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HomeMy WebLinkAboutCOM 0481.000 2010-2012 K. Angel Pilago �P..Y-.-„`\ v�de„ Phone No.: (808)323-4280 Vice Chair :.;N�.'�.; */!;. Fax No.: (808)329-4786 District 8—North Kona ' ona --.w t E-Mail: apilago @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai`i West Hawaii Civic Center Building A-Council 74-5044 Ane Keohokalole Highway ry Kailua-Kona, Hawai`i 96740 p ca C, MEMORANDUM o o DATE: November 18, 2011 us -3-C TO: Dominic Yagong, Council Chair, and Council Members ,n FROM: K. Angel Pilago,Vice Chair District 8 -- SUBJECT: 2012 Hawaii State Association of Counties (HSAC) Resolutions to be ,, introduced in the State House and Senate during the 2012 Legislative Session Attached is the 2012 HSAC Resolutions, approved by the HSAC Executive Committee, for Hawai`i County's consideration and approval. The two proposals are as follows: 1) Resolution requesting the State Legislature to adopt House Bill 1521 relating to E-waste recycling. 2) Resolution requesting that the Hawai`i State Department of Health to amend rules relating to connecting to public or private sewer systems. Due to the time constraints for Council approval, I would like to request that this matter be waived to the next scheduled Council meeting. If there are any questions please call me or my staff at(808)323-4280. Thank you, xc: Glynis Yamada, Council Services Jeanette Aiello, Committee Services KAP/jks Comm. No. q 81 Ref. To: W l LU i Ref. Dote NOV 2 3 2011 Hawai`i County Is An Equal Opportunity Provider And Employer Hawai`i State Association of Counties (HSAC) Counties of Kaua`i, Maui, and Hawai`i, and City & County of Honolulu November 10, 2011 Honorable Dominic Yagong, Council Chair Hawai`i County Council 25 Aupuni Street, Suite 1402 Hilo, HI 96720 Dear Council Chair Yagong and Members of the Council: Attached for your approval are the following Resolutions from the Hawai`i State Association of Counties (HSAC) to be considered by the State House and Senate during the 2012 Legislative Session: 1) Resolution requesting the State Legislature to adopt House Bill 1521 (HB 1521) relating to an amendment to Chapter 339D, Hawai`i Revised Statutes, regarding electronic waste recycling (County of Hawai`i proposal); 2) Resolution requesting that the Hawai`i State Department of Health amend Hawaii Administrative Rules, Title 11, Chapter 62, §11-62-06, General Requirements, to establish up to a ten-year exemption period to connect to a public or'private sewer system after installation of an individual wastewater system (County of Hawai`i proposal). These resolutions were approved by the HSAC Executive Committee on October 28, 2011 and November 3, 2011; thus, each respective County Council needs to take action on these Resolutions. Thank you for your attention and consideration on this matter. Should you have, any questions, please feel free to contact me or our staff, Ashley Bunda, at (808) 241'-4190. wr , *i "°`.'`os"" Sincerely, • MEL RAPOZO HSAC President Attachments. cc: K. Angel Pilago, HSAC Vice President 3371-A Wilcox Road,Lihu`e,Kauai,Hawai`i 96766,(808)241-4188 Hawaii State Association of Counties (HSAC) Counties of Kauai,Maui, and Hawaii,and City&County of Honolulu RESOLUTION REQUESTING THE STATE LEGISLATURE TO ADOPT HOUSE BILL 1521 (HB 1521)RELATING TO AN AMENDMENT TO CHAPTER 339D, HAWAII REVISED STATUTES, REGARDING ELECTRONIC WASTE. RECYCLING. WHEREAS, on January 1, 2009, Act 13 became law establishing responsibilities on retailers, manufacturers and the State Department of Health to encourage recycling of elecbr4io%:INFes sold within the State by establishing an electronic device recycling e- recyr cle) p ; and ' ,,;;,W I AS, Act 13i el4a; k r y' v Ides the intent to encourage electronic device V recycl i' g liowever it falls 'short It ,eq. nng the methodology by which the relevant parties are required to minima1l3r,Oe intent;and WHEREAS,HB 1521 was entered in the 20,1 egissaive Session as a Bill for an Act to add four new sections to Chapter 339D, a(y ilt : , ed Statutes, that address management and state market share, liability for stored information, vaio g procurement;and \-`w�L'f WHEREAS, HB 1521 was heard and successfully passed first readin,taut of the Committee on Energy and Environmental Protection and the Commit``"-on tibnomic _r"�'`'` i e s;and , , ,, , , Revit. �► ��k ' �+� ,. `, EASs' °-,41 ;. „ _ .