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HomeMy WebLinkAboutCOM 0386.001 1998-2000 gus/99/1/HITESTl August 23/99 ' RECEIVED HAWAII COUNTY COUNCIL Dme ° r~.`L~ REPEAL OF EXEMPTIONS BILL Testimony of Dennis Tulang, Chief Wastewater Branch Department of Health State of Hawaii Purpose: This bill would repeal a special provision exempting 36 specific businesses and 19 residences in or near the Kanoelehua Industrial Area from paying for both mandatory sewer hookups and the accompanying monthly user fees the County charges to operate and maintain its wastewater treatment system. Department's Position: The Department of Health stongly supports the repeal of the special provision for a number of reasons: (1) Federal Requirements. Throughout the years, the federal government has supported the County of Hawaii in its goal to protect the quality of its water resources. This support was manifested in the millions of dollars (more than $50 million) that were provided through the Construction Grants and State Revolving Fund programs for the construction of the Hilo Wastewater Treatment Facility and its collection system. In taking receipt of these construction grants and low interest loans, the County committed to the conditions set by the Clean Water Act. One of the requirements specifically states that the County will establish a user charge system wherein each recipient of wastewater treatment services will pay its proportionate share of the costs of the operation, maintenance and replacement (OM&R) of the system. Presently, the County is not receiving an adequate amount of income from the users of the system to pay for an appropriate level of OM&R activity as evidenced by: (a) the need for general funds to pay for OM&R needs, and (b) the "unacceptable" rating received on the last Hilo treatment plant inspection conducted by the Department. The 1998 Operation and Maintenance inspections performed by the Department found that the plant was being operated and maintained in an "Unacceptable" manner. Insufficient funding of the user charge system was a contributing factor to this rating. The user charge system needs to generate additional funds to ensure that proper OM&R functions are being adequately performed. The repeal of the sewer hookup exemptions will result in more homes and Comm. Na 3 ~ ~ _ o o ~ File No. 14C C ~S E W Pras~ P c- Ref. To:_~~Z~~~ businesses connecting to the Hilo plant which will produce an infusion of additional money into the sewer user charge fund. (2) County/State Requirements Like the federal government, the State of Hawaii has provided substantial support and monies to the County to construct the Hilo Wastewater Treatment Facility. Special attention was provided to assist the County to develop its original user charge system and the sewer use ordinance. The County sewer use ordinance (Section 21-5) requires that "Every lot which is accessible to a sewer shall be connected to the sewer if any plumbing fixtures are located on it..." The approval by the past County Council of special provisions to exempt hookups or payment of user charges is in direct violation of the spirit and the letter of the County's own ordinance. Furthermore, the Department of Health Administrative Rules, Chapter 11-62-o6(b) states "All building(s) generating wastewater and located within or near proximity of an available public sewer system as determined by the director, shall connect to the public sewer." Accordingly all 55 lots in the Kanoelehua Industrial Area must connect to the available public sewer. The County's connection exemption is in violation of the said administrative rules. (3) Environmental Requirements. The Hilo Wastewater Treatment Facility was constructed to abate pollution of the groundwater and the nearshore waters of Hilo Bay and to protect the public's health. The connection of more homes and businesses to the sewer system will result in a greater reduction of wastewater being introduced into the environment of Hilo town. A huge investment of public fun has been made for water pollution abatement of the waters of Hilo Bay. As a result of this investment, the water quality of Hilo Bay has significantly improved to allow for increased recreational activities activities and benefits to the residents of Hilo. More water quality improvements still remain to be implemented, and the existing wastewater infrastructure needs to be adequately operated and maintained. Exemptions from sewer connections are contradictory to the said water quality goals.