Report Title:

Water Pollution; Nonfederal Wetlands

Description:

Amends definition of "state waters" to include anchialine ponds and nonfederal wetlands; defines "anchialine ponds" and "nonfederal wetlands".

HOUSE OF REPRESENTATIVES	H.B. NO.	1574
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to water pollution.

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

     SECTION 1.  Section 342D-1, Hawaii Revised Statutes, is amended as follows:

     1.  By adding two new definitions to be appropriately inserted and to read:

     ""Anchialine ponds" means bodies of water that are land-locked pools, having measurable salinity, with no surface connection to the sea, yet showing tidal fluctuations indicating an indirect connection to the ocean.

"Nonfederal wetlands" means areas, as designated on maps prepared by the department, that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions that:

(1) Generally include swamps, marshes, bogs, and similar areas; and

(2) Are areas that are not subject to regulation by the United States Army Corp of Engineers."

     2.  By amending the definition of "state waters" to read as follows:

     ""State waters" means all waters, fresh, brackish, or salt, around and within the State, including, but not limited to, coastal waters, anchialine ponds, streams, rivers, drainage ditches, ponds, reservoirs, canals, ground waters, nonfederal wetlands, and lakes; provided that drainage ditches, ponds, and reservoirs required as a part of a water pollution control system are excluded."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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