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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 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.  There is appropriated out of the general
13 revenues of the State of Hawaii the sum of $346,480, or so much
14 thereof as may be necessary, for the fiscal year 2000 - 2001 for
15 grants-in-aid for the purpose of financing county operational
16 costs of regulating individual wastewater systems now regulated
17 by the state department of health rules.  The general revenues,
18 or as much as will be necessary, will be distributed in the
19 following manner:  City and County of Honolulu ($99,185); County

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 1 of Maui ($65,195); County of Kauai ($70,499); and the County of
 2 Hawaii ($111,601). The grants-in-aid to each county shall be made
 3 after the county and the department of health agree on the
 4 details of the delegation of responsiblilty.
 5      SECTION 3.  The sums appropriated shall be expended by the
 6 respective counties for the purposes of this act.
 7      SECTION 4.  Section 342D-19, Hawaii Revised Statutes, is
 8 amended to read as follows:
 9      "[[] 342D-19[]] Effect of laws, ordinances, and rules.
10      (a) All laws, ordinances, and rules inconsistent with this
11 chapter shall be void and of no effect.
12      (b) Any county may adopt ordinances and rules governing any
13 matter relating to water pollution control which is not governed
14 or is explicitly allowed by a rule of the department adopted
15 pursuant to this chapter; provided that any county ordinance or
16 rule relating to water pollution control and not explicitly
17 allowed by a rule of the department shall be void and of no
18 effect as to any matter regulated by a rule of the department
19 upon the adoption thereof except as allowed by rule of the
20 department or as provided in subsection (c).
21      (c) Any county desiring to administer its own laws,
22 ordinances, and rules on the design, construction, use, and

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 1 operation of [sewerage] individual wastewater systems, sewerage,
 2 and treatment facilities may submit to the director a full and
 3 complete description of the program it proposes to establish and
 4 administer under county law.  In addition, the county shall
 5 submit a statement from its corporation counsel or county
 6 attorney that the laws of the county provide adequate authority
 7 [and the standards are equal to or more stringent than the
 8 standards of the department] to carry out the described program.
 9 The director shall approve each such submitted program unless the
10 director determines that either adequate authority does not exist
11 or the proposed [standards are less stringent than those of the
12 department.] program will interfer with or jeopardize any federal
13 authorization or the state=s administration of the National
14 Pollutant Discharge elimination System, other joint federal-state
15 programs, or existing state laws administered by the director.
16      SECTION 5.  This Act shall take effect on July 1, 2000.
18                           INTRODUCED BY: ________________________

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