� r a 1 ��, ,., 1v €�52 'I as been referred to the Committee on ivarLce;X'or the ,PtkSu ave `estef.a . ''. _. i(lir 0 X I 1 ' ° S f e State ''k wai`i and its respective counties incur increased cost 1 . .d�ex i-ns f.` and!.se.• , A •tion for interisland and world movement of products o'&-rec cling, ho; eve r; e C is and County of Honolulu currently engages in some to s an o: € F .■ p,ercial 'recycling; and '.,\\ .c ' , . - tY �'0. 4 ;' :le—-11..,,,:-,%1401:4-71_,_ Jo. • '‘ • 1 ` e iio e slands in the State of Hawai`i have insufficient quantities of ele'`'i f , � -,1,"'' ;Port commercial e-recycling businesses and must depend on expensive . -• i i we government subsidies to maintain an e-recycle program; and WHEREAS, the current requirement that manufacturers offer a recycle option is satisfied by costs to the consumer for expensive and woefully inadequate mail-back programs; and WHEREAS, representatives from all counties within the State have submitted testimony in favor of HB 1521, which included modifications to strengthen the e-recycle responsibility of the manufacturer and to support the provision not to accept manufacturer plans that contain mail-back options; and 3371-A Wilcox Road,Lihu`e,Kauai,Hawaii. 96766,(808)241-4188 November 10, 2011 Page -2 - WHEREAS,testimony from the respective counties included recommendations to impose additional requirements on manufacturers to be environmentally prudent and responsible to their customers and the environment through the establishment of permanent collection points around high density population areas, monthly e-recycle collection events, and a requirement for minimum collection volume relative to their market share in each county; and WHEREAS, the purpose of establishing e-recycle legislation is to provide the citizFealbe.,State of Hawai`i with a viable e-recycle program for the lawful disposal of elecfroziast and to prevent.illegal,disposal into landfills and onto private property, which ntaniinates and negatM ti,:ii7 pacts the environment;now,therefore, BE-13E RESOLVED by the ° WWAI`I STATE ASSOCIATION OF COUNTIES that it urges the passing o ;'1$$„'dam 1 with provisions that more strictly require manufacturer compliance with the intent of Act 13 as Rr y ded in written testimony from the counties. j �.:u' {>;t BE IT FINALLY RESOLVED that copies $ e'o non be transmitted to the Governor of the State of Hawaii, the President of S: enate, the Speaker of the House,the House Finance Committee Chair and the resper ve Mayors for the counties of Kaua`i,Maui,Hawai`i and Honolulu City and County. tiCY i'7.:-.74.'4,,. t1 l , b,, �} e R po identf- A, Stanley Chang, Vice PreTictnt ig4a�e r h 4� } 1 J 4.. a met j= Joseph Pontanilla,Treasurer HOUSE OF REPRESENTATIVES 1521 TWENTY-SIXTH LEGISLATURE,2011 H . B. N H.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO ELECTRONIC WASTE RECYCLING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: 1 SECTION 1. Chapter 339D, Hawaii Revised Statutes, is 2 amended by adding four new sections to be appropriately 3 designated and to read as follows: 4 "5339D-A Annual reporting; determination of market share. 5 (a) Each electronic device manufacturer shall report annually 6 to the department its sales, by weight, of the manufacturer's 7 covered electronic devices in the State, categorized by type, to • 8 the extent known. If the electronic device manufacturer is 9 unable to provide accurate sales data, it shall explain why the 10 data cannot be provided and estimate its sales data using a 11 method established by the department by rule. 12 (b) The department shall determine annually an electronic 13 device manufacturer's market share. An electronic device 14 manufacturer's market share shall be the percentage of the 15 weight of all covered electronic devices sold in the State 16 comprised of covered electronic devices sold by the electronic 17 device manufacturer. HB1521 HD1 HMS 2011-2305 I. �, ,, Y Paget HB. 1 H D11 1 (c) The department shall use the best available 2 information to establish the weight of all electronic devices 3 sold in the State, including but not limited to the reports 4 submitted pursuant to subsection (a) , state and national sales 5 data, and other reliable commercially available, supplemental 6 sources of information. 7 (d) Beginning March 15, 2012, and each year thereafter, 8 the department shall notify each electronic device manufacturer 9 of its recycling responsibility under section 339D-4, based on 10 the department's determination of its market share. 11 5339D-B Liability for stored information. An electronic 12 device manufacturer shall not be liable for any loss or misuse 13 of electronic data or other information that a consumer may have 14 stored on a covered electronic device that is recovered or 15 recycled by the electronic device manufacturer. 16 §339D-C Environmental management. (a) All covered 17 electronic devices shall be recycled pursuant to this chapter, 18 in a manner that complies with applicable federal, state, and 19 county laws and requirements. 20 (b) The department shall adopt rules, pursuant to chapter 21 91, that include the Institute of Scrap Recycling Industries, HB1521 HD1 HMS 2011-2305 Page 3 H . B. 182f B NOS H.D. 1 1 Inc. 's Electronics Recycling Operating Practices as requirements 2 for recycling covered electronic devices. 3 6339D-D State procurement. Any state or county agency 4 that purchases or leases any covered electronic device shall 5 require each prospective offeror to certify compliance with this 6 chapter. Failure to provide certification shall disqualify the 7 prospective offeror. " 8 SECTION 2 . Section 339D-1, Hawaii Revised Statutes, is 9 amended as follows: 10 1. By amending the definitions of "brand", "covered 11 electronic device" , "covered entity", "covered television" , 12 "recycling", and "retailer" to read: 13 " "Brand" means a symbol, word, or mark that identifies a 14 covered electronic device [acrcd tcicvizion] , rather than 15 any of its components. 16 "Covered electronic device" : 17 (1) Means [a] : 18 (A) A computer, computer printer, computer monitor, 19 or portable computer with a screen size greater 20 than four inches measured diagonally; [a4] or 21 (B) A television with a screen size of nine inches or Z2 larger as measured diagonally; HB1521 HD1 HMS 2011-2305 iIiIi ii .p ! � Page 4 HB. N 5211 1 and 2 (2) Shall not include: 3 (A) A covered electronic device that is a part of a 4 motor vehicle or any component part of a motor 5 vehicle assembled by or for a motor vehicle 6 manufacturer or franchised dealer, including 7 replacement parts for use in a motor vehicle; 8 (B) A covered electronic device that is functionally 9 or physically required as a part of a larger 10 piece of equipment designed and intended for use 11 in an industrial, commercial, or medical setting, 12 including diagnostic, monitoring, or control 13 equipment; 14 (C) A covered electronic device that is contained 15 within a clothes washer, clothes dryer, 16 refrigerator, refrigerator and freezer, microwave 17 oven, conventional oven or range, dishwasher, 18 room air conditioner, dehumidifier, or air 19 purifier; or 20 (D) A telephone of any type. " 21 "Covered entity" means any (ham,) person, government 22 entity, business, or nonprofit organization exempt from taxation HB1521 HDi HMS 2011-2305 Page s . NJ. 1621 H.D. i 1 under section 501 (c) (3) of the Internal Revenue Code, regardless 2 of size or place of operation within the State. 