and surface waters. Cesspools present a risk of human illness and significant harm to streams and coastal resources, including coral reefs. See also https://health.hawaii.gov/wastewater/home/cesspoo ls/.

‍

What is the difference between a small capacity cesspool and a large capacity cesspool? Whose jurisdiction does this fall into?

Large capacity cesspools include “multiple dwelling, community or regional cesspools, or other devices that receive sanitary wastes, containing human excreta, which have an open bottom and sometimes perforated sides. The Underground Injection Control (UIC) requirements do not apply to single family residential cesspools nor to non-residential cesspools which receive solely sanitary waste and have the capacity to serve fewer than 20 persons a day.”

Large capacity cesspools are under the jurisdiction of the U.S. Environmental Protection Agency (EPA). All other cesspools are under the jurisdiction of the Hawaii Department of Health (DOH).

Other:

Will the Kilohana sewer line project on Fleming Road benefit the Wahikuli neighborhood?

The current plan for the Kilohana Temporary Housing project is for the pump station/force main serving the temporary subdivision to discharge to a gravity sewer at the top of Fleming Road. This gravity sewer will run the length of the roadway to the Wahikuli Terrace Park access road where it will then turn south to the Lahaina No. 3 Wastewater Pump Station. The County has requested that (1) the line in Fleming Road be sized to accommodate the eventual Wahikuli connections and (2) laterals shall be installed to each lot along the construction. In addition, the existing sewer lines near the pump station will be upsized to also accommodate the future flows. Please note that illegal houses will need to be properly permitted in order to tie into the sewer system.