REPORT TITLE:
Wastewater


DESCRIPTION:
Places certification of cesspool pumping firms with the
Department of Health.  Makes explicit the Department of Health's
authority to deal with recycled water.  Defines "recycled water"
or "reclaimed water" to mean wastewater that by design has been
treated at a treatment works and is intended or used for a
beneficial purpose.  (HB1142 HD3)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1142
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 3
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ENVIRONMENT.



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

 1      SECTION 1.  Chapter 340B, Hawaii Revised Statutes, is
 
 2 amended by amending its title to read as follows:
 
 3                           "CHAPTER 340B
 
 4            [HAWAII LAW FOR MANDATORY CERTIFICATION OF
 
 5           PRIVATE CESSPOOL PUMPING FIRMS AND OPERATING
 
 6             PERSONNEL IN WASTEWATER TREATMENT PLANTS]
 
 7                  WASTEWATER TREATMENT PERSONNEL"
 
 8      SECTION 2.  Section 342D-1, Hawaii Revised Statutes, is
 
 9 amended by adding two new definitions to be appropriately
 
10 inserted and to read as follows:
 
11      ""Management practices" include treatment, processing,
 
12 storage, transport, use, and disposal."
 
13      ""Recycled water" and "reclaimed water" mean wastewater that
 
14 by design has been treated at a treatment works and is intended
 
15 or used for a beneficial purpose."
 
16      SECTION 3.  Section 342D-4, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "§342D-4  Duties; rules.  In addition to any other power or
 
19 duty prescribed by law and in this chapter, the director shall
 
20 prevent, control, and abate water pollution in the State and may
 

 
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 1 control all management practices for domestic sewage, sewage
 
 2 sludge, and [reclaimed] recycled water, whether or not [such] the
 
 3 practices cause water pollution.  [Such management practices
 
 4 include treatment, processing, storage, transport, use and
 
 5 disposal.] In the discharge of this duty, the director may adopt
 
 6 rules pursuant to chapter 91 necessary for the purposes of this
 
 7 chapter.  Any person heard at the public hearing shall be given
 
 8 written notice of the action taken by the department with respect
 
 9 to the rules."
 
10      SECTION 4.  Section 342D-6, Hawaii Revised Statutes, is
 
11 amended by amending subsection (c) to read as follows:
 
12      "(c)  The director shall issue a permit for any term, not
 
13 exceeding five years, if the director determines that it will be
 
14 in the public interest; provided that the permit may be subject
 
15 to any reasonable conditions that the director may prescribe.
 
16 The director may include conditions in permits or may issue
 
17 separate permits for management practices for domestic sewage,
 
18 sewage sludge, and recycled water, whether or not the practices
 
19 cause water pollution.  [The management practices include
 
20 treatment, processing, storage, transport, use, and disposal.]
 
21 The director, on application, shall renew a permit from time to
 
22 time for a term not exceeding five years if the director
 
23 determines that it will be in the public interest.  The director
 

 
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 1 shall not grant or deny an application for the issuance or
 
 2 renewal of a permit without affording the applicant and any
 
 3 person who commented on the proposed permit during the public
 
 4 comment period an opportunity for a hearing in accordance with
 
 5 chapter 91.  A request for a hearing[, a hearing,] and any
 
 6 judicial review of the hearing shall not stay the effect of the
 
 7 issuance or renewal of a permit unless specifically ordered by
 
 8 the director or a court."
 
 9      SECTION 5.  Section 342D-8, Hawaii Revised Statutes, is
 
10 amended by amending subsection (a) to read as follows:
 
11      "(a)  The director, in accordance with law, may enter and
 
12 inspect any building or place to [investigate]:
 
13      (1)  Investigate an actual or suspected source of water
 
14           pollution; [to investigate] 
 
15      (2)  Investigate actual or suspected management practices
 
16           for domestic sewage, sewage sludge, and recycled water,
 
17           whether or not [such] the practices cause water
 
18           pollution; [to ascertain] 
 
19      (3)  Ascertain compliance or noncompliance with this
 
20           chapter[;], any rule or standard adopted by the
 
21           department pursuant to this chapter[;], or any permit
 
22           or other approval granted by the department pursuant to
 
23           this chapter; and [to make]
 

 
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 1      (4)  Make reasonable tests in connection therewith.
 
 2           [Management practices include treatment, processing,
 
 3           storage, transport, use, and disposal.]"
 
 4      SECTION 6.  Section 342D-10, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (a) to read as follows:
 
 6      "(a)  Notwithstanding any other law to the contrary, if the
 
 7 governor or the director determines that an imminent peril to the
 
 8 public health and safety is or will be caused by the discharge of
 
 9 waste, any combination of discharges of waste, or any management
 
10 practice that requires immediate action, the governor or the
 
11 director, without a public hearing, may order any person causing
 
12 or contributing to the discharge of waste to immediately reduce
 
13 or stop the discharge, or to reduce, stop, or change the
 
14 management practice, and may take any and all other actions as
 
15 may be necessary.  The order shall fix a place and time, not
 
16 later than twenty-four hours thereafter, for a hearing to be held
 
17 before the director.  [The management] Management practices
 
18 covered in this subsection are those for domestic sewage, sewage
 
19 sludge, and recycled water, whether or not [such] the practices
 
20 cause water pollution[, and include treatment, processing,
 
21 storage, transport, use, and disposal]."
 