3 ( "Covered television" : 4 (1) Means-) "Television" means any device that is capable 5 of receiving broadcast, cable, or satellite signals 6 and displaying television or video programming, 7 including without limitation any direct view or 8 projection television [with a viewable screen of nine 9 inches or larger] with display technology based on 10 cathode ray tube, plasma, liquid crystal, digital 11 light processing, liquid crystal on silicon, silicon 12 crystal reflective display, light emitting diode, or 13 similar technology marketed and intended for use by a 14 [household; ] person; 15 [ (2) Shall not include: 16 (A) A computer, computer printer, computer monitor, 17 or portable computer; 18 (B) • - - : - • _ 19 20 by or for a vehicle manufacturer or franchi3ed 21 dealer, including replacement party for- use in a 22 motor vehicle; HB1521 HD1 HMS 2011-2305 N 1 ! ' 'I Page6 H . B. NJ O. HD'1 I (C) 2 required as a part of a larger piece of equipment 3 4 commercial, or medical setting, including 5 diagnostic, monitoring, or control equipment; 6 (D) - - - 7 tcicphonc; ] or 8 ($) = = _- = ] 9 "Recycling" means processing (including disassembling, 10 dismantling, or shredding) covered electronic devices [e- 11 - - - ] or their components to recover a useable 12 product; provided that "recycling" does not include any process 13 defined as incineration under applicable laws and rules. " 14 "Retailer" means any person who offers covered electronic 15 devices for covered televisions] for sale, other than for resale 16 by the purchaser, through any means, including sales outlets, 17 catalogs, or the Internet. " 18 2. By deleting the definitions of "household", "market 19 share", and "television manufacturer" . 20 ("Household" means arty occupant of a single detached 21 dwelling Halt er e•€ a single-unit of a Itttr1tiplc dwelling unit HB1521 HD1 HMS 2011-2305 � ! � i�I 11 , ' Ili II 1, � I � ,� Page 7 521 HB . N 2 at a dwelling unit primarily for personal or home business usc. 3 " "Market share" : 4 (1) Means the calculation of a tclevi;-ion manufacturer's 5 prior year's sales of televisions divided by all 6 - - - - , 7 as determined by the department; 8 (2) - - :. - - - - - . - - - . _ - , - - - 4 decimal fraction. 10 "Television manufacturer" means a person who: 11 -)- 12 - _ - _ • - - _ 13 (2) Manufactures for sale in the State covered televisions . 14 without affixing a brand; 15 (3) Resells into the State a covered television 16 manufactured by others under a brand that the seller 17 owns or is licensed to usc; 18 -4-4-} - - 19 - 20 State; HB1521 HD1 HMS 2011-2305 C 1111 Page 8 521 H . B. N O. 1 -(-s} Sells at retail a covered television acquired from an 2 importer described in paragraph (4) , and elects to 3 - - - . - - 7 G' - G 3 . 4 {6} Manufactures covered televisions and supplies them to 5 any person or persons within a distribution network 6 - - - - - - - - - - - - 7 er 8 Assumed the responsibilities and obligation of a 9 10 In the event thc television manufacturer is one who 11 manufaet-urea, sells, or resells -eevercd televisiono under a 13 or brand owner of the brand shall not be included in thc 14 definiti:en- e# `vision manufacturer under paragraph (1) or 15 (3) . 8] 16 SECTION 3. Section 339D-4, Hawaii Revised Statutes, is 17 amended by amending subsections (c) and (d) to read as follows: 18 " (c) By June 1, 2009, and annually thereafter, each 19 electronic device manufacturer shall submit a plan to the 20 department to establish, conduct, and manage a program for the 21 collection, transportation, and recycling of its covered HB1521 HD1 HMS 2011-2305 ti � Page 9 1521 H.D. 1 1 electronic devices sold in the State, which shall be subject to 2 the following conditions: 3 4 point of recycling if the eovcred electronic device io 5 brought by the covered electronic dcvicc owner to a 6 - central location for recycling; provided that the plan 7 may include a rcu3onablc tranoportation fcc if the 8 electronic device manufacturer or electronic dcvicc 9 manufacturcr' agent removes the covered electronic 10 dcvicc from the owner's isco- at the owner' 11 requc3t and if the removal i3 not in conjunction with 12 13 (1) The plan shall include a description of the methods 14 for the convenient collection of covered electronic 15 devices at no cost to the covered entities. The 16 recycling plan shall provide collection services of 17 covered electronic devices in each county of the 18 state. In addition, for United States Postal Zip Code 19 areas with a population greater than twenty-five 20 thousand, the plan shall provide at least one of the 21 following services: 22 (A) A staffed drop-off site; HB1521 HD1 HMS 2011-2305 ,11, �1 Page 10 H.111 521 N . B. NC . 