Hawaii-2016-HR113-Introduced

WHEREAS, there are approximately 90,000 cesspools throughout the State, with approximately 50,000 on Hawaii Island, 14,000 on Kauai, 12,000 on Maui, 11,000 on Oahu, and 1,400 on Molokai; and

WHEREAS, approximately 800 new cesspools are approved for construction in Hawaii each year; and

WHEREAS, proposed amendments to the Hawaii Administrative Rules, Title 11, Chapter 62, would prohibit the construction of new cesspools throughout the State; and

WHEREAS, House Bill No. 1141, H.D. 2, S.D. 1 (2015), similarly proposed a prohibition on new cesspool construction, and was ultimately not approved by the Legislature in 2015; and

WHEREAS, the cost of a septic system can range from $20,000 to $30,000, while the cost of a cesspool can range from $2,000 to $3,000; and

WHEREAS, the added benefit to the environment of installing a septic system instead of a cesspool is debatable, especially given certain topography; and

WHEREAS, existing unreliable septic systems may overflow causing health concerns; and

WHEREAS, to be properly maintained, septic systems often require pumping at costs as great as $800 for a single pumping on Hawaii Island; and

WHEREAS, the great additional cost of installing a septic system into a new home would cause undue hardship on residents of our State, especially our poorest residents, working in opposition to our efforts to address an affordable housing shortage; and

WHEREAS, cesspools are uniquely able to function in our State in comparison to our mainland counterparts, as Hawaii has no extreme winter temperatures nor frozen solid ground, which act as a barrier to effluents draining or evaporating; and

WHEREAS, because of the climatic and geologic differences, our soils generally provide for gas exchange allowing ingress of oxygen and egress of nitrogen, carbon dioxide, and water vapor; and

WHEREAS, Hawaii's warm temperatures result in bacterial decomposition of the waste, resulting in conversion of nitrogenous waste into nitrogen gas and carbon-containing waste into carbon dioxide gas; and

WHEREAS, much of the water entering a cesspool is vaporized, the nitrogen in the waste largely gasified, and the phosphorous in the waste tightly bound to the surrounding rocks allowing for little movement, and, therefore, does not move into the groundwater; and

WHEREAS, given the great differences in geographical makeup throughout our State, there are many areas across our islands where cesspools have functioned safely and effectively for many decades without failure; and

WHEREAS, in many rural areas, especially on our neighbor islands, homes are not connected to a county water system, and thus rely on limited catchment water for their personal use, thereby limiting the amount of water that enters the cesspool and the environment; and

WHEREAS, for homes connected to a sewer system, all wastewater from the home enters the sewer system; and

WHEREAS, in contrast, for homes with individual wastewater systems, the wastewater can be divided into two classes:

(1) Blackwater, which is the wastewater from toilets, kitchen sinks and dishwashers, and

(2) Graywater, which is all other wastewater including water from showers, washing machines and non-kitchen sinks; and

WHEREAS, in other parts of the United States, jurisdictions allow the collection and use of this graywater for watering and other purposes; and

WHEREAS, Hawaii does not provide for the use of graywater in its current plumbing code, while many areas, particularly those dependent on catchment, could benefit from the ability to use graywater; and

WHEREAS, it is acknowledged that individual homes and wastewater systems near the shoreline or other bodies of water are problematic for the use of either cesspools or septic systems; and

WHEREAS, cesspools or septic systems designed specifically for pet waste are also in use in Hawaii, necessitating a need for the State to resolve how to best manage such systems; and

WHEREAS, the State of Hawaii is currently experiencing a dengue epidemic with the Aedes mosquito being the vector; and

WHEREAS, the Centers for Disease Control and Prevention warns of the potential role of septic systems, but not cesspools, as breeding sites for mosquitoes; and

WHEREAS, these areas in particular are just one of many special cases in which the use of cesspools, septic systems, and graywater systems should be further scrutinized; and

WHEREAS, it would be beneficial to obtained a statewide analysis to better understand and determine what specific areas throughout the State are suitable for the use of cesspools, septic systems, and graywater systems; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2016, that the Director of Health is requested to convene a task force to determine which counties and specific geographic areas within the State are suitable for cesspools, septic systems, and graywater systems, for both human and pet waste; and

BE IT FURTHER RESOLVED that this task force is requested to include, but not be limited to:

(1) Two members of the House of Representatives, with at least one of these members having a cesspool at their residence to be appointed by the Speaker of the House;

(2) Two members of the Senate, with at least one of these members having a cesspool at their residence, to be appointed by the Senate President;

(3) At least one representative from each of the four counties, to be appointed by the respective Mayor; and

BE IT FURTHER RESOLVED that the task force is asked to examine and advise on the potential benefit of placing the responsibility of determining where and when cesspools should be allowed upon the counties instead of the State; and

BE IT FURTHER RESOLVED that the task force is requested to submit a written report of its findings and recommendations, including any proposed legislation, to the Legislature no later than 20 days prior to the convening of the Regular Session of 2017; and

BE IT FURTHER RESOLVED that the Governor of the State of Hawaii is requested to refrain from approving proposed changes to Hawaii Administrative Rules, Title 11, Chapter 62, until the task force's report is completed; and

BE IT FURTHER RESOLVED that the task force shall cease to exist by June 30, 2017; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, the Director of Health, and the Mayors of the City and County of Honolulu and the Counties of Hawaii, Kauai, and Maui.

	OFFERED BY:	_____________________________

Report Title:

Task Force; Cesspools; Septic Systems; Graywater Systems

HOUSE OF REPRESENTATIVES	H.R. NO.	113
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII