THE SENATE

S.C.R. NO.

8

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

REQUESTING EACH COUNTY TO DEVELOP A PLAN FOR THE REGULAR MAINTENANCE OF THE CHANNELS, STREAMBEDS, STREAMBANKS, AND DRAINAGEWAYS LOCATED IN THE COUNTY.

 

WHEREAS, under Hawaii law, the counties have the primary responsibility for watercourse maintenance in their respective counties, pursuant to section 46-11.5, Hawaii Revised Statutes (HRS); and

WHEREAS, section 46-11.5, HRS, states in part that each county shall provide for the maintenance of channels, streambeds, streambanks, and drainageways, whether natural or artificial, including their exits to the ocean, in suitable condition to carry off storm waters; and for the removal from the channels, streambeds, streambanks, and drainageways and from the shores and beaches any debris which is likely to create an unsanitary condition or otherwise become a public nuisance; and

WHEREAS, the counties are also responsible for enforcement of any maintenance that falls under private responsibility and may fine any private entity or person refusing to comply with any final order issued by the county to maintain private channels, streambeds, streambanks, drainageways; and

WHEREAS, the counties have the infrastructure to carry out watercourse maintenance, which is done primarily for preservation of adjacent properties from flooding; and

WHEREAS, the counties have the staffing, including engineers, work crews, and equipment for waterways maintenance, as well as the authority under section 46-11.5, HRS, to order private owners to clear and maintain privately-owned watercourses; and

WHEREAS, despite this, Hawaii's streams, canals, and other watercourses statewide generally do not receive scheduled maintenance and as a result may be subject to pollution and interrupted water flow; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-First Legislature of the State of Hawaii, Regular Session of 2002, the House of Representatives concurring, that each county is requested to develop a plan for the regular maintenance of the channels, streambeds, streambanks, and drainageways located in the county; and

BE IT FURTHER RESOLVED that the plans shall include provisions for the conversion of any debris or dredged material removed from the waterways into useable products; and

BE IT FURTHER RESOLVED that each county shall submit its plan for the regular maintenance of the channels, streambeds, streambanks, and drainageways to the Legislature no later than twenty days prior to the Regular Session of 2003; and

BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Mayor of each county.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Counties; requested to develop plans for regular maintenance of channels, streambeds, streambanks, and drainageways located in the county.