RESOLUTION

WHEREAS, under Hawaii's safe drinking water laws, codified in chapter 340E, Hawaii Revised Statutes, the Department of Health is responsible for safeguarding public health by protecting Hawaii's drinking water from contamination and ensuring that owners and operators of public water systems provide safe drinking water to all residents of the State; and

WHEREAS, under section 340E-2, Hawaii Revised Statutes, the Director of Health is charged with adopting and enforcing the State Primary Drinking Water Regulations to protect health to the extent feasible, using technology, treatment techniques, and other means that are generally available, taking cost into consideration; and

WHEREAS, the Department of Health has set state drinking water maximum contaminant levels based on standards established by the United States Environmental Protection Agency; and

WHEREAS, as required under section 340E-2, Hawaii Revised Statutes, the State Primary Drinking Water Regulations shall not be less stringent than the federal National Primary Drinking Water Regulations adopted pursuant to the Safe Drinking Water Act, Public Law 93-423, as amended, in effect at that time; and

WHEREAS, while the federal standards, as set by the Environmental Protection Agency, are helpful in establishing a baseline standard for the State's Primary Drinking Water Regulations, the Department of Health should not rely upon the federal standards as the sole criteria in setting the State's Primary Drinking Water Regulations; and

WHEREAS, the archipelagic nature of the State imposes acute restrictions on the generation of water resources and severely limits options for obtaining supplies of safe drinking water; and

WHEREAS, the State's unique circumstances may require that standards more stringent than normal be applied to maximum contaminant levels to ensure the safety of the State's drinking water; and

WHEREAS, upcountry Maui is an example of one area where the quality of the drinking water has deteriorated and has become a major cause of concern to residents of that area; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the Senate concurring, that the Department of Health is requested to review its water quality standards and practices, focusing on upcountry Maui, including standards and procedures for timely public notification by Maui water systems administrators of any violations or health concerns posed by system contaminants or additives; and

BE IT FURTHER RESOLVED that the Department of Health work closely with the upcountry Maui community and the Maui County Department of Water Supply to address citizen concerns including plans for remediation of the system, the health impacts of any current or future additives and establishment of a system to receive and respond to citizen concerns; and

BE IT FURTHER RESOLVED that the Director of Health is requested to petition the federal Environmental Protection Agency (EPA) to review adherence to EPA lead and copper rules; and

BE IT FURTHER RESOLVED that the Director of Health is requested to report findings and recommendations to the Legislature, including any necessary proposed legislation, no later than twenty days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health, the Director of the Maui County Department of Water Supply, and the President of the Kula Community Association, as a representative of upcountry Maui.

Report Title:

Safe Drinking Water Standards; DOH Work with Residents