22      SECTION 7.  Section 342D-16, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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 1      "[[]§342D-16[]  Other action not barred.] Remedies
 
 2 preserved.  No existing civil or criminal remedy for any wrongful
 
 3 action [which] that is a violation of any statute or any rule of
 
 4 the department or the ordinance of any county shall be excluded
 
 5 or impaired by this chapter.  No existing civil or criminal
 
 6 remedy shall exclude or impair the remedies provided in this
 
 7 chapter."
 
 8      SECTION 8.  Section 342D-55, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§342D-55  Recordkeeping and monitoring requirements. [The
 
11 director may require:
 
12      (1)  Complete and detailed plans or reports, on existing
 
13           works, systems, plants, or management practices, and of
 
14           any proposed addition to, modification of, or
 
15           alteration of any such works, systems, plants, or
 
16           management practices, which contain the information
 
17           requested by the director in the form prescribed by the
 
18           director.  Such plans or reports shall be made by a
 
19           competent person acceptable to the director and at the
 
20           expense of such applicant or owner and
 
21      (2)  The owner or operator of any effluent source, any
 
22           discharger of effluent, or any person engaged in
 
23           management practices to:
 
24           (A)  Establish and maintain records;
 

 
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                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1           (B)  Make reports;
 
 2           (C)  Install, use, and maintain monitoring equipment or
 
 3                methods;
 
 4           (D)  Sample effluent, state waters, sewage sludge; and
 
 5           (E)  Provide such other information as the department
 
 6                may require.]
 
 7      (a)  The director may require the owner or operator of any
 
 8 effluent source, works, system, or plant; any discharger of
 
 9 effluent; or the applicant for written authorization under this
 
10 chapter for such sources or facilities; or any person engaged in
 
11 management practices to:
 
12      (1)  Establish and maintain records;
 
13      (2)  Make reports and plans that shall cover existing
 
14           situations and proposed additions, modifications, and
 
15           alterations;
 
16      (3)  Install, use, and maintain monitoring equipment or
 
17           methods;
 
18      (4)  Sample effluent, state waters, and sewage sludge; and
 
19      (5)  Provide such other information as the department may
 
20           require.
 
21      (b)  The director may require that information and items
 
22 required under subsection (a) be complete and detailed, in a
 
23 prescribed form, made or prepared by a competent person
 

 
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 1 acceptable to the director, and at the expense of the owner,
 
 2 operator, or applicant.
 
 3      (c)  [The management] Management practices covered in this
 
 4 section are those for domestic sewage, sewage sludge, and
 
 5 recycled water, whether or not such practices cause water
 
 6 pollution[, and include treatment, processing, storage,
 
 7 transport, use, and disposal]."
 
 8      SECTION 9.  Section 340B-21, Hawaii Revised Statutes, is
 
 9 repealed.
 
10      ["[§340B-21]  Certification of private cesspool pumping
 
11 firms.(a)  A private firm must be certified by the board prior
 
12 to engaging in the activity of cesspool pumping.
 
13      (b)  To apply for certification to engage in the activity of
 
14 cesspool pumping a firm must be represented by at least one
 
15 responsible person meeting standards of competency as required by
 
16 rules adopted by the board.  Competency requirements are to
 
17 include the applicant's knowledge of the requirements for proper
 
18 waste disposal.  The applicant shall submit to the board an
 
19 application for certification in a form approved by the board,
 
20 which shall include information on the applicant's prior and
 
21 current involvement in the activity of cesspool pumping and such
 
22 information or credentials as may be required by this chapter or
 
23 the rules adopted by the board, and an application fee.  The
 

 
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                                     H.B. NO.           H.D. 3
                                                        
                                                        

 
 1 board shall issue a certificate to an applicant who has satisfied
 
 2 the requirements established by the board.
 
 3      (c)  The board, subject to chapter 91, shall adopt rules as
 
 4 it deems reasonable and proper relating to the activity and
 
 5 certification of cesspool pumping.  The rules of the board may
 
 6 prescribe an original registration fee for the engaging by any
 
 7 firm in the activity of cesspool pumping and an annual renewal
 
 8 fee.
 
 9      (d)  Private firms certified pursuant to this section shall
 
10 provide periodic reports to the board as prescribed by the board.
 
11 Such reports are to include, but not be limited to, information
 
12 as to the number of cesspools pumped, their location, and the
 
13 manner of waste disposal.
 
14      (e)  This section shall not apply to federal, state or
 
15 county agencies engaged in the activity of cesspool pumping.
 
16      (f)  A certificate may be revoked, suspended or refused by
 
17 the board upon proof to its satisfaction of violation of this
 
18 chapter or any rule of the board adopted pursuant thereto.  Every
 
19 firm so charged shall be given notice and opportunity for hearing
 
20 in conformity with chapter 91."]
 
21      SECTION 10.  This Act does not affect rights and duties that
 
22 matured, penalties that were incurred, and proceedings that were
 
23 begun, before its effective date.  Rules adopted pursuant to the
 

 
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 1 chapters being amended shall remain in effect until the rules are
 
 2 amended, repealed, or replaced.
 
 3      SECTION 11.  All acts passed by the legislature during the
 
 4 regular session of 1999, whether enacted before or after the
 
 5 effective date of this Act, shall be amended to conform to this
 
 6 Act; unless such acts specifically provide that this Act is to be
 
 7 amended.
 
 8      SECTION 12.  Statutory material to be repealed is bracketed.
 
 9 New statutory material is underscored.
 
10      SECTION 13.  This Act shall take effect upon its approval.