SB619

SECTION 1. The legislature finds that Ulehawa stream is contaminated. The main source of the contamination is believed to be the PVT Integrated Solid Waste Management Facility at 87‑2020 Farrington highway, Waianae, Hawaii 96792, which is operated by PVT Land Company, Ltd.

The legislature further finds that a four-phase proposal, dated July 2024, provides guidance on addressing the contamination.

The purpose of this Act is to require the department of health to implement the proposal to address contamination of Ulehawa stream.

SECTION 2. Phase 1; verifying compliance with the national pollutant discharge elimination system permit effluent limitations and benchmark monitoring Requirements. (a) The department of health clean water branch shall review reports submitted by PVT Land Company, Ltd., under the national pollutant discharge elimination system permit effluent limitations and benchmark monitoring requirements.

(b) If any report indicates that the benchmarks are not satisfied or the effluent limitations are exceeded, the department of health clean water branch shall assist PVT Land Company, Ltd., to determine whether drainage or stormwater pollution control measures should be augmented.

(1) Satisfied the benchmarks and that the effluent limitations are not exceeded; or

(2) Made proper augmentations to satisfy the benchmarks and not exceed effluent limitations,

the department of health may proceed to phase 2.

SECTION 3. Phase 2; plan for samples and analysis. (a) Following the completion of phase 1, the department of health shall develop a plan to take samples and perform analysis of the extent of contamination in Ulehawa stream. The plan under this section shall be known as the phase 2 plan and shall include:

(1) A definition of the area to be analyzed;

(2) Dividing Ulehawa stream into zones for screening purposes with monitoring stations upstream and downstream of each zone. Each downstream monitoring station shall be representative of the upstream zone;

(3) Monitoring at appropriate frequencies during the:

(A) Wet season of November 1 through April 30; and

(B) Dry season of May 1 through October 31;

(4) Collecting samples representative of the stream at the time of collection;

(5) Comparing the samples with water quality standards and other criteria, including:

(A) The basic criteria in sections 11-54-4 and 11-54 Appendix E, Hawaii Administrative Rules, including specific criteria for:

(i) Streams in section 11-54-5.2(b)(1), Hawaii Administrative Rules;

(ii) Estuaries in section 11-54-5.2(d)(1), Hawaii Administrative Rules; and

(iii) Recreational criteria in section 11-54-8, Hawaii Administrative Rules;

(B) Basic criteria for at least ninety toxic parameters with sampling data to be compared to:

(i) The freshwater acute and chronic criteria;

(ii) The saltwater acute and chronic criteria for tidally influenced portions of Ulehawa stream; and

(iii) Standards for fish consumption;

(C) Specific criteria for streams and estuaries containing criteria for nutrients, solids, dissolved oxygen, pH, and temperature with different criteria for the wet season of November 1 through April 30 and the dry season of May 1 through October 31; provided that sampling data shall be compared to the geometric mean and shall not exceed the given value by more than two per cent during those respective times;

(D) Recreational criteria for enterococci, the bacteria that live in the intestinal tracts of humans and other warm-blooded animals, for purposes of measuring potential contamination of streams and rivers by fecal waste; provided that sampling data shall be compared to the geometric mean and statistical threshold value; and

(E) Salinity measurements to determine which parts of Ulehawa stream are tidally influenced by the ocean and where the estuary water quality standards criteria apply;

(6) An authorization that any zone that meets all applicable water quality standards over the course of one year of sampling may be removed from the screening process; and

(7) A requirement that each zone that does not satisfy the applicable water quality standards shall be used for phase 3 and shall be known as phrase 3 zones.

(b) The department of health shall implement the phase 2 plan or enter into a contract with a private entity to implement the phase 2 plan.

SECTION 4. Phase 3; investigation. (a) The department of health shall establish a plan to investigate each phase 3 zone. (b) The plan under this section shall be known as the phase 3 plan and shall include:

(1) Investigating all properties bordering or in the vicinity of Ulehawa stream in each phase 3 zone with a requirement for investigators to walk on both sides of the stream in each phase 3 zone to check all adjacent properties for illicit discharges, activities and evidence of water pollution, and pipes draining into the stream;

(2) Identifying all cesspools within each phase 3 zone through the use of dye packs or tracers; and

(3) Additional sampling as necessary, including that if the investigators determine that a homeowner is releasing pollutants into Ulehawa stream during rain events, that stormwater samples be concentrated, collected, and analyzed from the property.

(c) The department of health shall implement the phase 3 plan or enter into a contract with a private or nonprofit entity to implement the phase 3 plan.

SECTION 5. Phase 4; regulatory action. (a) The department of health shall take regulatory action, including restoration and corrective action, on all property owners identified in phase 3 as causing or contributing to contamination of Ulehawa stream.

(b) The burden of proof will be on the department for enforcing water quality standards on a property owner.

(c) The department of health shall demonstrate evidence of the pollutant source, the discharge, and the pollutant release into Ulehawa stream.

SECTION 6. General provisions. (a) The department of health may adopt emergency rules without regard to chapter 91, Hawaii Revised Statutes, for purposes of this Act; provided that:

(1) A draft of the proposed emergency rules shall be made publicly available on the website of the department of health not less than thirty days before the effective date of the emergency rules;

(2) The emergency rules shall be made publicly available on the website of the department of health;

(3) Proposed amendments to the emergency rules shall made publicly available on the website of the department of health not less than thirty days before the effective date of the amendment; and

(4) Any person may appeal the reasonableness of any emergency rule to the circuit court.

(b) At the request of the department of health, the university of Hawaii shall provide assistance for purposes of this Act.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for implementation of sections 3, 4, and 5 of this Act.

The sums appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 8. This Act shall take effect on July 1, 2025.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	619
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII