STAND. COM. REP. NO. 862

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1024
                                        S.D. 2




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

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
1024, S.D. 1, entitled:

     "A BILL FOR AN ACT RELATING TO ENVIRONMENT,"

begs leave to report as follows:

     The purpose of this bill is to bring all management
practices relating to water pollution, domestic sewage, animal
wastewater, and recycled water under the water pollution law; and
to transfer the certification of private cesspool pumping firms
to the Department of Health.

     Your Committee finds that this bill will increase and make
uniform the maximum penalties that can be assessed against
persons who violate the laws relating to water pollution and the
treatment, processing, storage, transport, use, and disposal of
domestic sewage, animal wastewater, and recycled water.  For
example, a violator who is an individual and who commits a
violation that the individual knows will place another person in
imminent danger of death or serious bodily injury, is subject to
a fine of not more than $250,000, or imprisonment for not more
than fifteen years, or both, under the water pollution law
(chapter 342D, Hawaii Revised Statutes).  In contrast, violations
of the Hawaii law for mandatory certification of private cesspool
pumping firms and operating personnel in wastewater treatment
plants are punishable at most by a petty misdemeanor.

 
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                                   STAND. COM. REP. NO. 862
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     Your Committee also finds that the law relating to the
mandatory certification of private cesspool pumping firms has not
been implemented, and will probably not be implemented in the
foreseeable future, by the board of certification established
pursuant to section 340B-4, Hawaii Revised Statutes.  The law
requiring the certification of private cesspool pumping firms was
enacted in 1987 and essentially took effect on January 1, 1988.

     Your Committee has amended this bill by:

     (1)  Adding a provision clearly indicating that the Director
          of Health's authority with respect to recordkeeping and
          monitoring requirements includes systems and plants
          subject to chapter 340B, Hawaii Revised Statutes, in
          addition to systems and plants subject to chapter 342D,
          Hawaii Revised Statutes;

     (2)  Adding existing statutory material that appears to have
          been inadvertently omitted from section 342D-16, Hawaii
          Revised Statutes (section 8 of the bill); and

     (3)  Making technical, nonsubstantive changes for purposes
          of clarity, consistency, and style.

     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 S.B. No.
1024, S.D. 1, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as S.B. No. 1024, 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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