1 1 (B) Alternative collection service such as on-site 2 pick-up service; or 3 (C) Collection events which are periodically held at 4 an easily accessible, central location; 5 (2) Each electronic device manufacturer may develop its 6 own recycling program or may collaborate with other 7 electronic device manufacturers, so long as the 8 program is implemented and fully operational no later 9 than January 1, 2010[-) ; 10 (3) Each electronic device manufacturer's plan shall 11 provide for recycling covered electronic devices of an 12 amount equal in weight to its market share of covered 13 electronic devices sold in the State each year as 14 determined pursuant to section 339D-A; and 15 (4) Plans that contain only a mail-back option shall not 16 be allowed. 17 (d) By March 31, 2011, and annually thereafter, each 18 electronic device manufacturer shall submit a report to the 19 department of the total weight of all covered electronic devices 20 recycled in the previous year, which may include both an 21 electronic device manufacturer's own covered electronic devices 22 and those of other manufacturers. ° HB1521 HD1 HMS 2011-2305 Page H . B11 N 1521 H.D. 1 1 SECTION 4. Section 339D-6, Hawaii Revised Statutes, is 2 amended to read as follows: 3 " [-f-]S339D-6['1-] Department responsibility. (a) Beginning 4 January 1, 2010, the department shall maintain and update a 5 website and a toll-free number with current information on where 6 covered entities can return covered electronic devices for 7 recycling. 8 (b) The department, in consultation with electronic device 9 manufacturers, shall develop an electronic device recycling 10 education program for consumers. " 11 SECTION 5. Section 339D-7.5, Hawaii Revised Statutes, is 12 amended to read as follows: 13 "1+]5339D-7.5[}I Manufacturer and agent responsibilities; 14 regulatory compliance. Each electronic device manufacturer [and 15 - . - . - ] shall be responsible for ensuring that 16 the electronic device manufacturer and its agents follow all 17 federal, state, and local regulations when collecting, 18 transporting, and recycling covered electronic devices [e 19 covcrcd tcicvioi.ono] , and adopt environmentally sound recycling 20 practices for the covered electronic devices [or covcrcd 21 tcicvisiono] . " HB1521 HD1 HMS 2011-2305 I II Page 12 H . B. NO. H D11 1 SECTION 6. Section 339D-8, Hawaii Revised Statutes, is 2 amended to read as follows: 3 "5339D-8 Enforcement. (a) The department may conduct 4 audits and inspections to determine compliance under this 5 chapter. Except as provided in subsection (c) , the department 6 and the attorney general shall be empowered to enforce this 7 chapter and take necessary action against any electronic device 8 [or tcicviaion manufacturer] or retailer for failure to comply 9 with this chapter or rules adopted thereunder. 10 (b) The attorney general may file suit in the name of the 11 State to enjoin an activity related to the sale of covered 12 electronic devices [or covcrcd tcicviaiona] in violation of this 13 chapter. 14 (c) The department shall issue a warning notice to a 15 person for the person's first violation of this chapter. The 16 person shall comply with this chapter within sixty days of the 17 date the warning notice was issued or be subject to the 18 penalties provided by law or rule, including[] but not limited 19 to[—] penalties set forth in subsections (d) through (g) . A 20 retailer that receives a warning notice from the department for 21 a violation of section 339D-3 (a) [or 339D- 24(a) ] shall submit 22 proof to the department, within sixty days from the date the HB1521 HD1 HISS 2011-2305 Page HB . ■ 1 warning notice was issued, that its inventory of covered 2 electronic devices [or covcrcd tcicvioiono] offered for sale is 3 in compliance with this chapter. 4 (d) Any retailer who sells or offers for sale an unlabeled 5 covered electronic device [or unlabeled covcrcd tcicvioion] in 6 violation of section 339D-3 [or 339D 24, rccpcctivcly, ] or any 7 electronic device for telcvioion] manufacturer that fails to 8 comply with any provision of section 339D-4 [or 339D 23, 9 respectively, ] may be assessed a penalty of up to $10, 000 for 10 the first violation and up to $25,000 for the second and each 11 subsequent violation, in addition to any additional penalties 12 required or imposed pursuant to this chapter. 