STAND. COM. REP. NO.1459
Honolulu, Hawaii
, 2001
RE: H.B. No. 666
H.D. 1
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Ways and Means, to which was referred H.B. No. 666, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO INDIVIDUAL WASTEWATER SYSTEMS,"
begs leave to report as follows:
The purpose of this measure is to authorize the Department of Health to delegate to the counties the regulation of individual wastewater systems.
In addition, this measure:
(1) Requires the Department of Health to retain concurrent authority to enforce against spills, overflows, discharges, nuisances, and threats to health, safety, or the environment from individual wastewater systems;
(2) Requires the Director of Health to approve a county's proposed program for regulating individual wastewater systems unless the program will interfere with or jeopardize any federal authorization or the State's administration of the National Pollutant Discharge Elimination System, other joint federal-state programs, or existing state laws administered by the Director of Health;
(3) Appropriates the sum of $1 to the several counties for fiscal year 2001-2002, for grants-in-aid for the purpose of financing county operational costs of regulating individual wastewater systems now regulated by Department of Health rules;
(4) Requires all incumbent employees whose functions are affected by this measure to be transferred with their functions and to continue to perform their regular duties upon their transfer; and
(5) Prohibits a tenured employee of the State from suffering any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privileges as a consequence of this measure.
Your Committee finds that an "individual wastewater system" is a facility which is designed to receive and dispose of no more than 1,000 gallons per day of domestic wastewater. Individual wastewater systems may involve treatment processes and include septic tanks and household aerobic units with disposal systems and cesspools. Each individual wastewater system must be an independent system and must have all of its plumbing, treatment (if any), and disposal components separate from any other wastewater system.
Your Committee received testimony in support of this measure from the Mayor of the County of Maui. The University of Hawaii Environmental Center submitted comments on this measure.
Your Committee has amended this measure by:
(1) Adding a provision requiring all rules adopted by the Department of Health relating to individual wastewater systems to remain in full force and effect, and allowing the rules to be enforced by the Department of Health, until such time as they are repealed or amended by the Department of Health and new rules are adopted by the respective counties; and
(2) Adding a provision requiring all appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Department of Health relating to the functions transferred to the several counties to be transferred with the functions to which they relate.
As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 666, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 666, H.D. 1, S.D. 1.
Respectfully submitted on behalf of the members of the Committee on Ways and Means,
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____________________________ BRIAN T. TANIGUCHI, Chair |
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