Bill Text: HI SB368 | 2022 | Regular Session | Amended
Bill Title: Relating To Cesspool Conversion.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Engrossed - Dead) 2022-03-11 - Re-referred to EEP, CPC, FIN, referral sheet 25 [SB368 Detail]
Download: Hawaii-2022-SB368-Amended.html
THE SENATE |
S.B. NO. |
368 |
THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 2 |
|
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) Prior to 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 septic system or aerobic treatment unit system;] a wastewater system
approved by the director; 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,
2024, shall be:
(1) Upgraded
or converted to a septic system, aerobic treatment unit system,
or other wastewater system approved by the director; 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:
"Aerobic treatment unit system" means an individual wastewater system that consists of an aerobic treatment unit tank, aeration device, piping, and a discharge method that is in accordance with rules adopted by the department relating to household aerobic units.
"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,
which 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.
"Septic system" means an individual wastewater system that typically consists of a septic tank, piping, and a drainage field where there is natural biological decontamination as wastewater discharged into the system is filtered through soil."
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.
Report Title:
Cesspool Conversion; Environmental Management Division of the Department of Health
Description:
Removes the limitation on specific types of wastewater systems to which cesspools must be upgraded or converted, and instead requires a cesspool be upgraded or converted to a wastewater system approved by the Department of Health, prior to 1/1/2050. Requires that cesspools within 500 feet of certain bodies of water be upgraded, converted, or connected if they are sold or transferred on or after 1/1/2024. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.