HOUSE OF REPRESENTATIVES

H.B. NO.

2993

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to nonpoint source pollution.

 

 

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

 


     SECTION 1.  The legislature finds that in the 1970's, a lack of environmental regulation and enforcement led to the dumping of pollutants and hazardous materials by numerous entities and that some form of governmental oversight and enforcement was necessary to deter and prevent these threats to clean drinking water and habitats.

     The legislature also finds that some four decades after the enactment of historic environmental legislation and clean water protections, the environmental movement has, in great part, succeeded.  Environmental protection has become part of the popular culture, to the point where those who would be labeled polluters four decades ago are today stewards of the environment.

     The legislature further finds that the adversity brought about by the global economic downturn also provides an opportunity to augment the practices of state government in such a way as to create efficiencies and reduce costs while still meeting the goals of a particular policy.  Such is the case with the Department of Health's Clean Water Branch.

     The Department of Health's Clean Water Branch is responsible for regulating the federal Clean Water Act.  More specifically, the Clean Water Branch is responsible for reviewing applications and granting permits for potential sites of nonpoint source pollution, such as construction sites and manufacturing/production facilities, auditing of those sites and facilities, and enforcement of penalties on those that violate the Clean Water Act's standards.  Nevertheless, as is the case in so many other areas of government, resources are limited, leading to irregular and inconsistent inspections, enforcement, and overall, less than ideal environmental stewardship.

     Part of the solution to limited resources for the provision of government services is cooperation with the private sector.  Although self-monitoring may appear counter-intuitive, it is an accepted course in many state functions, such as the many professional groups that come under the umbrella of the department of commerce and consumer protection.  While the establishment of regulations required by federal law might be considered technically different from the adaptation of professional standards to promote ethical conduct, the underlying principle of self-monitoring and cooperation between government and the private sector to the end of furtherance of a policy or cause is nothing new.  The driving force behind the concept is the leveraging of all available resources with an agenda based in a sense of common purpose.

     The legislature further finds that the benefits to cooperation in this case are many.  Cooperative self-monitoring will also provide a mechanism by which real-time electronic transmission of data related to regulated sites and facilities to regulatory authority can occur.  This information will include permit applications, best management practices and related attachments associated with these applications, and site and facility inspection results.  Thus, regulatory agencies will be more readily capable of addressing the constraints of limited public resources while continuing to fulfill their role in the common purpose of stewardship of the environment.

     It stands to reason that if permit applications for construction projects are reviewed in a more effective manner, projects can be initiated or implemented faster, trades go to work faster, salaries get paid faster, supplies get purchased faster, and personal income and general excise taxes get paid faster, leading to an increase in tax revenues in any given fiscal year due to an increased number of projects underway.

     The legislature also finds that cooperation with the private sector with respect to self-monitoring is consistent with long-standing U.S. Environmental Protection Agency (EPA) policy.  In Volume 51, Number 131, of the Federal Register dated July 9, 1986, the EPA announced a final policy statement in which it submitted that, "[E]nvironmental audits can improve compliance by complementing conventional federal, state and local oversight [. . .] Environmental auditing has developed for sound business reasons, particularly as a means of helping regulated entities manage pollution control affirmatively over time instead of reacting to crises.  Auditing can result in improved facility environmental performance, help communicate effective solutions to common environmental problems, focus facility managers' attention on current and upcoming regulatory requirements, and generate protocols and checklists which help facilities better manage themselves.  Auditing also can result in better-integrated management of environmental hazards, since auditors frequently identify environmental liabilities which go beyond regulatory compliance [. . .] EPA encourages regulated entities to adopt sound environmental management practices to improve environmental performance [. . .] Audits can be conducted effectively by independent internal or third party auditors."

     This policy is incorporated and supported in a 1997 EPA document entitled "Voluntary Environmental Self-Policing and Self-Disclosure Policy", where the EPA states, "One of the Environmental Protection Agency's most important responsibilities is obtaining compliance with federal laws that protect public health and safeguard the environment.  That goal can be achieved only with the voluntary cooperation of thousands of businesses and other regulated entities subject to these requirements [. . .] the Agency recognizes that we cannot achieve maximum compliance without the cooperation of a regulated community willing to act responsibly by detecting, disclosing, and correcting violations. Already, regulated entities have many compelling incentives to implement environmental management/auditing systems, as noted in EPA's 1986 auditing policy." 

This policy was further updated and strengthened in Volume 65, Number 70, of the Federal Register dated April 11, 2000, where the EPA issued a final policy statement in which it proposed, among other things, that "[t]he purpose of the Policy is to enhance protection of human health and the environment by encouraging regulated entities to voluntarily discover, disclose, correct and prevent violations of Federal environmental law [. . .] The revised Policy reflects EPA's continuing commitment to encouraging voluntary self-policing while preserving fair and effective enforcement."

     Therefore, it is the purpose of this Act to facilitate the cooperation between the department of health and the private sector in order to further promote the purposes of the Clean Water Act while providing a better business environment.

     SECTION 2.  Chapter 342E, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

Part

HAWAII TASK FORCE FOR THE MODERNIZATION OF

CLEAN WATER ACT COMPLIANCE

     "§342E-A  Hawaii Task Force for the Modernization of Clean Water Act Compliance; purpose.    (a)  There shall be a voluntary cooperative program within the department known as the Hawaii Task Force for the Modernization of Clean Water Act Compliance.  The purpose of the Hawaii Task Force for the Modernization of Clean Water Act Compliance shall be to manage or mitigate nonpoint source pollution and maintaining compliance with adopted department rules or standards for nonpoint source pollution management through the use of public-private partnerships to supplement and augment the public purposes of this chapter with private resources.

