Report Title:

Drinking Water; Additives Prohibited

Description:

Prohibits the addition of chemicals to the public water supply, but not additives commonly used to make water safe and potable, such as chlorine. (SD1)

THE SENATE

S.B. NO.

15

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO WATER.

 

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

SECTION 1. Chapter 340E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§340E-   Drinking water; additives prohibited. (a) Notwithstanding any law to the contrary, it shall be unlawful and a public nuisance for any person, agent, or any public or private water system to add any product, substance, or chemical to the public water supply for the purpose of treating or affecting the physical or mental functions of the body of any person. This section does not prohibit the addition of chemicals commonly used to make water safe and potable, such as chlorine.

(b) The prohibitions of this section shall not apply to federal or military water systems whose service is limited to federal or military properties.

(c) Nothing in this section shall be construed to prevent the application of federal laws and regulations regarding additives in drinking water."

SECTION 2. Section 340E-8, Hawaii Revised Statutes, is amended to read as follows:

§340E-8 Penalties and remedies. (a) Any person who violates section 340E-7 shall be administratively or civilly penalized not more than $25,000 per day for each violation.

(b) Any person who wilfully violates section 340E-7(g) shall be criminally fined not more than $25,000 per day for each violation and may be imprisoned for not more than three years.

(c) Any person may be enjoined from any violation of section 340E-7.

(d) The director may enforce this part in either administrative or judicial proceedings:

(1) Administrative. If the director determines that any person has violated or is violating any provision of this part, any rule adopted thereunder, or any variance, exemption, permit, or other written authorization issued pursuant thereto, the director may have that person served with a notice of violation and an order. The notice shall specify the alleged violation. The order may require that the alleged violator do any or all of the following: cease the violation, pay an administrative penalty as specified in this section, or appear before the director at a time and place specified in the order and answer the charges complained of. The order shall become final twenty days after service unless within those twenty days the alleged violator requests in writing a hearing before the director. Upon the request, the director shall specify a time and place for the alleged violator to appear. When the director issues an order for immediate action to protect the public health from an imminent and substantial danger, the department shall provide an opportunity for a hearing within twenty-four hours after service of the order. After a hearing pursuant to this subsection, the director may affirm, modify, or rescind the director’s order as the director deems appropriate. The director may institute a civil action in any court of appropriate jurisdiction for the enforcement of any order issued pursuant to this subsection. In any judicial proceeding to collect the administrative penalty imposed, the director need only show that:

(A) Notice was given;

(B) A hearing was held or the time granted for a hearing expired without a request for a hearing;

(C) The penalty was imposed; and

(D) The penalty remains unpaid.

(2) Judicial. The director may institute a civil action in any court of appropriate jurisdiction for injunctive and other relief to prevent violation of this part or any order or regulation issued pursuant to this part, impose and collect civil penalties, collect administrative penalties, or obtain other relief in addition to any other remedy provided for under this section.

(e) Any person who violates section 340E-6 shall be administratively or civilly penalized not more than $25,000 per day for each violation.

(f) Any person who violates section 340E-   shall be administratively or civilly penalized $25,000 per day for each violation.

[(f)] (g) Any person who fails to comply with any action taken by the director pursuant to section 340E-4 shall be civilly penalized not more than $25,000 for each day of failure to comply."

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.