Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 1142
                                        H.D. 3
                                        S.D. 2

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committee on Judiciary, to which was referred H.B. No.
1142, H.D. 3, S.D. 1, entitled:


begs leave to report as follows:

     The purpose of this bill is to make housekeeping amendments
to the wastewater treatment law.

     In particular, this bill transfers the certification of
cesspool pumping operations from the State Board of Certification
to the Department of Health.  This bill also expands the
Department of Health's authority under the water pollution law to
regulate domestic sewage and recycled water, provide for
consistent wastewater penalties, and allow for search warrants to
investigate wastewater spills.

     Your Committee received testimony in favor of this measure
from the Department of Health.  Testimony supporting the measure
with amendments was received from the City and County of Honolulu
Department of Environmental Services.

     Your Committee finds that this bill addresses a major
concern of the Department of Health, namely, the suspected
illegal dumping of wastewater such as cesspool pumpings and
sludge into the environment by private pumpers.  While existing

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law requires the State Board of Certification to certify cesspool
pumping firms, this requirement has never been implemented
because of a lack of time and resources.  Your Committee finds
that placing these requirements within the jurisdiction of the
Department of Health will result in more effective control of
illegal dumpings since the department has greater resources to
address this problem.

     Your Committee further finds that this bill also provides
the department with expanded authority to regulate wastewater
spills that present risks to human health and the environment,
including allowing the department to obtain search warrants to
gain access to private property to investigate the deliberate
installation of unauthorized wastewater systems and other
suspected illegal spills and dumping, and the imposition of
appropriate penalties.

     Upon further consideration, your Committee has amended this
bill by reinserting the term "reclaimed water" back into the
definition of "recycled water".  Your Committee finds that the
two terms are synonymous and that the inclusion of both terms in
the law provides continuity with other existing state laws and
rules that refer to reclaimed water.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
1142, H.D. 3, S.D. 1, as amended herein, and recommends that it
pass Third Reading in the form attached hereto as H.B. No. 1142,
H.D. 3, S.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,

                                   AVERY B. CHUMBLEY, Co-Chair

                                   MATTHEW M. MATSUNAGA, Co-Chair

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