REPORT TITLE:
Wastewater


DESCRIPTION:
Places certification of cesspool pumping firms with the
Department of Health.  Subjects knowing violations of rules
regarding spills and dumping to criminal penalties. Allows
officials of the Department of Health to obtain search warrants
for criminal violations.  Provides consistent penalties for
wastewater and sludge spills and dumping.  Makes explicit the
Department of Health's authority to deal with recycled water.
(HB1142 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1142
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D.1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ENVIRONMENT.



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

 1      SECTION 1.  Section 342D-1, Hawaii Revised Statutes, is
 
 2 amended by adding a new definition to be appropriately inserted
 
 3 and to read as follows:
 
 4      ""Management practices" include treatment, processing,
 
 5 storage, transport, use, and disposal."
 
 6      SECTION 2.  Chapter 340B, Hawaii Revised Statutes, is
 
 7 amended by amending its title to read as follows:
 
 8                           "CHAPTER 340B
 
 9            [HAWAII LAW FOR MANDATORY CERTIFICATION OF
 
10           PRIVATE CESSPOOL PUMPING FIRMS AND OPERATING
 
11             PERSONNEL IN WASTEWATER TREATMENT PLANTS]
 
12                  WASTEWATER TREATMENT PERSONNEL"
 
13      SECTION 3.  Section 342D-1, Hawaii Revised Statutes, is
 
14 amended by amending the definition of "sewage sludge" to read as
 
15 follows:
 
16      ""Sewage sludge" means any solid, semi-solid, or liquid
 
17 residue removed during the treatment of municipal wastewater
 
18 [or], domestic sewage[.], or animal wastewater.  Sewage sludge
 
19 includes[,] but is not limited to[,] solids removed during
 

 
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 1 primary, secondary, or advanced wastewater treatment, scum,
 
 2 septage, portable toilet pumping, Type III Marine Sanitation
 
 3 device pumpings (33 Code of Federal Regulations Part 159), and
 
 4 sewage sludge products.  Sewage sludge does not include grit,
 
 5 screenings, or ash generated during the incineration of sewage
 
 6 sludge."
 
 7      SECTION 4.  Section 342D-4, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "342D-4  Duties; rules.  In addition to any other power or
 
10 duty prescribed by law and in this chapter, the director shall
 
11 prevent, control, and abate water pollution in the State and may
 
12 control all management practices relating to water pollution and
 
13 for domestic sewage, animal wastewater, sewage sludge, and
 
14 [reclaimed] recycled water, whether or not [such] the practices
 
15 cause water pollution.  [Such management practices include
 
16 treatment, processing, storage, transport, use and disposal.] In
 
17 the discharge of this duty, the director may adopt rules pursuant
 
18 to chapter 91 necessary for the purposes of this chapter.  Any
 
19 person heard at the public hearing shall be given written notice
 
20 of the action taken by the department with respect to the rules."
 
21      SECTION 5.  Section 342D-6, Hawaii Revised Statutes, is
 
22 amended by amending subsection (c) to read as follows:
 

 
 
 
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 1      "(c)  The director shall issue a permit for any term, not
 
 2 exceeding five years, if the director determines that it will be
 
 3 in the public interest; provided that the permit may be subject
 
 4 to any reasonable conditions that the director may prescribe.
 
 5 The director may include conditions in permits, including
 
 6 conditions related to management practices for water pollution,
 
 7 or may issue separate permits for management practices for
 
 8 domestic sewage, animal wastewater, sewage sludge, and recycled
 
 9 water whether or not the practices cause water pollution.  [The
 
10 management practices include treatment, processing, storage,
 
11 transport, use, and disposal.] The director, on application,
 
12 shall renew a permit from time to time for a term not exceeding
 
13 five years if the director determines that it will be in the
 
14 public interest.  The director shall not grant or deny an
 
15 application for the issuance or renewal of a permit without
 
16 affording the applicant and any person who commented on the
 
17 proposed permit during the public comment period an opportunity
 
18 for a hearing in accordance with chapter 91.  A request for a
 
19 hearing, a hearing, and any judicial review of the hearing shall
 
20 not stay the effect of the issuance or renewal of a permit unless
 
21 specifically ordered by the director or a court."
 

