Prohibits an individual wastewater system (IWS) or private wastewater treatment works from being constructed or renovated unless its plans and specifications are approved by the DOH. Requires the DOH to certify the operation of an IWS or private wastewater treatment works. Repeals the statute authorizing counties to regulate sewerage and water treatment systems.

A BILL FOR AN ACT

SECTION 1. Chapter 322, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§322- Individual wastewater systems; private wastewater treatment works. (a) No person shall construct or renovate an individual wastewater system or private wastewater treatment works unless the plans and specifications for the individual wastewater system or private wastewater treatment works are submitted to, and approved in writing by, the department of health.

(b) Following the construction or renovation of an individual wastewater system or private wastewater treatment works, but prior to its intended use, the individual wastewater system or private wastewater treatment works shall be inspected and, if found to be operating in a satisfactory manner, certified by the department of health.

(c) Following the inspection and certification of an individual wastewater system or private wastewater treatment works pursuant to subsection (b), the individual wastewater system or private wastewater treatment works shall be periodically reinspected and, if found to be still operating in a satisfactory manner, recertified by the department of health. No person shall use an uncertified individual wastewater system or private wastewater treatment works, or an individual wastewater system or private wastewater treatment works that is operating in an unsatisfactory manner.

(d) The department of health may contract with private companies or individuals with an expertise in planning, designing, constructing, renovating, inspecting, and certifying individual wastewater systems or private wastewater treatment works to implement and enforce this section. To this end, the department may assign any of the powers granted to it under subsections (a) to (c) to the contracted persons or entities.

(e) The department of health shall adopt rules, including necessary fees and civil penalties, to carry out the purposes of this section. The rules shall be adopted in accordance with chapter 91.

The civil penalties adopted by the department of health pursuant to this section shall not exceed $1,000 per day of violation. Any action taken to impose or collect any penalty authorized by this section shall be considered a civil action."

SECTION 2. Section 27-21.6, Hawaii Revised Statutes, is amended to read as follows:

"§27-21.6 Functions reassigned to the counties. The following functions are hereby reassigned to the several counties:

SECTION 3. Section 46-20, Hawaii Revised Statutes, is repealed.

["[§46-20] Regulation of sewerage and wastewater treatment systems. Effective July 1, 1987, counties may implement programs for the regulation of sewerage and wastewater treatment systems in their respective county jurisdictions; except that a county program shall be implemented by that county immediately upon receipt of state funds pursuant to section 27-21.6(5). Each county is authorized to adopt ordinances and rules on the design, construction, and operation of sewerage and treatment systems and shall submit to the director of health, for approval, a full and complete description of the program it proposes to establish and administer under county laws."]

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2001-2002, for the department of health to carry out the purposes of this Act.

SECTION 5. The sum appropriated shall be expended by the department of health.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2001.