§342D-72 Cesspools; mandatory upgrade, conversion, or connection. (a) Prior to January 1, 2050, every cesspool in the State, excluding cesspools granted exemptions by the director of health pursuant to subsection (b), shall be:
(1) Upgraded or converted to a septic system or aerobic treatment unit system; or
(2) Connected to a sewerage system.
(b) The director of health may grant exemptions from the requirements of subsection (a) to property owners of cesspools that apply for an exemption and present documentation showing a legitimate reason that makes it infeasible to upgrade, convert, or connect the cesspools. 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.
(c) As used in this section:
"Aerobic treatment unit system" means an individual wastewater system that consists of an aerobic treatment unit tank, aeration device, piping, and a discharge method that is in accordance with rules adopted by the department relating to household aerobic units.
"Cesspool" means an individual wastewater system consisting of an excavation in the ground whose depth is greater than its widest surface dimension, which 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.
"Septic system" means an individual wastewater system that typically consists of a septic tank, piping, and a drainage field where there is natural biological decontamination as wastewater discharged into the system is filtered through soil. [L 2017, c 125, §1]
Note
Cesspool conversion working group; reports to 2021-2023 legislature (dissolved on January 14, 2023). L 2018, c 132, §2; L 2019, c 170, §3.
Comprehensive statewide study of sewage contamination in nearshore marine areas; report to 2022 legislature and cesspool conversion working group. L 2018, c 132, §3; L 2019, c 170, §4.
Structure Hawaii Revised Statutes
342D-6 Permits; procedures for.
342D-8 Inspection of premises.
342D-10 Emergency powers; procedures.
342D-11 Injunctive and other relief.
342D-14 Public records; confidential information; penalties.
342D-15 Nonliability of department personnel.
342D-17 Enforcement by state and county authorities.
342D-18 Other powers of department not affected.
342D-19 Effect of laws, ordinances, and rules.
342D-31 Administrative penalties.
342D-36 Treatment of single operational upset.
342D-37 Responsible corporate officer as "person".
342D-38 Hazardous substance defined.
342D-39 Disposition of collected fines and penalties.
342D-50.5 Treated or raw sewage; prohibition.
342D-51 Affirmative duty to report discharges.
342D-52 Testing of water and aquatic and other life.
342D-54 Wastewater treatment works; financial assistance; grants.
342D-55 Recordkeeping and monitoring requirements.
342D-56 Complaints; hearings; appointment of masters.
342D-57 Public participation activities; appointment of hearings officers.
342D-58 Consultation and advice.
342D-59 Research, educational, and training programs.
342D-61 Household aerobic unit approval.
342D-70 Use of gray water for irrigation purposes.
342D-72 Cesspools; mandatory upgrade, conversion, or connection.
342D-81 Declaration of policy.
342D-83 Revolving fund; establishment, purposes, coordination.
342D-85 Revolving fund; deposits.
342D-86 Revolving fund; fees, interest, and investment on accounts.
342D-87 Revolving fund; conditions.
342D-88 Revenue bonds; authorization.
342D-89 Revenue bonds; payment and security.
342D-90 Revenue bonds; amount issued.
342D-91 Revenue bonds; investment of proceeds, and redemption.
342D-92 Trustee; designation; duties.
342D-102 Prohibited discharges; limitations on discharges.
342D-103 Prohibited air emissions.
342D-104 Information-gathering requirements.
342D-105 Recordkeeping requirements.
342D-106 Reporting requirements.
342D-107 Memorandum of understanding; recognition program.
342D-108 Exemption for vessels in innocent passage.
342D-109 Activities of the department.
342D-110 Fine schedules for illegal discharges.
342D-111 Alternative terms and conditions of vessel discharges.