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HOUSE OF REPRESENTATIVES

H.B. NO.

666

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO INDIVIDUAL WASTEWATER SYSTEMS.

 

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

SECTION 1. The responsibility for regulating individual wastewater systems, now covered by department of health rules, shall be delegated to the counties from the department of health in a manner that does not interfere with or jeopardize the federal authorization of the State's administration of the National Pollutant Discharge Elimination System. These department of health rules now include pre-construction and pre-use review and enforcement. The department shall retain concurrent authority to enforce against spills, overflows, discharges, nuisances, and threats to health, safety, or the environment from individual wastewater systems.

SECTION 2. Section 342D-19, Hawaii Revised Statutes, is amended to read as follows:

"[[]342D-19[]] Effect of laws, ordinances, and rules.

(a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect.

(b) Any county may adopt ordinances and rules governing any matter relating to water pollution control [which] that is not governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to water pollution control shall be void and of no effect as to any matter regulated by a rule of the department upon the adoption thereof except as explicitly allowed by departmental rule or as provided in subsection (c).

(c) Any county desiring to administer its own laws, ordinances, and rules on the design, construction, use, and operation of individual wastewater systems, sewerage, and treatment facilities may submit to the director a full and complete description of the program it proposes to establish and administer under county law. In addition, the county shall submit a statement from its corporation counsel or county attorney that the laws of the county provide adequate authority [and the standards are equal to or more stringent than the standards of the department] to carry out the described program. The director shall approve each [such] submitted program unless the director determines that either adequate authority does not exist or the proposed [standards are less stringent than those of the department.] program will interfere with or jeopardize any federal authorization or the State's administration of the

National Pollutant Discharge Elimination System, other joint federal-state programs, or existing state laws administered by the director."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $901,864, or so much thereof as may be necessary, for the fiscal year 2001-2002 for grants-in-aid for the purpose of financing county operational costs of regulating individual wastewater systems now regulated by the department of health rules. The general revenues, or as much as will be necessary, will be distributed in the following manner:

City and County of Honolulu $523,881

County of Maui $117,522

County of Kauai $112,435

County of Hawaii $148,026

The grants-in-aid to each county shall be made after the county and the department of health agree on the details of the delegation of responsibility.

SECTION 4. The sums appropriated shall be expended by the respective counties for the purposes of this act.

SECTION 5. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

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