REPORT TITLE:
Wastewater systems

DESCRIPTION:
Delegates the responsibility of regulating individual wastewater
systems to the counties from the state department of health.
(HB2549 HD1)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2549
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO INDIVIDUAL WASTEWATER SYSTEMS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The responsibility for regulating the individual
 
 2 wastewater systems, now covered by state department of health
 
 3 rules, shall be delegated to the counties from the state
 
 4 department of health in a manner that does not interfere with or
 
 5 jeopardize the federal authorization of the State's
 
 6 administration of the National Pollutant Discharge Elimination
 
 7 System.  These department of health rules now include
 
 8 preconstruction and pre-use review and enforcement.  The
 
 9 department shall retain concurrent authority to enforce against
 
10 spills, overflows, discharges, nuisances, and threats to health,
 
11 safety, or the environment from individual wastewater systems.
 
12      SECTION 2.  Section 342D-19, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "[[] �342D-19[]] Effect of laws, ordinances, and rules.(a)
 
15 All laws, ordinances, and rules inconsistent with this chapter
 
16 shall be void and of no effect.
 
17      (b) Any county may adopt ordinances and rules governing any
 
18 matter relating to water pollution control [which] that is not
 
19 governed or is explicitly allowed by a rule of the department
 

 
Page 2                                                     2549
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 adopted pursuant to this chapter; provided that any county
 
 2 ordinance or rule relating to water pollution control that is not
 
 3 explicitly allowed by a rule of the department shall be void and
 
 4 of no effect as to any matter regulated by a rule of the
 
 5 department upon the adoption thereof except as allowed by rule of
 
 6 the department or as provided in subsection (c).
 
 7      (c) Any county desiring to administer its own laws,
 
 8 ordinances, and rules on the design, construction, use, and
 
 9 operation of individual wastewater systems, sewerage, and
 
10 treatment facilities may submit to the director a full and
 
11 complete description of the program it proposes to establish and
 
12 administer under county law.  In addition, the county shall
 
13 submit a statement from its corporation counsel or county
 
14 attorney that the laws of the county provide adequate authority
 
15 [and the standards are equal to or more stringent than the
 
16 standards of the department] to carry out the described program.
 
17 The director shall approve each [such] submitted program unless
 
18 the director determines that either adequate authority does not
 
19 exist or the proposed [standards are less stringent than those of
 
20 the department.] program will interfere with or jeopardize any
 
21 federal authorization or the State's administration of the
 
22 National Pollutant Discharge Elimination System, other joint
 
23 federal-state programs, or existing state laws administered by
 
24 the director."
 

 
Page 3                                                     2549
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      SECTION 3.  There is appropriated out of the general
 
 2 revenues of the State of Hawaii the sum of $346,480 or so much
 
 3 thereof as may be necessary for fiscal year 2000-2001 for grants-
 
 4 in-aid for the purpose of financing county operational costs of
 
 5 regulating individual wastewater systems now regulated by the
 
 6 state department of health rules.  The general revenues, or as
 
 7 much as may be necessary, shall be distributed in the following
 
 8 manner:
 
 9      City and county of Honolulu                 $99,185
 
10      County of Maui                              $65,195
 
11      County of Kauai                             $70,499
 
12      County of Hawaii                           $111,601
 
13 The grants-in-aid to each county shall be made after the county
 
14 and the department of health agree on the details of the
 
15 delegation of responsibility.
 
16      SECTION 4.  The sums appropriated shall be expended by the
 
17 respective counties for the purposes of this Act.
 
18      SECTION 5.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 6.  This Act shall take effect on July 1, 2000.