 
 
 
 
 
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 1      SECTION 6.  Section 342D-8, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  The director, in accordance with law, may enter and
 
 4 inspect any building or place to [investigate]:
 
 5      (1)  Investigate an actual or suspected source of water
 
 6           pollution[;] or management practices for water
 
 7           pollution;
 
 8      (2)  [to investigate] Investigate actual or suspected
 
 9           management practices for domestic sewage, animal
 
10           wastewater, sewage sludge, and recycled water whether
 
11           or not [such] the practices cause water pollution;
 
12      (3)  [to ascertain] Ascertain compliance or noncompliance
 
13           with this chapter[;], any rule or standard adopted by
 
14           the department pursuant to this chapter[;], or any
 
15           permit or other approval granted by the department
 
16           pursuant to this chapter; and
 
17      (4)  [to make] Make reasonable tests in connection
 
18           therewith.  [Management practices include treatment,
 
19           processing, storage, transport, use, and disposal.]"
 
20      SECTION 7.  Section 342D-10, Hawaii Revised Statutes, is
 
21 amended by amending subsection (a) to read as follows:
 

 
 
 
 
 
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 1      "(a)  Notwithstanding any other law to the contrary, if the
 
 2 governor or the director determines that an imminent peril to the
 
 3 public health and safety is or will be caused by the discharge of
 
 4 waste, any combination of discharges of waste, or any management
 
 5 practice that requires immediate action, the governor or the
 
 6 director, without a public hearing, may order any person causing
 
 7 or contributing to the discharge of waste to immediately reduce
 
 8 or stop the discharge, or to reduce, stop, or change the
 
 9 management practice, and may take any and all other actions as
 
10 may be necessary.  The order shall fix a place and time, not
 
11 later than twenty-four hours thereafter, for a hearing to be held
 
12 before the director.  The management practices covered in this
 
13 subsection are those relating to water pollution and for domestic
 
14 sewage, animal wastewater, sewage sludge, and recycled water
 
15 whether or not [such] the practices cause water pollution[, and
 
16 include treatment, processing, storage, transport, use, and
 
17 disposal]."
 
18      SECTION 8.  Section 342D-16, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "[[]342D-16[]  Other action not barred.] Remedies
 
21 preserved.  No existing civil or criminal remedy for any wrongful
 
22 action [which] that is a violation of any statute or any rule of
 

 
 
 
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 1 the department or the ordinance of any county shall be excluded
 
 2 or impaired by this chapter.  No existing civil or criminal
 
 3 remedy shall exclude or impair the remedies provided in this
 
 4 chapter."
 
 5      SECTION 9.  Section 342D-55, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "342D-55  Recordkeeping and monitoring requirements. [The
 
 8 director may require:
 
 9      (1)  Complete and detailed plans or reports, on existing
 
10           works, systems, plants, or management practices, and of
 
11           any proposed addition to, modification of, or
 
12           alteration of any such works, systems, plants, or
 
13           management practices, which contain the information
 
14           requested by the director in the form prescribed by the
 
15           director.  Such plans or reports shall be made by a
 
16           competent person acceptable to the director and at the
 
17           expense of such applicant or owner and
 
18      (2)  The owner or operator of any effluent source, any
 
19           discharger of effluent, or any person engaged in
 
20           management practices to:
 
21           (A)  Establish and maintain records;
 
22           (B)  Make reports;
 

 
 
 
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 1           (C)  Install, use, and maintain monitoring equipment or
 
 2                methods;
 
 3           (D)  Sample effluent, state waters, sewage sludge; and
 
 4           (E)  Provide such other information as the department
 
 5                may require.]
 
