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THE SENATE                              S.B. NO.           
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.  Chapter 340B, Hawaii Revised Statutes, is
 
 2 amended by amending the 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 a new definition to be appropriately inserted
 
10 and to read as follows:
 
11      ""Management practices" include treatment, processing,
 
12 storage, transport, use, and disposal."
 
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 primary,
 

 
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 1 secondary, or advanced wastewater treatment, scum, septage,
 
 2 portable toilet pumping, Type III Marine Sanitation device
 
 3 pumpings (33 Code of Federal Regulations Part 159), and sewage
 
 4 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 water, whether or not such practices cause water
 
15 pollution.  [Such management practices include treatment,
 
16 processing, storage, transport, use and disposal.] In the
 
17 discharge of this duty, the director may adopt rules pursuant to
 
18 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:
 
23      "(c)  The director shall issue a permit for any term, not
 

 
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 1 exceeding five years, if the director determines that it will be
 
 2 in the public interest; provided that the permit may be subject
 
 3 to any reasonable conditions that the director may prescribe.
 
 4 The director may include conditions in permits, including
 
 5 conditions related to management practices for water pollution,
 
 6 or may issue separate permits for management practices for
 
 7 domestic sewage, animal wastewater, and sewage sludge, whether or
 
 8 not the practices cause water pollution.  [The management
 
 9 practices include treatment, processing, storage, transport, use,
 
10 and disposal.] The director, on application, shall renew a permit
 
11 from time to time for a term not exceeding five years if the
 
12 director determines that it will be in the public interest.  The
 
13 director shall not grant or deny an application for the issuance
 
14 or renewal of a permit without affording the applicant and any
 
15 person who commented on the proposed permit during the public
 
16 comment period an opportunity for a hearing in accordance with
 
17 chapter 91.  A request for a hearing, a hearing, and any judicial
 
18 review of the hearing shall not stay the effect of the issuance
 
19 or renewal of a permit unless specifically ordered by the
 
20 director or a court."
 
21      SECTION 6.  Section 342D-8, Hawaii Revised Statutes, is
 
22 amended by amending subsection (a) to read as follows:
 
23      "(a)  The director, in accordance with law, may enter and
 

 
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 1 inspect any building or place to investigate an actual or
 
 2 suspected source of water pollution[;] or management practices
 
 3 for water pollution; to investigate actual or suspected
 
 4 management practices for domestic sewage, animal wastewater, and
 
 5 sewage sludge, whether or not such practices cause water
 
 6 pollution; to ascertain compliance or noncompliance with this
 
 7 chapter[;], any rule or standard adopted by the department
 
 8 pursuant to this chapter[;], or any permit or other approval
 
 9 granted by the department pursuant to this chapter; and to make
 
10 reasonable tests in connection therewith.  [Management practices
 
11 include treatment, processing, storage, transport, use, and
 
12 disposal.]"
 
13      SECTION 7.  Section 342D-10, Hawaii Revised Statutes, is
 
14 amended by amending subsection (a) to read as follows:
 
15      "(a)  Notwithstanding any other law to the contrary, if the
 
16 governor or the director determines that an imminent peril to the
 
17 public health and safety is or will be caused by the discharge of
 
18 waste, any combination of discharges of waste, or any management
 
19 practice that requires immediate action, the governor or the
 
20 director, without a public hearing, may order any person causing
 
21 or contributing to the discharge of waste to immediately reduce
 
22 or stop the discharge, or to reduce, stop, or change the
 
23 management practice, and may take any and all other actions as
 

 
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 1 may be necessary.  The order shall fix a place and time, not
 
 2 later than twenty-four hours thereafter, for a hearing to be held
 
 3 before the director.  The management practices covered in this
 
 4 subsection are those relating to water pollution and for domestic
 
 5 sewage, animal wastewater, and sewage sludge, whether or not such
 
 6 practices cause water pollution[, and include treatment,
 
 7 processing, storage, transport, use, and disposal]."
 
 8      SECTION 8.  Section 342D-16, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "342D-16  [Other action not barred] Remedies preserved.  No
 
11 existing civil or criminal remedy for any wrongful action which
 
12 is a violation of any statute or any rule of the department or
 
13 the ordinance of any county shall be excluded or impaired by this
 
14 chapter.  No existing civil or criminal remedy shall exclude or
 
15 impair the remedies provided in this chapter."
 
16      SECTION 9.  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 practices covered in this section are
 
13 those relating to water pollution and for domestic sewage, animal
 
14 wastewater, and sewage sludge, whether or not such practices
 
15 cause water pollution[, and include treatment, processing,
 
16 storage, transport, use, and disposal]."
 
17      SECTION 10.  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 11.  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 12.  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 13.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 14.  This Act shall take effect upon its approval.
 
20 
 
21                           INTRODUCED BY:  _______________________
 

 
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