THE SENATE	S.B. NO.	429
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CESSPOOL CONVERSION.

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

SECTION 1. Section 342D-72, Hawaii Revised Statutes, is amended to read as follows:

"§342D-72 Cesspools; mandatory upgrade, conversion, or connection. (a) Before January 1, 2050, every cesspool in the State, excluding cesspools granted exemptions by the director [of health] pursuant to subsection [(b),] (c), shall be:

(1) Upgraded or converted to a director-approved wastewater system; or

(2) Connected to a sewerage system.

(b) Any cesspool located within five hundred feet of a shoreline, drinking water well, or sensitive body of water on real property that is sold, or the ownership of which is transferred, on or after January 1, 2026, shall be:

(1) Upgraded or converted to a septic system, aerobic treatment unit system, or other director-approved wastewater system; or

(2) Connected to a sewerage system at the time of sale or transfer of ownership of the real property.

[(b)] (c) The director [of health] may grant exemptions from the requirements of subsection (a) to property owners of cesspools that apply for an exemption and present documentation showing a legitimate reason that makes it infeasible to upgrade, convert, or connect the cesspools. For the purposes of this subsection, a legitimate reason shall include but not be limited to:

(1) Small lot size;

(2) Steep topography;

(3) Poor soils; or

(4) Accessibility issues.

[(c)] (d) As used in this section, "cesspool" means an individual wastewater system consisting of an excavation in the ground [whose] the depth of which is greater than its widest surface dimension, that receives untreated wastewater, and retains, or is designed to retain, the organic matter and solids discharged into it, but permits the liquid to seep through its bottom or sides to gain access to the underground geographic formation."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:

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Report Title:

Cesspool Conversion; Department of Health

Description:

Requires that cesspools within five hundred feet of certain bodies of water be upgraded, converted, or connected if sold or transferred on or after 1/1/2026.

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