Hawaii 2024 Regular Session

Hawaii Senate Bill SB3369 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 3369 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to cesspools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 3369
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	3369
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to cesspools.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	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] an exemption by the director of health pursuant to subsection (b)[,] or (c), shall be: (1) Upgraded or converted to a director-approved wastewater system; or (2) Connected to a sewerage system. (b) The director of health may grant [exemptions] an exemption from the requirements of subsection (a) [to] if the State is unable to present evidence that the cesspool is affecting the State's drinking water supply or recreational waters. (c) The director of health may also grant an exemption from the requirements of subsection (a) if a property [owners of cesspools that apply] owner applies for an exemption and [present] presents documentation showing a legitimate reason that makes it infeasible to upgrade, convert, or connect the [cesspools.] cesspool. 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 depth 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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49	49	SECTION 1. Section 342D-72, Hawaii Revised Statutes, is amended to read as follows:
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51	51	"§342D-72 Cesspools; mandatory upgrade, conversion, or connection. (a) Before January 1, 2050, every cesspool in the State, excluding cesspools granted [exemptions] an exemption by the director of health pursuant to subsection (b)[,] or (c), shall be:
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53	53	(1) Upgraded or converted to a director-approved wastewater system; or
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55	55	(2) Connected to a sewerage system.
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57	57	(b) The director of health may grant [exemptions] an exemption from the requirements of subsection (a) [to] if the State is unable to present evidence that the cesspool is affecting the State's drinking water supply or recreational waters.
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59	59	(c) The director of health may also grant an exemption from the requirements of subsection (a) if a property [owners of cesspools that apply] owner applies for an exemption and [present] presents documentation showing a legitimate reason that makes it infeasible to upgrade, convert, or connect the [cesspools.] cesspool. For the purposes of this subsection, a legitimate reason shall include but not be limited to:
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61	61	(1) Small lot size;
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63	63	(2) Steep topography;
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65	65	(3) Poor soils; or
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67	67	(4) Accessibility issues.
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69	69	[(c)] (d) As used in this section, "cesspool" means an individual wastewater system consisting of an excavation in the ground whose depth 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."
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71	71	SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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73	73	SECTION 3. This Act shall take effect upon its approval.
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77	77	INTRODUCED BY: _____________________________
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79	79	INTRODUCED BY:
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81	81	_____________________________
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87	87	Report Title: Cesspool Conversion; Mandate; Exemption Description: Allows the Director of Health to grant an exemption from the requirement to upgrade, convert, or connect a cesspool if the State is unable to present evidence that the cesspool is affecting the State's drinking water supply or recreational waters. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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95	95	Report Title:
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97	97	Cesspool Conversion; Mandate; Exemption
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101	101	Description:
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103	103	Allows the Director of Health to grant an exemption from the requirement to upgrade, convert, or connect a cesspool if the State is unable to present evidence that the cesspool is affecting the State's drinking water supply or recreational waters.
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111	111	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.