RES 175 Draft 01 2010-2012 - Laserfiche WebLink

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WHEREAS, to require residence and business owners to construct an IWS and thereafter connect to a public or private sewer system within a short period of time is a very costly expense that creates a double, and very negative, financial impact; and WHEREAS, mandatory requirement to construct an IWS and thereafter connect to a public or private sewer system does not allow a sufficient amount of time for business owners or individuals to recoup costly construction and installation expenses; and WHEREAS, the State of Hawai`i Department of Health could provide a significant benefit to the citizens of this state by amending its Administrative Rules to include an exemption allowing a residential or business owner a period of up to ten years within which to recoup financially before the required mandatory connection to a public or private sewer system; and WHEREAS, Chapter 91, Hawai`i Revised Statutes, Administrative Procedure, section 91 -2, Public information, provides that agencies of the State adopt rules and methods by which the public may obtain information or make requests, and to also adopt rules and requirements regarding formal and informal procedures, including appropriate forms to be used and instructions; and WHEREAS, section 91 -3, Hawaii Revised Statutes, outlines various procedures that agencies of the State can utilize in order to adopt, amend, or repeal agency rules; and WHEREAS, in furtherance of promoting the health and well being of the citizens of the state, Title 11, Chapter 62, Wastewater Systems, §11- 62 -06, General requirements, should be amended to allow for an exemption period of up to ten years from the date of installation of an IWS before requiring mandatory connection to a public or private sewer system; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Hawai`i State Association of Counties is urged to request the Hawai`i State Department of Health to amend Title 11, Chapter 62, Wastewater Systems, § 11- 62 -06, General requirements, to provide for up to a ten -year exemption period before mandatory connection to a public or private sewer system is required, said exemption period to commence from the date an Individual Wastewater System is installed. 2