THE SENATE
S.B. NO.
212
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating to cesspools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 342D-72, Hawaii Revised Statutes, is amended to read as follows:
"§342D-72 Cesspools; mandatory upgrade, conversion, or connection. (a) Before January 1, 2050, every cesspool in the State, excluding cesspools granted [[Struck through: exemptions]] [Underlined: an exemption] by the director of health pursuant to subsection (b)[[Struck through: ,]] [Underlined: or (c),] shall be:
(1) Upgraded or converted to a director-approved wastewater system; or
(2) Connected to a sewerage system.
(b) The director of health may grant [[Struck through: exemptions]] [Underlined: an exemption] from the requirements of subsection (a) [[Struck through: to]] [Underlined: if the State is unable to present evidence that the cesspool is affecting the State's drinking water supply or recreational waters.]
[Underlined: (c) The director of health may also grant an exemption from the requirements of subsection (a) if a] property [[Struck through: owners of cesspools that apply]] [Underlined: owner applies] for an exemption and [[Struck through: present]] [Underlined: presents] documentation showing a legitimate reason that makes it infeasible to upgrade, convert, or connect the [[Struck through: cesspools.]] [Underlined: cesspool.] For the purposes of this subsection, a legitimate reason shall include but not be limited to:
(1) Small lot size;
(2) Steep topography;
(3) Poor soils; or
(4) Accessibility issues.
[[Struck through: (c)]] [Underlined: (d)] As used in this section, "cesspool" means an individual wastewater system consisting of an excavation in the ground whose depth is greater than its widest surface dimension, that receives untreated wastewater, and retains or is designed to retain the organic matter and solids discharged into it, but permits the liquid to seep through its bottom or sides to gain access to the underground geographic formation."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Cesspool Conversion; Mandate; Exemption
Description:
Authorizes the Director of Health to grant an exemption from the requirement to upgrade, convert, or connect a cesspool if the State is unable to present evidence that the cesspool is affecting the State's drinking water supply or recreational waters.
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