Report Title:

Nonpoint Source Pollution; Runoff


Requires the director of health, in controlling nonpoint source pollution, to develop measures to cope with background erosion, turbidity standards, and unusually heavy rainfall. Requires initiation of cooperative agreements to monitor effectiveness of county permits.


S.B. NO.












SECTION 1. The legislature finds that Act 26, Special Session Laws of Hawaii 1995, established an environmental advisory task force to bring representatives of the State, the federal government, the counties, the business community, and environmentalists together to establish statewide environmental goals for Hawaii. Two major goals established by the task force include:

(1) Ensuring that Hawaii's coastal waters are safe and healthy for people and marine plants and animals; and

(2) Protecting and restoring the quality of Hawaii's streams, wetlands, estuaries, and other inland waters for fish and wildlife, recreation, aesthetic enjoyment, and other beneficial uses.

The purpose of this Act is to carry out the goals of the environmental advisory task force.

SECTION 2. Section 342E-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In addition to any other power or duty prescribed by law, the director shall:

(1) Reduce, control, and mitigate nonpoint source pollution in the State;

(2) Adopt rules under chapter 91 necessary for the purposes of this chapter, which may include water quality standards for specific areas, types of nonpoint source pollution discharges, or management measures in the control of water pollution, allowing for varying local conditions;

(3) Develop plans, recommendations, and policies, and provide other support to further [the State's] state and county capacity to carry out the requirements of any federal law, rule, or regulation pertinent to the management or mitigation of nonpoint source pollution[;], including measures to cope with issues such as background erosion, turbidity standards, and unusually heavy rainfall;

(4) Work cooperatively with other state, county, and federal agencies, to facilitate the monitoring of and update the list of waters in the State that cannot reasonably be expected to attain or maintain state water quality standards and goals established under the federal Water Quality Act of 1987 (P.L. 100-4) without additional action to control nonpoint source pollution;

(5) Identify those categories of nonpoint sources that add significant pollution to the state waters identified under paragraph (4);

(6) Facilitate implementation of the best management practices, programs, and measures to control each category of nonpoint source pollution identified under paragraph (5), and encourage nonpoint source pollution mitigation practices including, but not limited to, the use of non-hazardous substances in the household and agroforestry management;

(7) Identify public and private sources of expertise, technical assistance, financial assistance, educational assistance, training, and technology transfer;

(8) Convene statewide and regional public forums involving the general public, the regulatory community, and businesses and industries that may contribute to categories of nonpoint source pollution for the purpose of establishing plans, and developing management strategies and other mitigation measures to control and manage nonpoint source pollution;

(9) Provide funding for projects to demonstrate the best available technology and best management practices for preventing and mitigating nonpoint source pollution;

(10) Provide funding for public initiative projects to encourage education and prevention measures relating to nonpoint source pollution;

(11) Propose legislation, alternate funding mechanisms, policies, and new programs to improve [the State's] state and county capacity to enforce and mitigate nonpoint source pollution; [and]

(12) Review environmental assessments and environmental impact statements as defined under section 343-2 for the purposes of commenting on the effects that a proposed action would have on the level of nonpoint source pollution generated in an area[.]; and

(13) Initiate cooperative arrangements to monitor effectiveness of county grading, grubbing, or soil sediment control permits."

SECTION 3. Statutory material to be repealed is bracketed. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.