Comm No 0001.06 - Response from DEM - Regulatory Powers

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Douglass Shipman Adams, Chair September 28, 2018 Page 2 This requested amendment is not to change any existing activities or authorities of DEM, but simply adds a clarifying phrase to support existing activities. Chapters 20 and 21 of the HCC are regulated currently. Clarification within the County Charter is to explicitly acknowledge existing activity. However, DEM' s request to add "and regulating" may be unnecessary if "promoting" is construed to include "regulating." Section 6-10.4 Powers, Duties and Functions DEM requests that Article VI, Chapter 10, Section 6-10.4 of the Hawaii County Charter, Powers, Duties and Functions, be amended to: The department of environmental management shall manage and enforce the solid waste, wastewater, and recycling programs of the county, and exercise other functions as prescribed by the mayor or prescribed by ordinance. Upon closer review of HCC Chapter 2, Article 40, Sec. 2-204, Enforcement, DEM already has the authority to assess administrative penalties for violations of HCC Chapter 20 (Refuse) and Chapter 21 (Sewers). This requested amendment to add specific authority in the County Charter to enforce the wastewater, solid waste and recycling programs is simply to change the implicit authority contained in the word "manage" to explicit authority to enforce DEM programs by adding "and enforce." However, DEM' s request to add the phrase "and enforce" to this section may be unnecessary if the existing phrase "shall manage" is construed to include enforcement authority. DEM's Responses to the Charter Commission's Questions: 1. If feasible, a cost analysis of the enforcement and regulatory duties of the Department of Environmental Management. DEM has regulatory personnel imbedded within the Department in both the Solid Waste Division and Wastewater Division. Management of solid waste disposal and wastewater activities include the creation of administrative rules, which are, in fact, regulatory functions at the County level. The change in the County Charter would not increase the required funds to carry out this function; it would simply and clearly authorize the activities. 2. A listing of the ordinances that require enforcement and regulatory action by the Department of Environmental Management, and what County agency or agencies are currently providing enforcement and regulatory oversight/actions regarding environmental management activities. See Table 1, attached.