Hawaii 2025 Regular Session

Hawaii Senate Bill SB619 Compare Versions

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

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1	1	THE SENATE S.B. NO. 619 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to stream WATER QUALITY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 619
4	4	THIRTY-THIRD LEGISLATURE, 2025
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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13	13	THIRTY-THIRD LEGISLATURE, 2025
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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 stream WATER QUALITY.
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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. 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. (c) After the department of health clean water branch determines that PVT Land Company, Ltd., has: (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: _____________________________
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49	49	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.
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51	51	The legislature further finds that a four-phase proposal, dated July 2024, provides guidance on addressing the contamination.
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53	53	The purpose of this Act is to require the department of health to implement the proposal to address contamination of Ulehawa stream.
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55	55	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.
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57	57	(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.
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59	59	(c) After the department of health clean water branch determines that PVT Land Company, Ltd., has:
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61	61	(1) Satisfied the benchmarks and that the effluent limitations are not exceeded; or
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63	63	(2) Made proper augmentations to satisfy the benchmarks and not exceed effluent limitations,
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65	65	the department of health may proceed to phase 2.
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67	67	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:
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69	69	(1) A definition of the area to be analyzed;
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71	71	(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;
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73	73	(3) Monitoring at appropriate frequencies during the:
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75	75	(A) Wet season of November 1 through April 30; and
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77	77	(B) Dry season of May 1 through October 31;
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79	79	(4) Collecting samples representative of the stream at the time of collection;
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81	81	(5) Comparing the samples with water quality standards and other criteria, including:
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83	83	(A) The basic criteria in sections 11-54-4 and 11-54 Appendix E, Hawaii Administrative Rules, including specific criteria for:
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85	85	(i) Streams in section 11-54-5.2(b)(1), Hawaii Administrative Rules;
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87	87	(ii) Estuaries in section 11-54-5.2(d)(1), Hawaii Administrative Rules; and
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89	89	(iii) Recreational criteria in section 11-54-8, Hawaii Administrative Rules;
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91	91	(B) Basic criteria for at least ninety toxic parameters with sampling data to be compared to:
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93	93	(i) The freshwater acute and chronic criteria;
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95	95	(ii) The saltwater acute and chronic criteria for tidally influenced portions of Ulehawa stream; and
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97	97	(iii) Standards for fish consumption;
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99	99	(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;
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101	101	(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
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103	103	(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;
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105	105	(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
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107	107	(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.
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109	109	(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.
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111	111	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:
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113	113	(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;
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115	115	(2) Identifying all cesspools within each phase 3 zone through the use of dye packs or tracers; and
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117	117	(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.
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119	119	(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.
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121	121	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.
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123	123	(b) The burden of proof will be on the department for enforcing water quality standards on a property owner.
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125	125	(c) The department of health shall demonstrate evidence of the pollutant source, the discharge, and the pollutant release into Ulehawa stream.
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127	127	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:
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129	129	(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;
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131	131	(2) The emergency rules shall be made publicly available on the website of the department of health;
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133	133	(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
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135	135	(4) Any person may appeal the reasonableness of any emergency rule to the circuit court.
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137	137	(b) At the request of the department of health, the university of Hawaii shall provide assistance for purposes of this Act.
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139	139	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.
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141	141	The sums appropriated shall be expended by the department of health for the purposes of this Act.
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143	143	SECTION 8. This Act shall take effect on July 1, 2025.
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147	147	INTRODUCED BY: _____________________________
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149	149	INTRODUCED BY:
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151	151	_____________________________
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157	157	Report Title: Ulehawa Stream; Contamination; DOH; UH; Appropriation Description: Implements a 4-phase plan for the Department of Health to address contamination of Ulehawa Stream. Requires the University of Hawaii to provide assistance. Appropriates moneys. 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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165	165	Report Title:
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167	167	Ulehawa Stream; Contamination; DOH; UH; Appropriation
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171	171	Description:
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173	173	Implements a 4-phase plan for the Department of Health to address contamination of Ulehawa Stream. Requires the University of Hawaii to provide assistance. Appropriates moneys.
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181	181	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.