HOUSE OF REPRESENTATIVES
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO CESSPOOLS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the continued use of cesspools poses a risk to the health and safety of the public. Hawaii is the only state that permits the installation of new cesspools. There are approximately eighty-seven thousand cesspools throughout the State that pose a risk to water resources. Of those, approximately six thousand seven hundred cesspools are located within two hundred feet of a perennial stream channel.
The legislature also finds that cesspools pose unacceptable sanitation and environmental risks, including the potential for raw sewage to contaminate oceans, streams, and ground water. Cesspools in Hawaii release approximately fifty-five million gallons of untreated sewage, 23,700 pounds of nitrogen, and nearly six thousand pounds of phosphorus into the ground each day.
The purpose of this Act is to prohibit the installation of new cesspools and the connection of new buildings to existing cesspools.
SECTION 2. Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to part IV, to be appropriately designated and to read as follows:
"§342D- Cesspools prohibited. (a) No approval for the new installation of a cesspool or new construction of a structure, building, or residence to be served by a cesspool shall be issued after December 31, 2016.
(b) The department may adopt rules pursuant to chapter 91 that establish standards and criteria for exceptions to this section.
(c) As used in this section, "cesspool" means an individual wastewater system consisting of an excavation in the ground the depth of which is greater than its widest surface dimension, which receives untreated wastewater and retains or is designed to retain the organic matter and solids discharging therein, but permits the liquid to seep through its bottom or sides to gain access to the underground geologic formation."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2030.
Prohibits new installation of a cesspool and new construction served by a cesspool after December 31, 2016. Authorizes DOH to develop rules for exceptions. (HB1141 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.