REPORT TITLE:
Wastewater


DESCRIPTION:
Places certification of cesspool pumping firms with the
Department of Health.  Makes explicit the Department of Health's
authority to deal with recycled water.  Defines "recycled water".
Clarifies qualifications that determine amount of civil penalty
for water pollution.  (HB1142 SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1142
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 3
TWENTIETH LEGISLATURE, 1999                                S.D. 2
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.  Chapter 340B, Hawaii Revised Statutes, is
 
 2 amended by amending its title to read as follows:
 
 3                           "CHAPTER 340B
 
 4            [HAWAII LAW FOR MANDATORY CERTIFICATION OF
 
 5           PRIVATE CESSPOOL PUMPING FIRMS AND OPERATING
 
 6             PERSONNEL IN WASTEWATER TREATMENT PLANTS]
 
 7                  WASTEWATER TREATMENT PERSONNEL"
 
 8      SECTION 2.  Section 342D-1, Hawaii Revised Statutes, is
 
 9 amended by adding two new definitions to be appropriately
 
10 inserted and to read as follows:
 
11      ""Management practices" include treatment, processing,
 
12 storage, transport, use, and disposal.
 
13      "Recycled water" and "reclaimed water" mean treated
 
14 wastewater that by design is intended or used for beneficial
 
15 purposes."
 
16      SECTION 3.  Section 342D-4, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "342D-4  Duties; rules.  In addition to any other power or
 
19 duty prescribed by law and in this chapter, the director shall
 

 
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 1 prevent, control, and abate water pollution in the State and may
 
 2 control all management practices for domestic sewage, sewage
 
 3 sludge, and [reclaimed] recycled water, whether or not [such] the
 
 4 practices cause water pollution.  [Such management practices
 
 5 include treatment, processing, storage, transport, use and
 
 6 disposal.] In the discharge of this duty, the director may adopt
 
 7 rules pursuant to chapter 91 necessary for the purposes of this
 
 8 chapter.  Any person heard at the public hearing shall be given
 
 9 written notice of the action taken by the department with respect
 
10 to the rules."
 
11      SECTION 4.  Section 342D-6, Hawaii Revised Statutes, is
 
12 amended by amending subsection (c) to read as follows:
 
13      "(c)  The director shall issue a permit for any term, not
 
14 exceeding five years, if the director determines that it will be
 
15 in the public interest; provided that the permit may be subject
 
16 to any reasonable conditions that the director may prescribe.
 
17 The director may include conditions in permits or may issue
 
18 separate permits for management practices for domestic sewage,
 
19 sewage sludge, and recycled water, whether or not the practices
 
20 cause water pollution.  [The management practices include
 
21 treatment, processing, storage, transport, use, and disposal.]
 
22 The director, on application, shall renew a permit from time to
 
23 time for a term not exceeding five years if the director
 

 
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 1 determines that it will be in the public interest.  The director
 
 2 shall not grant or deny an application for the issuance or
 
 3 renewal of a permit without affording the applicant and any
 
 4 person who commented on the proposed permit during the public
 
 5 comment period an opportunity for a hearing in accordance with
 
 6 chapter 91.  A request for a hearing[, a hearing,] and any
 
 7 judicial review of the hearing shall not stay the effect of the
 
 8 issuance or renewal of a permit unless specifically ordered by
 
 9 the director or a court."
 
10      SECTION 5.  Section 342D-8, Hawaii Revised Statutes, is
 
11 amended by amending subsection (a) to read as follows:
 
12      "(a)  The director, in accordance with law, may enter and
 
13 inspect any building or place to [investigate]:
 
14      (1)  Investigate an actual or suspected source of water
 
15           pollution; [to investigate] 
 
16      (2)  Investigate actual or suspected management practices
 
17           for domestic sewage, sewage sludge, and recycled water,
 
18           whether or not [such] the practices cause water
 
19           pollution; [to ascertain] 
 
20      (3)  Ascertain compliance or noncompliance with this
 
21           chapter[;], any rule or standard adopted by the
 
22           department pursuant to this chapter[;], or any permit
 
23           or other approval granted by the department pursuant to
 

 
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 1           this chapter; and [to make]
 
 2      (4)  Make reasonable tests in connection therewith.
 
 3           [Management practices include treatment, processing,
 
 4           storage, transport, use, and disposal.]"
 
 5      SECTION 6.  Section 342D-10, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (a) to read as follows:
 
 7      "(a)  Notwithstanding any other law to the contrary, if the
 
 8 governor or the director determines that an imminent peril to the
 
 9 public health and safety is or will be caused by the discharge of
 
10 waste, any combination of discharges of waste, or any management
 
11 practice that requires immediate action, the governor or the
 
12 director, without a public hearing, may order any person causing
 
13 or contributing to the discharge of waste to immediately reduce
 
14 or stop the discharge, or to reduce, stop, or change the
 
15 management practice, and may take any and all other actions as
 
16 may be necessary.  The order shall fix a place and time, not
 
17 later than twenty-four hours thereafter, for a hearing to be held
 
18 before the director.  [The management] Management practices
 
19 covered in this subsection are those for domestic sewage, sewage
 
20 sludge, and recycled water, whether or not [such] the practices
 
21 cause water pollution[, and include treatment, processing,
 
22 storage, transport, use, and disposal]."
 
23      SECTION 7.  Section 342D-16, Hawaii Revised Statutes, is
 

 
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 1 amended to read as follows:
 
 2      "[[]342D-16[]  Other action not barred.] Remedies
 
 3 preserved.  No existing civil or criminal remedy for any wrongful
 
 4 action [which] that is a violation of any statute or any rule of
 
 5 the department or the ordinance of any county shall be excluded
 
 6 or impaired by this chapter.  No existing civil or criminal
 
 7 remedy shall exclude or impair the remedies provided in this
 
 8 chapter."
 
