HomeMy WebLinkAbout2018-03-12 Letter to Chris Lee re SB 2567, SD 2 Relating to Requiring Cesspool Conversion when Property is SoldHarry Kim
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Barbara J. Kossow
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25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553
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March 12, 2018
Representative Chris Lee, Chair
Committee on Energy and Environmental, Protection
Hawail State Capitol, Room 325
Honolulu, HI 96813
Dear Chair Lee and Committee Members:
Re: SB 2567, SD 2 Relating to Requiring Cesspool Conversion when
Property is Sold
earing Date: 03-13-18 — 8:30 am; House Conference Room 325
At a time when home ownership, or perhaps any housing, is financially out of
reach for many in Hawaii'', 1 would urge the Legislature to avoid imposing new
obligations that could boost the price of our housing stock. The County of Hawaii
(COH) will be impacted disproportionately, since our priority areas 2 & 3 contain
approximately 25,000 cesspools and both Kona and Hilo are in those designations.
Therefore, 1 would urge a "No" vote on SB 2567, SD 2.
The o position is further justified, in my opinion, by the fact that there is
ongoing controversy concerning what individual wastewater systems (IWS) are
appropriate for a cesspool replacement. It is clear that encouraging homeowners to
connect to sewers can occur only where there are sewers. With COH's large land area,
coupled with the nature of its substrate (lava), sewering COH is not a financially viable
option.
This fact makes the identification and availability of appropriate IWS of
paramount importance for the future of this program. The most cost effective,
Department of Health (DOH) approved, alternative to cesspools in Hawaii is a septic
system. Requiring the replacement of one ineffective IWS (cesspools) with a different
IWS that is not effective (septic tanks) will result in a doubly negative economic impact
on the citizens of this State, because the only realistic replacement system (septic
tanks) does not improve our environment. This topic was discussed when the DOH
presented the cesspool report to the Energy and Environment Committee in Honolulu
on January 10, 2018. The fact that septic systems do not remove nutrients from the
waste stream, a critical problem where coral and ocean waters require protection,
constitutes one major issue with septic system replacements for cesspools.
County of Hawaii is an Equal Opportunity Provider and Employer
March 12, 2018
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A separate issue is that having SB 2567, SD 2 become effective at an early date
would not provide either DOH or an existing homeowner time to adequately prepare for
this new requirement. The process of establishing administrative rules for exemptions
or to establish financial aid legislation or rules, within a few months, or even a few
years, would be inadequate and would result in a negative impact on low and middle
income families. Such an imposition on current homeowners ought not to occur for at
least 10 years, so if this proposed legislation is enacted, it is strongly urged that it take
effect no earlier than December 31, 2028. A delay would allow DOH to investigate
alternative IWS and appropriate treatment standards for home IWS replacements for
cesspools.
Finally, 1 recognize and appreciate that SB 2567, SD 2 provides for a waiver of
the conversion requirement under certain circumstances. However, if it is determined
that this bill must move forward, 1 would ask that it be amended to require conversion
only in those geographic areas where there has been a determination that drinking
water, public recreation, or coral reefs are at imminent risk of harm. A slightly different
approach would be to add to the "legitimate reasons" for a waiver:
(5) No finding by DOH that drinking water, public recreation, or
coral reefs are at imminent risk of harm.
Thank you for your consideration.
pectfu ly sub ited,
Mayor, County of Hawaii
County of Hawaii is an Equal Opportunity Provider and Employer.