STAND. COM. REP. NO. 1148

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 1142
                                        H.D. 3
                                        S.D. 1




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

Sir:

     Your Committee on Labor and Environment, to which was
referred H.B. No. 1142, H.D. 3, entitled: 

     "A BILL FOR AN ACT RELATING TO ENVIRONMENT,"

begs leave to report as follows:

     The purpose of this measure is to transfer the certification
of cesspool pumping operations from the State Board of
Certification to the Department of Health (DOH).

     This measure also expands DOH's authority, under the water
pollution provisions of Chapter 342, Hawaii Revised Statutes, to:

     (1)  Regulate domestic sewage and recycled water;

     (2)  Provide for consistent wastewater penalties; and

     (3)  Allow for search warrants to investigate wastewater
          spills.

     Testimony in support of this measure was received from DOH.
Testimony supporting the measure with amendments was received
from the Department of Environmental Services of the City and
County of Honolulu, Maui County, and Kauai County.

     Your Committee finds that this measure addresses a major
concern of DOH, that is, the suspected illegal dumping of
wastewater such as cesspool pumpings and sludge into the

 
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environment by private pumpers.  The measure also provides DOH
with expanded authority to regulate wastewater spills that
present risks to human health and the environment.

     Your Committee also finds that, currently, the State laws
relating to water pollution do not contain clear guidelines for
the courts to follow when imposing penalties for both civil and
administrative actions.  The Federal Clean Water Act, title 33
United States Code, section 1319(d) and (g), includes an
exhaustive list of factors that are to be taken into
consideration when imposing a penalty.  It would be prudent for
the State Water Pollution Law, which was modeled after the
Federal Clean Water Act, to adopt these penalty factors for
consistency with federal law and for clarity.

     Your Committee has amended this measure by:

     (1)  Adding amendments to the civil and administrative
          penalties sections of the water pollution statutes
          listing the factors that are to be taken into
          consideration when imposing a penalty, modeled after
          the Federal Clean Water Act; and 

     (2)  Amending the definition of "recycled water" to read "is
          treated wastewater that by design is intended or used
          for beneficial purposes" and deleting "reclaimed water"
          from the definition.

     As affirmed by the record of votes of the members of your
Committee on Labor and Environment that is attached to this
report, your Committee is in accord with the intent and purpose
of H.B. No. 1142, H.D. 3, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B.
No. 1142, H.D. 3, S.D. 1, and be referred to the Committee on
Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Labor and
                                   Environment,



                                   ______________________________
                                   BOB NAKATA, Chair

 
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