13 (e) Except as provided in subsection (d) , any person who 14 violates any requirement of this chapter may be assessed a 15 penalty of up to $1, 000 for the first violation and up to $2, 000 16 for the second and each subsequent violation, in addition to any 17 additional penalties required or imposed pursuant to this . 18 chapter. 19 (f) The department shall determine additional penalties 20 based on adverse impact to the environment, unfair competitive 21 advantage, and other considerations that the department deems 22 appropriate. HB1521 HD1 HMS 2011-2305 Page 14 H . B. NO. 521 H.D. 1 (g) If [a covcrcd tcicvi„ion] an electronic device 2 manufacturer fails to recycle its market share allocation, the 3 department shall impose a penalty of [60 ccnt3] $ per 4 pound for each pound not recycled. " 5 SECTION 7. Section 339D-9, Hawaii Revised Statutes, is 6 amended by amending subsection (b) to read as follows: 7 " (b) Notwithstanding subsection (a) , the department shall 8 not have the authority to assess any fees, including an advanced 9 recycling fee, registration fee, or other fee, on consumers [, 10 - - 11 telcvinionn except those noted in 3ection3 (339D 4] and 339D 12 22] . " 13 SECTION 8. Section 339D-11, Hawaii Revised Statutes, is 14 amended by amending subsection (b) to read as follows : 15 " (b) The department shall compile the information 16 submitted by [covered television] electronic device 17 manufacturers and issue a report to the legislature no later 18 than April 1, 2012, and annually each year thereafter. " 19 SECTION 9. Section 339D-12, Hawaii Revised Statutes, is 20 amended to read as follows: 21 "5339D-12 Federal preemption. [ (a) cart II of this] This 22 chapter shall be deemed repealed if a federal law or a HB1521 HD1 HMS 2011-2305 •1! 1111111 Page 15 HB. , H.D. 1 1 combination of federal laws takes effect that establishes a 2 national program for the collection and recycling of covered 3 electronic devices that substantially meets the intent of [part 4 II of] this chapter, including the creation of a financing 5 mechanism for collection, transportation, and recycling of all 6 covered electronic devices from covered entities in the United 7 States. 8 [ (b) [hart IV] of this chapter shall be deemed repealed if 9 a 'federal law or a cembiaatien of federal laws takes effect that 11 - - _ -- - - _ -- = 12 this chapter. ] " 13 SECTION 10. Chapter 339D, part IV, Hawaii Revised 14 Statutes, is repealed. 15 SECTION 11. No later than December 31, 2011, the 16 department of health shall adopt rules, pursuant to chapter 91, 17 that authorize the recovery and recycling of cathode ray tubes 18 in Hawaii to safely further the objectives of chapter 339D, 19 Hawaii Revised Statutes. 20 SECTION 12. In codifying the new sections added by section 21 1 of this Act, the revisor of statutes shall substitute HB1521 HD1 HMS 2011-2305 Page 16 NO. 1521 H.D. 1 1 appropriate section numbers for the letters used in designating 2 the new sections in this Act. 3 SECTION 13 . Statutory material to be repealed is bracketed 4 and stricken. New statutory material is underscored. 5 SECTION 14. This Act shall take effect upon its approval. HB1521 HD1 HMS 2011-2305 If + iI i Page 17 H . B. NO Report Title: Electronic Waste Recycling; Market Share; Covered Televisions Description: Combines the electronic waste and television recycling programs. Requires recycling based on market share by weight. Changes the fee per pound for failing to recycle to an unspecified amount. Directs the Department of Health to adopt rules to allow recycling of cathode ray tubes in Hawaii . .Amends conditions placed on electronic device and television manufacturer's recycling plans. .