Wastewater systems

Delegates the responsibility of regulating individual wastewater
systems to the counties from the state department of health.
(HB2549 HD2)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The responsibility for regulating individual
 2 wastewater systems, now covered by department of health rules,
 3 shall be delegated to the counties from the department of health
 4 in a manner that does not interfere with or jeopardize the
 5 federal authorization of the State's administration of the
 6 National Pollutant Discharge Elimination System.  These
 7 department of health rules now include preconstruction and pre-
 8 use review and enforcement.  The department shall retain
 9 concurrent authority to enforce against spills, overflows,
10 discharges, nuisances, and threats to health, safety, or the
11 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
20 adopted pursuant to this chapter; provided that any county

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

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

Page 3                                                     2549
                                     H.B. NO.           H.D. 2

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