     §342-B    Membership.   (a)  The membership of the Hawaii Task Force for the Modernization of Clean Water Act Compliance shall consist of eleven members, which shall include the following:

(1)  A representative from the U.S. Environmental Protection Agency;

(2)  The director of the department, or his designee;

(3)  The director of the department of transportation, or his designee

(4)  A representative from a county agency responsible for environmental regulation;

(5)  A representative from a county agency responsible for transportation management, provided that this representative shall not be from the same county as the representative from a county agency responsible for environmental regulation;

(6)  A member of the house of representatives, as selected by the speaker of the house of representatives;

(7)  A member of the senate, as selected by the senate president;

(8)  Four persons who have volunteered to be regulated through the Hawaii Task Force for the Modernization of Clean Water Act Compliance, as selected by the persons regulated through the Hawaii Task Force for the Modernization of Clean Water Act Compliance.

(b)  The members of the task force shall serve six-year staggered terms; provided that the initial appointments shall be as follows:

(1)  The representative from a county agency responsible for transportation management to be appointed for three years;

(2)  Two members of the persons who have volunteered to be regulated through the Hawaii Task Force for the Modernization of Clean Water Act Compliance to be appointed for three years;

(3)  The representative from a county agency responsible for transportation management to be appointed for four years;

     (c)  The members of the task force shall select a chairperson and vice chairperson from among its members.  Six members shall constitute a quorum, whose affirmative vote shall be necessary for all actions taken by the board.  Members shall receive no compensation for services, but shall be entitled to necessary expenses, including travel expenses, incurred in the performance of their duties.

     §342-C    Functions, powers and duties.

     (a)  The Hawaii Task Force for the Modernization of Clean Water Act Compliance shall be responsible for the promulgation of standards, rules, and procedures for managing or mitigating nonpoint source pollution or maintaining compliance with adopted department rules or standards for nonpoint source pollution management that are at least equal to those promulgated by the department.  These standards, rules, and procedures shall be promulgated to maximize the use of public-private partnerships to supplement and augment the public purposes of this chapter with private resources to create greater efficiencies in effecting the public purposes of this chapter, including:

(1)  uniform auditing and enforcement protocols and standards, including uniform training of auditors and field agents;

(2)  use of third-party agents to audit sites of possible nonpoint source pollution; and

(3)  data collection and transmission features that assist the department in meeting any state or federal reporting guidelines with respect to nonpoint source pollution, and access rights to the data.

     (b)  The task force may establish a fee to persons who opt to be regulated by the Hawaii Task Force for the Modernization of Clean Water Act Compliance.  All fees shall be used for the purposes of the Hawaii Task Force for the Modernization of Clean Water Act Compliance, as determined by the task force.  Matters relating to the initial setting of the fee amount, increases or decreases in the fee amount, or uses of fees, shall require the consent of at least a two-thirds vote of the members the task force is entitled to.

     SECTION 3.  Section 342E, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Cooperative program" means a partnership between a person and the department that furthers the priorities, mission, and duties of the nonpoint source pollution management and control program, or its successor, through the use of private resources."

     SECTION 4.  Section 342E-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "[§342E-3]  Powers and duties of the director.  (a)  In addition to any other power or duty prescribed by law, the director shall:

     (1)  Reduce, control, and mitigate nonpoint source pollution in the State;

     (2)  Adopt rules under chapter 91 necessary for the purposes of this chapter, which may include water quality standards for specific areas, types of nonpoint source pollution discharges, or management measures in the control of water pollution, allowing for varying local conditions;

     (3)  Develop plans, recommendations, and policies, and provide other support to further the State’s capacity to carry out the requirements of any federal law, rule, or regulation pertinent to the management or mitigation of nonpoint source pollution;

     (4)  Work cooperatively with other state, county, and federal agencies, to facilitate the monitoring of and update the list of waters in the State that cannot reasonably be expected to attain or maintain state water quality standards and goals established under the federal Water Quality Act of 1987 (P.L. 100-4) without additional action to control nonpoint source pollution;

     (5)  Identify those categories of nonpoint sources that add significant pollution to the state waters identified under paragraph (4);

     (6)  Facilitate implementation of the best management practices, programs, and measures to control each category of nonpoint source pollution identified under paragraph (5), and encourage nonpoint source pollution mitigation practices including, but not limited to, the use of non-hazardous substances in the household and agroforestry management and the use of cooperative programs to further the purposes of this chapter;

     (7)  Identify public and private sources of expertise, technical assistance, financial assistance, educational assistance, training, and technology transfer;

     (8)  Convene statewide and regional public forums involving the general public, the regulatory community, and businesses and industries that may contribute to categories of nonpoint source pollution for the purpose of establishing plans, and developing management strategies and other mitigation measures to control and manage nonpoint source pollution;

     (9)  Provide funding for projects to demonstrate the best available technology and best management practices for preventing and mitigating nonpoint source pollution;

    (10)  Provide funding for public initiative projects to encourage education and prevention measures relating to nonpoint source pollution;

    (11)  Propose legislation, alternate funding mechanisms, and new programs to improve the State’s capacity to mitigate nonpoint source pollution; and

    (12)  Review environmental assessments and environmental impact statements as defined under section 343-2 for the purposes of commenting on the effects that a proposed action would have on the level of nonpoint source pollution generated in an area."

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Nonpoint source pollution

 

Description:

Facilitates cooperation between the public and private sector to further the purposes of the Clean Water Act.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.