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HomeMy WebLinkAboutRES 175 Draft 01 2010-2012COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 17S 11 A RESOLUTION URGING THE HAWAII STATE ASSOCIATION OF COUNTIES TO REQUEST 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. WHEREAS, section 26 -13, Hawai`i Revised Statutes, authorizes the Department of Health to administer all health matters and programs within the jurisdiction of the Department of Health that are designed to protect, preserve, care for, and improve the physical and mental health of the people of the State, and to enforce matters and laws of public health in the State of Hawai`i; and WHEREAS, Title 11, Hawai`i Administrative Rules, Chapter 62, Wastewater Systems, section 11- 62 -06, states in pertinent part, as follows: "§11-62-06 General requirements. (a) All buildings used or occupied as a dwelling, all public buildings, all places of assembly, and all buildings generating wastewater or with toilets, sinks, drains, or other plumbing fixtures capable of conveying wastewater, shall be connected to a wastewater system. In addition, any new building capable of generating wastewater shall be connected to a wastewater system which meets the requirements of this rule. (b) All building(s) generating wastewater or with toilets, sinks, drains, or other plumbing fixtures capable of conveying wastewater and located within or near proximity of an available public sewer system as determined by the director, shall connect to the public sewer[.] "; and WHEREAS, the Environmental Protection Agency has instituted fines for residence and business owners 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 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 BE IT FURTHER RESOLVED that a copy of the Hawaii State Association of Counties Resolution urging the Hawaii State Department of Health to amend Title 11, Chapter 62. § 11- 62 -06, is attached hereto as "Exhibit 1" and made a part hereof. BE IT FINALLY RESOLVED that the Clerk of the County of Hawai`i shall transmit copies of this Resolution to the President of the Hawaii State Association of Counties and the Director of the Hawai`i State Department of Health. Dated at Kona , Hawai`i, this 19th day of October , 2011. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawai`i Hilo, Hawai`i hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai`i on October 19 , 2011 ATTEST: FY CLERK CHAIRPERSON & PRESIDIN CER 3 ROLL CALL VOTE Reference: C- 402 /Waived GRC RESOLUTION NO. 1'?5 11 AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGONG X YOSHIMOTO X 8 0 1 0 Reference: C- 402 /Waived GRC RESOLUTION NO. 1'?5 11 Exhibit 1 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. WHEREAS, section 26 -13, Hawai`i Revised Statutes, authorizes the Department of Health to administer all health matters and programs within the jurisdiction of the Department of Health that are designed to protect, preserve, care for, and improve the physical and mental health of the people of the State, and to enforce matters and laws of public health in the State of Hawai`i; and WHEREAS, Title 11, Hawai`i Administrative Rules, Chapter 62, Wastewater Systems, section 11- 62 -06, states in pertinent part, as follows: "§11-62-06 General requirements. (a) All buildings used or occupied as a dwelling, all public buildings, all places of assembly, and all buildings generating wastewater or with toilets, sinks, drains, or other plumbing fixtures capable of conveying wastewater, shall be connected to a wastewater system. In addition, any new building capable of generating wastewater shall be connected to a wastewater system which meets the requirements of this rule. (b) All building(s) generating wastewater or with toilets, sinks, drains, or other plumbing fixtures capable of conveying wastewater and located within or near proximity of an available public sewer system as determined by the director, shall connect to the public sewer[.] "; and WHEREAS, the Environmental Protection Agency has instituted fines for residence and business owners 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 3371 -A Wilcox Road, Lihu`e, Kauai, Hawaii 96766, (808) 241 -4188 Page - 2 - 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, 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, Page - 3 - 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 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 Raposo, President K. Angel Pilago, Vice President Stanley Chang, Secretary Joseph Pontanilla, Treasurer EXHIBIT A The Hawai`i State Association of Counties requests that the Hawai`i State Department of Health amend Chapter 62 of Title 11, Hawai`i Administrative Rules, §11- 62 -06, entitled "General requirements" to read as follows: "HAWAII ADMINISTRATIVE RULES TITLE 11 DEPARTMENT OF HEALTH CHAPTER 62 §11 -62 -06 General requirements. (a) All buildings used or occupied as a dwelling, all public buildings, all places of assembly, and all buildings generating wastewater or with toilets, sinks, drains, or other plumbing fixtures capable of conveying wastewater, shall be connected to a wastewater system. In addition, any new building capable of generating wastewater shall be connected to a wastewater system which meets the requirements of this rule. (b) All building(s) generating wastewater or with toilets, sinks, drains, or other plumbing fixtures capable of conveying wastewater and located within or near proximity of an available public sewer system as determined by the director, shall connect to the public sewer[:] within twelve months of the public sewer becoming accessible or available for connection. If the property owner has replaced a privately -owned gang cesspool with an Individual Wastewater System ( "IWS ") within the past ten years, the property owner may opt to retain that IWS without connecting to the public sewer system, without paying public sewer fees or connection charges, for up to ten years from the date of completion of the IWS. Thereafter, the property owner shall connect to the public sewer system, pay the connection fees, and the monthly fees for use of the public sewer system to the appropriate agency."