REPORT TITLE:
Environment



DESCRIPTION:
Delegates the responsibility of regulating individual wastewater
systems to the counties.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2890
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO INDIVIDUAL WASTEWATER SYSTEMS.



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

 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
 

 
Page 2                                                     2890
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 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 responsibility.
 
 5      SECTION 3.  The sum appropriated shall be expended by the
 
 6 respective counties for the purpose 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.(a)
 
10 All laws, ordinances, and rules inconsistent with this chapter
 
11 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
 
23 operation of [sewerage] individual wastewater systems, sewerage,
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

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