Hawaii Senate Bill SCR3

Hawaii 2023 Regular Session

• Introduced: 1/25/23
• Refer: 1/30/23
• Report Pass: 3/30/23

Caption

Requesting The Department Of Health To Adopt Rules For A Permit To Discharge Pollutants That Include The Major Factors That Are Considered In Identifying The Functional Equivalent Of A Direct Discharge For Point Sources Or Nonpoint Sources.

Impact

If enacted, SCR3 would significantly influence how the Department of Health manages discharge permits within Hawaii, establishing clearer guidelines that inform both regulators and dischargers regarding compliance with the National Pollutant Discharge Elimination System (NPDES). This clarification is expected to enhance the state's ability to regulate water pollution effectively, ensuring that pollutants are managed in alignment with federal standards and scientific principles. As a result, it may lead to improved water quality in the state's navigable waters, aligning state practices with the intent of the Clean Water Act.

Summary

Senate Concurrent Resolution 3 (SCR3) is a legislative proposal aimed at requesting the Hawaii Department of Health to adopt rules necessary for a permit that controls the discharge of pollutants into the state’s waters. The resolution specifically seeks to address the identification of what constitutes the 'functional equivalent of a direct discharge' for both point and nonpoint sources, referencing rulings by the United States Supreme Court that hold significant implications for state water regulation. The resolution arises from the complexities involved in determining this functional equivalency, which includes considerations of time and distance traveled by pollutants, the materials through which these pollutants move, and how their concentration changes during transit.

Contention

While SCR3 was passed unanimously by the Senate Health and Human Services committee, there may be discussions and varying opinions regarding the approach to enforcement and compliance. Key stakeholders, including environmental advocacy groups, might be concerned about how rigorous the new rules will be. The balance between economic development and environmental stewardship will likely surface as a point of contention, as different interest groups advocate for their perspectives on how best to regulate water pollutants. Nevertheless, the intent of the resolution points towards more stringent controls on pollutant discharge, which could invoke debate during public hearings or further legislative discussions.