 9      SECTION 8.  Section 342D-30, Hawaii Revised Statutes, is
 
10 amended by amending subsection (a) to read as follows:
 
11      "(a)  Any person who violates this chapter, any rule, or any
 
12 term or condition of a permit or variance issued pursuant to this
 
13 chapter shall be fined not more than $25,000 for each separate
 
14 offense.  Each day of each violation shall constitute a separate
 
15 offense.  Any action taken in court to impose or collect the
 
16 penalty provided for in this section shall be considered a civil
 
17 action.  In determining the amount of a civil penalty the court
 
18 shall consider the seriousness of the violation or violations,
 
19 the economic benefit, if any, resulting from the violation, any
 
20 history of these violations, any good-faith efforts to comply
 
21 with the applicable requirements, the economic impact of the
 
22 penalty on the violator, and any other matters that justice may
 
23 require.  It shall be presumed that the violator's economic and
 

 
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 1 financial conditions allow payment of the penalty, and the burden
 
 2 of proof of the contrary is on the violator."
 
 3      SECTION 9.  Section 342D-31, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (b) to read as follows:
 
 5      "(b)  Factors to be considered in imposing an administrative
 
 6 penalty include:
 
 7      (1)  The nature, circumstances, extent, gravity, and history
 
 8           of the violation and of any prior violations;
 
 9      (2)  The economic benefit to the violator, or anticipated by
 
10           the violator, resulting from the violation;
 
11      (3)  The opportunity, difficulty, and history of corrective
 
12           action;
 
13      (4)  Good faith efforts to comply; [and]
 
14      (5)  Degree of culpability; and
 
15     [(5)] (6)  Such other matters as justice may require."
 
16      SECTION 10.  Section 342D-55, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "342D-55  Recordkeeping and monitoring requirements.  [The
 
19 director may require:
 
20      (1)  Complete and detailed plans or reports, on existing
 
21           works, systems, plants, or management practices, and of
 
22           any proposed addition to, modification of, or
 
23           alteration of any such works, systems, plants, or
 

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

 
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 1           alterations;
 
 2      (3)  Install, use, and maintain monitoring equipment or
 
 3           methods;
 
 4      (4)  Sample effluent, state waters, and sewage sludge; and
 
 5      (5)  Provide such other information as the department may
 
 6           require.
 
 7      (b)  The director may require that information and items
 
 8 required under subsection (a) be complete and detailed, in a
 
 9 prescribed form, made or prepared by a competent person
 
10 acceptable to the director, and at the expense of the owner,
 
11 operator, or applicant.
 
12      (c)  [The management] Management practices covered in this
 
13 section are those for domestic sewage, sewage sludge, and
 
14 recycled water, whether or not such practices cause water
 
15 pollution[, and include treatment, processing, storage,
 
16 transport, use, and disposal]."
 
17      SECTION 11.  Section 340B-21, Hawaii Revised Statutes, is
 
18 repealed.
 
19      ["[340B-21]  Certification of private cesspool pumping
 
20 firms.(a)  A private firm must be certified by the board prior
 
21 to engaging in the activity of cesspool pumping.
 
22      (b)  To apply for certification to engage in the activity of
 
23 cesspool pumping a firm must be represented by at least one
 

 
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 1 responsible person meeting standards of competency as required by
 
 2 rules adopted by the board.  Competency requirements are to
 
 3 include the applicant's knowledge of the requirements for proper
 
 4 waste disposal.  The applicant shall submit to the board an
 
 5 application for certification in a form approved by the board,
 
 6 which shall include information on the applicant's prior and
 
 7 current involvement in the activity of cesspool pumping and such
 
 8 information or credentials as may be required by this chapter or
 
 9 the rules adopted by the board, and an application fee.  The
 
10 board shall issue a certificate to an applicant who has satisfied
 
11 the requirements established by the board.
 
12      (c)  The board, subject to chapter 91, shall adopt rules as
 
13 it deems reasonable and proper relating to the activity and
 
14 certification of cesspool pumping.  The rules of the board may
 
15 prescribe an original registration fee for the engaging by any
 
16 firm in the activity of cesspool pumping and an annual renewal
 
17 fee.
 
18      (d)  Private firms certified pursuant to this section shall
 
19 provide periodic reports to the board as prescribed by the board.
 
20 Such reports are to include, but not be limited to, information
 
21 as to the number of cesspools pumped, their location, and the
 
22 manner of waste disposal.
 
23      (e)  This section shall not apply to federal, state or
 

 
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 1 county agencies engaged in the activity of cesspool pumping.
 
 2      (f)  A certificate may be revoked, suspended or refused by
 
 3 the board upon proof to its satisfaction of violation of this
 
 4 chapter or any rule of the board adopted pursuant thereto.  Every
 
 5 firm so charged shall be given notice and opportunity for hearing
 
 6 in conformity with chapter 91."]
 
 7      SECTION 12.  This Act does not affect rights and duties that
 
 8 matured, penalties that were incurred, and proceedings that were
 
 9 begun, before its effective date.  Rules adopted pursuant to the
 
10 chapters being amended shall remain in effect until the rules are
 
11 amended, repealed, or replaced.
 
12      SECTION 13.  All acts passed by the legislature during the
 
13 regular session of 1999, whether enacted before or after the
 
14 effective date of this Act, shall be amended to conform to this
 
15 Act; unless such acts specifically provide that this Act is to be
 
16 amended.
 
17      SECTION 14.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 15.  This Act shall take effect upon its approval.