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HomeMy WebLinkAbout2018-03-12 Letter to Chris Lee re SB 2567, SD 2 Relating to Requiring Cesspool Conversion when Property is SoldHarry Kim Aiavoi at 'VVil Okabe Ai waging Director Barbara J. Kossow apiay Managing Director ffirr of flir 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawaii 96740 (808) 323-4444 • Fax (808) 323-4440 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 Page 2 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.