| 47 | | - | SECTION 1. Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows: "§342D- Testing for perfluoroalkyl and polyfluoroalkyl substances. A wastewater treatment works that has been designed and approved for land application of its sewage sludge shall test sewage sludge and any other residual material that is intended for land application for the presence of perfluoroalkyl and polyfluoroalkyl substances." SECTION 2. Section 342D-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: ""Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means fluorinated substances that contain either a perfluoroalkyl moiety with two adjacent fully fluorinated carbons or perfluoroalkyl ether moiety; or at least one full fluorinated methyl or methylene carbon atom without any hydrogen, chlorine, bromine, or iodine atom attached to it. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" includes any chemical with at least a perfluorinated methyl group (-CF3) or a perfluorinated methylene group (CF2-)." SECTION 3. Section 342D-5, Hawaii Revised Statutes, is amended to read as follows: "[[]§342D-5[]] Rules; specific. The director may establish by rule, water quality standards, effluent standards, treatment and pretreatment standards, and standards of performance for specific areas and types of discharges in the control of water pollution, thereby allowing for varying local conditions[.]; provided that the director shall adopt rules providing for the safe disposal and sequestration of sewage sludge and other residual materials accumulated at a wastewater treatment works that contain specific amounts of perfluoroalkyl and polyfluoroalkyl substances." SECTION 4. Section 342D-6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) The director shall issue a permit for any term, not exceeding five years, if the director determines that it will be in the public interest; provided that the permit may be subject to any reasonable conditions that the director may prescribe. The director may include conditions in permits or may issue separate permits for management practices for domestic sewage, sewage sludge, and recycled water, regardless of whether the practices cause water pollution[.]; provided that if testing conducted pursuant to section 342D- yields any amount of perfluoroalkyl or polyfluoroalkyl substances in sewage sludge or any other residual material, a permit shall not authorize the land application of that sewage sludge or other residual material on land used for agronomic purposes, on land where drainage tiles have been installed, on land that drains into waters of the State, or lands in a five hundred-year floodplain. The director, on application, shall renew a permit from time to time, for a term not exceeding five years, if the director determines that it will be in the public interest. The director shall not grant or deny an application for the issuance or renewal of a permit without affording the applicant and any person who commented on the proposed permit during the public comment period an opportunity for a hearing in accordance with chapter 91. A request for a hearing and any judicial review of the hearing shall not stay the effect of the issuance or renewal of a permit unless specifically ordered by the director or an environmental court." SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on December 31, 2050. |
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| 47 | + | SECTION 1. Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows: "§342D- Testing for perfluoroalkyl and polyfluoroalkyl substances. A wastewater treatment plant shall test sewage sludge and any other residual material that is intended for land application for the presence of perfluoroalkyl and polyfluoroalkyl substances." SECTION 2. Section 342D-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows: ""Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning as defined in section 321-601." SECTION 3. Section 342D-4, Hawaii Revised Statutes, is amended to read as follows: "§342D-4 Duties; rules. In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate water pollution in the State and may control all management practices for domestic sewage, sewage sludge, [and] recycled water, and other residual materials or sewage sludge accumulated at a wastewater treatment plant that may contain any amount of perfluoroalkyl and polyfluoroalkyl substances, whether or not the practices cause water pollution. In the discharge of this duty, the director may adopt rules pursuant to chapter 91 necessary for the purposes of this chapter. Any person heard at the public hearing shall be given written notice of the action taken by the department with respect to the rules." SECTION 4. Section 342D-5, Hawaii Revised Statutes, is amended to read as follows: "[[]§342D-5[]] Rules; specific. The director may establish by rule, water quality standards, effluent standards, treatment and pretreatment standards, and standards of performance for specific areas and types of discharges in the control of water pollution, thereby allowing for varying local conditions[.]; provided that the director shall adopt rules providing for the safe disposal and sequestration of sewage sludge and other residual materials accumulated at a wastewater treatment plant that contain any amount of perfluoroalkyl and polyfluoroalkyl substances." SECTION 5. Section 342D-6, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) The director shall issue a permit for any term, not exceeding five years, if the director determines that it will be in the public interest; provided that the permit may be subject to any reasonable conditions that the director may prescribe. The director may include conditions in permits or may issue separate permits for management practices for domestic sewage, sewage sludge, and recycled water, regardless of whether the practices cause water pollution[.]; provided that if testing conducted pursuant to section 342D- yields any amount of perfluoroalkyl or polyfluoroalkyl substances in sewage sludge or any other residual material, a permit shall not authorize the land application of that sewage sludge or other residual material on land used for agronomic purposes, on land where drainage tiles have been installed, on land that drains into waters of the State, or lands in a five hundred-year floodplain. The director, on application, shall renew a permit from time to time, for a term not exceeding five years, if the director determines that it will be in the public interest. The director shall not grant or deny an application for the issuance or renewal of a permit without affording the applicant and any person who commented on the proposed permit during the public comment period an opportunity for a hearing in accordance with chapter 91. A request for a hearing and any judicial review of the hearing shall not stay the effect of the issuance or renewal of a permit unless specifically ordered by the director or an environmental court." SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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