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COUNTY OF HAWAII <br />STATE OF HAWAII <br />RESOLUTION NO. 1 4 /1 <br />A RESOLUTION REQUESTING THE HAWAII STATE DEPARTMENT OF HEALTH <br />TO AMEND HAWAII ADMINISTRATIVE RULES, § 11- 62 -06, GENERAL <br />REQUIREMENTS, TO ALLOW UP TO A TEN -YEAR EXEMPTION FROM <br />CONNECTION TO A PUBLIC SEWER AFTER AN INDIVIDUAL WASTEWATER <br />SYSTEM IS INSTALLED. <br />WHEREAS, section 26 -13, Hawai`i Revised Statutes, authorizes the Department of <br />Health to administer all health matters and programs within the jurisdiction of the Department of <br />Health that are designed to protect, preserve, care for, and improve the physical and mental <br />health of the people of the State, and to enforce matters and laws of public health in the State of <br />Hawai`i; and <br />WHEREAS, Title 11, Hawai`i Administrative Rules, Chapter 62, Wastewater Systems, <br />section 11- 62 -06, states in pertinent part, as follows: <br />"§11-62-06 General requirements. (a) All buildings used or occupied as a <br />dwelling, all public buildings, all places of assembly, and all buildings generating <br />wastewater or with toilets, sinks, drains, or other plumbing fixtures capable of conveying <br />wastewater, shall be connected to a wastewater system. In addition, any new building <br />capable of generating wastewater shall be connected to a wastewater system which meets <br />the requirements of this rule. <br />(b) All building(s) generating wastewater or with toilets, sinks, drains, or <br />other plumbing fixtures capable of conveying wastewater and located within or near <br />proximity of an available public sewer system as determined by the director, shall <br />connect to the public sewer[.] "; and <br />WHEREAS, the Environmental Protection Agency has instituted fines for residence and <br />business owners who continue to use gang cesspools, and further requires that said gang <br />cesspools be replaced with either a temporary Individual Wastewater System (IWS) known as a <br />septic system, or connect to a public or private sewer system; and <br />WHEREAS, to require residence and business owners to construct an IWS and thereafter <br />connect to a public or private sewer system within a short period of time is a very costly expense <br />that creates a double, and very negative, financial impact; and <br />