 6      (a)  The director may require the owner or operator of any
 
 7 effluent source, works, system, or plant; any discharger of
 
 8 effluent; or the applicant for written authorization under this
 
 9 chapter for the sources or facilities; or any person engaged in
 
10 management practices to:
 
11      (1)  Establish and maintain records;
 
12      (2)  Make reports and plans that shall cover existing
 
13           situations and proposed additions, modifications, and
 
14           alterations;
 
15      (3)  Install, use, and maintain monitoring equipment or
 
16           methods;
 
17      (4)  Sample effluent, state waters, and sewage sludge; and
 
18      (5)  Provide such other information as the department may
 
19           require.
 
20      (b)  The director may require that information and items
 
21 required under subsection (a) be complete and detailed, in a
 
22 prescribed form, made or prepared by a competent person
 

 
 
 
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 1 acceptable to the director, and at the expense of the owner,
 
 2 operator, or applicant.
 
 3      (c)  The management practices covered in this section are
 
 4 those relating to water pollution and for domestic sewage, animal
 
 5 wastewater, sewage sludge, and recycled water whether or not such
 
 6 practices cause water pollution[, and include treatment,
 
 7 processing, storage, transport, use, and disposal]."
 
 8      SECTION 10.  Section 340B-21, Hawaii Revised Statutes, is
 
 9 repealed.
 
10      ["[340B-21]  Certification of private cesspool pumping
 
11 firms.(a)  A private firm must be certified by the board prior
 
12 to engaging in the activity of cesspool pumping.
 
13      (b)  To apply for certification to engage in the activity of
 
14 cesspool pumping a firm must be represented by at least one
 
15 responsible person meeting standards of competency as required by
 
16 rules adopted by the board.  Competency requirements are to
 
17 include the applicant's knowledge of the requirements for proper
 
18 waste disposal.  The applicant shall submit to the board an
 
19 application for certification in a form approved by the board,
 
20 which shall include information on the applicant's prior and
 
21 current involvement in the activity of cesspool pumping and such
 
22 information or credentials as may be required by this chapter or
 

 
 
 
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 1 the rules adopted by the board, and an application fee.  The
 
 2 board shall issue a certificate to an applicant who has satisfied
 
 3 the requirements established by the board.
 
 4      (c)  The board, subject to chapter 91, shall adopt rules as
 
 5 it deems reasonable and proper relating to the activity and
 
 6 certification of cesspool pumping.  The rules of the board may
 
 7 prescribe an original registration fee for the engaging by any
 
 8 firm in the activity of cesspool pumping and an annual renewal
 
 9 fee.
 
10      (d)  Private firms certified pursuant to this section shall
 
11 provide periodic reports to the board as prescribed by the board.
 
12 Such reports are to include, but not be limited to, information
 
13 as to the number of cesspools pumped, their location, and the
 
14 manner of waste disposal.
 
15      (e)  This section shall not apply to federal, state or
 
16 county agencies engaged in the activity of cesspool pumping.
 
17      (f)  A certificate may be revoked, suspended or refused by
 
18 the board upon proof to its satisfaction of violation of this
 
19 chapter or any rule of the board adopted pursuant thereto.  Every
 
20 firm so charged shall be given notice and opportunity for hearing
 
21 in conformity with chapter 91."]
 

 
 
 
 
 
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 1      SECTION 11.  This Act does not affect rights and duties that
 
 2 matured, penalties that were incurred, and proceedings that were
 
 3 begun, before its effective date.  Rules adopted pursuant to the
 
 4 chapters being amended shall remain in effect until the rules are
 
 5 amended, repealed, or replaced.
 
 6      SECTION 12.  All acts passed by the legislature during the
 
 7 regular session of 1999, whether enacted before or after the
 
 8 effective date of this Act, shall be amended to conform to this
 
 9 Act; unless such acts specifically provide that this Act is to be
 
10 amended.
 
11      SECTION 13.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 14.  This Act shall take effect upon its approval.
 
14