(a) Before January 1, 2050, every cesspool in the State, excluding cesspools granted exemptions by the director of health pursuant to subsection (b), shall be:

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Terms Used In Hawaii Revised Statutes 342D-72

  • Director: means the director of health. See Hawaii Revised Statutes 342D-1
  • Sewerage system: means pipelines or conduits, pumping stations, and force mains, and all other structures, devices, appurtenances, and facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal. See Hawaii Revised Statutes 342D-1
  • wastewater: means any liquid "waste" as used above, whether treated or not. See Hawaii Revised Statutes 342D-1
(1) Upgraded or converted to a director-approved wastewater system; or
(2) Connected to a sewerage system.
(b) The director of health may grant exemptions from the requirements of subsection (a) to property owners of cesspools that apply for an exemption and present documentation showing a legitimate reason that makes it infeasible to upgrade, convert, or connect the cesspools. For the purposes of this subsection, a legitimate reason shall include but not be limited to:

(1) Small lot size;
(2) Steep topography;
(3) Poor soils; or
(4) Accessibility issues.
(c) As used in this section , “cesspool” means an individual wastewater system consisting of an excavation in the ground whose depth is greater than its widest surface dimension, that receives untreated wastewater, and retains or is designed to retain the organic matter and solids discharged into it, but permits the liquid to seep through its bottom or sides to gain access to the underground geographic formation.

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