STAND. COM. REP. 129

Honolulu, Hawaii

, 2003

RE: H.B. No. 737

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Energy and Environmental Protection, to which was referred H.B. No. 737 entitled:

"A BILL FOR AN ACT RELATING TO CLEAN WATER,"

begs leave to report as follows:

The purpose of this bill is to protect the State's water quality by:

(1) Requiring any person using, or paying someone who uses, mechanized equipment to move soil, grade, or grub to take all necessary precautions to ensure that sediment does not enter State waters;

(2) Prohibiting the Department of Health (DOH) from approving the construction of any underground injection well or the disposal of any waste into an underground injection well;

(3) Prohibiting DOH from approving any individual wastewater system within one mile of the shoreline unless the system removes at least 93 percent of the nitrogen from wastewater before release into the environment;

(4) Allowing citizens to bring lawsuits against those violating chapter 342D, Hawaii Revised Statutes, the water pollution law; and

(5) Increasing the fines for each violation of the water pollution law or any rule, permit, or variance issued under chapter 342D from $25,000 to $40,000.

The Surfrider Foundation Oahu Chapter, Life of the Land,

Conservation Council for Hawaii, Sierra Club, Hawaii Chapter, Hawaii's Thousand Friends, and several individuals testified in support of this bill.

DOH, Hawaiian Electric Company, Maui Electric Company, and Hawaii Electric Light Company commented on this bill.

Hawaii Leeward Planning Conference, Hawaii Agriculture Research Center, Department of Environmental Services of the City and County of Honolulu, and the Land Use Research Foundation of Hawaii opposed this bill.

Your Committee believes that this bill will ensure that our streams, beaches, coral reefs, and marine life will be protected when illegal activities are occurring or when there are inadequate safeguards. Your Committee further finds that the citizen suit provision will ensure that quick action will be taken to minimize any damage to our water.

Your Committee has amended this bill by:

(1) Removing the provisions relating to underground injection and nutrients;

(2) Removing the requirement that no action can be commenced prior to 30 days after the plaintiff has given notice of a violation to the director or the alleged violator;

(3) Expanding the citizen suit provision to allow a person to commence a civil action against the counties and agencies;

(4) Requiring the court to award reasonable attorney and expert witness fees to the prevailing or substantially prevailing party; and

(5) Making technical, nonsubstantive amendments for purposes of style and clarity.

As affirmed by the record of votes of the members of your Committee on Energy and Environmental Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 737, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 737, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Energy and Environmental Protection,

 

____________________________

HERMINA M. MORITA, Chair