(HB1521 HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. • HB1521 HD1 HMS 2011-2305 I I'' 1111111 Hawai`i State Association of Counties (HSAC) Counties of Kauai,Maui,and Hawaii,and City &County of Honolulu A RESOLUTION REQUESTING THAT THE HAWAII STATE DEPARTMENT OF HEALTH AMEND HAWAII ADMINISTRATIVE RULES,TITLE 11, CHAPTER 62, §11-62-06, GENERAL REQUIREMENTS,TO ESTABLISH UP TO A TEN-YEAR EXEMPTION PERIOD TO CONNECT TO A PUBLIC OR PRIVATE SEWER SYSTEM AFTER INSTALLATION OF AN INDIVIDUAL WASTEWATER SYSTEM. VIEREAS, section 26-13,Hawai`i Revised Statutes, authorizes the Department of Health toster all health:matters and programs within the jurisdiction of the ti t, Deil �` er t�o ealth that arc' esi lid loprotect, preserve, care for,and improve the physiealdan.d'Mental health of the pe °ple'o the State, and to enforce matters and laws of public health in the State of Ha�atiV_"arid WHEREAS,Title 11,Hawai`i Administr ' ie Rules, apter 62, Wastewater Systems, section 11-62-06, states in pertinent part,�as' oilvs: . 15,: "§11-62-06 General requirements. (a) All buildings used or occupied as a dwelling, all public buildings, all places of assembly, and all i5 1tlin s . enrei ? 1''r.. - ater or with toilets, sinks,drains, or other plufribing fixturels a at"le if#' ¢ne wastewater, shall be connected to a wastef, vater systerji. In allc°Ii u li e tt' ui •,.•g capable of generating wastewater shut,,be coa ted to aowas e. ater sys'Tem it meets the requirements of this rule. ', l i A e (b) b r'ng(s)generating wastewater or with toilets, sinks, 1{{I drains,'oA,other plumbih ,A lures capable of conveying wastewater and located + 4 tl{m or sear pro ty • -: available public sewer system as determined by the 1. r1 ''e yyecto,!shall coririect oi (((, .- public sewer[.]"; and Il k t kil ) .k ` '4+ ,'` '�'" ©nmental Protection Agency has instituted fines for reside TOR;' ers who continue to use gang cesspools, and further requires that said gang cesspools be replaced with either a temporary Individual Wastewater System(IWS)known as a septic system, or connect to a public or private sewer system; and 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 3371-A Wilcox Road,Lihu`e,Kauai,Hawaii 96766,(808)241-4188 Page-2 - 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,Hawai`i 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 HAWAII STATE ASSOCIATION OF COUNTIES that the Hawai`i State Department of Health is requested to amend Title 11, Chapter 62,Wastewater Systems, §11-62-06, General requirements,to provide for up to a Page-3 - 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. BE IT FURTHER RESOLVED that a copy of the proposal to amend Title 11, Chapter 62, §11-62-06, is attached hereto as "Exhibit A"and made a part hereof. BE IT FINALLY RESOLVED that a copy of this Resolution and Exhibit A shall be transmitted to Director of the Hawai`i State Department of Health. Mel Rapozo,President K. Angel Pilago,Vice President Stanley Chang, Secretary Joseph Pontanilla,Treasurer Ntv.os q� DOMINIC YAGONG FRED BLAS Chairperson ;l ;' " � ����� BRENDA FORD - •: � �' �/, :+i PETE HOFFMANN K.Angel Pilago DONALD IKEDA Vice Chair ,o ' ''`, DENNIS "FRESH"ONISHI BRITTANY SMART J YOSHIMOTO HAWAII COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawaii 96720 November 21, 2011 Dominic Yagong, Chairperson Hawaii County Council 25 Aupuni Street Hilo, Hawai`i 96720 Communication No. 481 : COMMUNICATION REQUESTING CONSIDERATION AND APPROVAL OF TWO RESOLUTIONS FROM THE HAWAII STATE ASSOCIATION OF COUNTIES (HSAC) TO BE CONSIDERED BY THE STATE HOUSE AND SENATE DURING THE 2012 LEGISLATIVE SESSION. Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of Hawai`i, this written request is submitted with my approval that the above-referenced matter be waived from the Committee on Governmental Relations to the full Council for immediate action. In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval is granted and the matter be placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Committee on Governmental Relations for placement on its future agenda. Sincerely, 1 K. A• o, Chair Cs niittee o Governmental Re ations App c.ve• !ate/Waive to Council: Disapproved/Date/Refer to GRC viod . Dominic Yagong, Chai 1 - son Dominic Yagong, Chairperson Hawaii County Council Hawaii County Council KAP/jks Serving the Interests of the People of Our Island Hawai`i County Is an Equal Opportunity Provider And Employer