Report Title:

Water Quality Standards

 

Description:

Amends state water quality standards for inland and marine waters to conform to federal standards.  (SD1)

 

THE SENATE

S.B. NO.

1008

TWENTY-FIFTH LEGISLATURE, 2009

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO WATER QUALITY STANDARDS.

 

 

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

 

     SECTION 1.  The purpose of this Act is to revise certain state water quality standards for inland and marine waters on an interim basis to conform to levels recommended by the State of Hawaii and United States Environmental Protection Agency, until the state department of health proposes, and the United States Environmental Protection Agency approves, standards for the pollutants and indicator organism identified in this Act, pursuant to the review of state water quality standards mandated under section 303(c) of the Federal Water Pollution Control Act of 1972, as amended.  The legislature finds that these revisions are important to the economic or social development of the State, and that these revised standards are adequate to fully protect the designated and existing uses of the State's inland and marine waters.

     SECTION 2.  (a)  In accordance with sections 303(c) and 304(a) of the Federal Water Pollution Act of 1972, as amended, and the United States Environmental Protection Agency National Recommended Water Quality Criteria, the water quality standards, found in the 2006 United States Environmental Protection Agency National Recommended Water Quality Criteria for Toxic Pollutants, are hereby adopted by the State as water quality standards and apply to all state inland and marine waters, except for the following:

     (1)  All priority pollutants and non-priority pollutants: all recommended water quality criteria for the protection of aquatic life in surface water (acute and chronic effects in fresh water and salt water), and for the protection of human health for consumption (organism only); and

     (2)  Except those nationally recommended water quality criteria for arsenic, cadmium, chromium III, chromium VI, copper, lead, mercury, nickel, selenium, silver, and zinc.

     (b)  When there is no nationally recommended criterion promulgated for a priority or non-priority pollutant, relevant provisions in chapter 11‑54, Hawaii Administrative Rules, relating to that pollutant shall not be repealed or deemed inconsistent with this Act and shall remain in effect.

     SECTION 3.  (a)  In accordance with 40 Code of Federal Regulations section 131.41, the State designates as coastal recreation waters all waters up to three miles from shore to a depth of thirty-three meters, excluding areas where water contact recreational activities are prohibited by State or federal law, rule, or regulation.

     (b)  In coastal recreation waters within five hundred meters from the shoreline, enterococcus content shall not exceed a geometric mean of thirty-five colony forming units per one hundred milliliters in not less than five samples which shall be spaced to cover a period between twenty-five and thirty days.  No single sample shall exceed the single sample maximum of one hundred and four colony forming units per one hundred milliliters or the site-specific one-sided seventy-five per cent confidence limit.

     (c)  Coastal recreation waters between five hundred meters and three miles from shore shall be designated as infrequent use coastal recreation waters, and enterococcus content in these waters shall not exceed a geometric mean of thirty-five colony forming units per one hundred milliliters in not less than five samples which shall be spaced to cover a period between twenty‑five and thirty days.  No single sample shall exceed the single sample maximum of five hundred and one colony forming units per one hundred milliliters or the site-specific one-sided ninety-five per cent confidence limit.

     (d)  At locations where samples are taken less frequently than five samples for each twenty-five to thirty days, no single sample shall exceed the single sample maximum nor shall the geometric mean of these samples taken during the twenty-five to thirty-day period exceed thirty-five colony forming units per one hundred milliliters.

     SECTION 4.  Except as provided in section 2(b) of this Act, to the extent that any provision in chapter 11-54, Hawaii Administrative Rules, is inconsistent with this Act, the provision is superseded.  Water quality standards not inconsistent with this Act shall remain in effect.

     SECTION 5.  If any provisions of this Act, or the application thereof to any person or circumstances, is held invalid, the invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 6.  This Act shall take effect on July 1, 2050; provided that the specific water quality standards prescribed in this Act shall take effect upon their approval by the United States Environmental Protection Agency; and provided further that provisions in this Act that relate to any particular pollutant or indicator organism shall be repealed upon the approval by the United States Environmental Protection Agency of water quality standards for the pollutant and indicator organism identified in this Act, following the State's review and adoption of water quality standards pursuant to section 303(c) of the Federal Water Pollution Control Act of 1972, as amended.