Bill Text: HI SB2752 | 2022 | Regular Session | Amended
Bill Title: Relating To Abandoned Wells.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2022-06-27 - Act 213, on 06/27/2022 (Gov. Msg. No. 1314). [SB2752 Detail]
Download: Hawaii-2022-SB2752-Amended.html
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THE SENATE |
S.B. NO. |
2752 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO ABANDONED WELLS.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that wells in
a state of disuse or disrepair can become conduits for contaminants to be
introduced into ground water. Abandoned
wells can also become receptacles for the disposal of waste, potentially
resulting in additional contamination and associated risk to public health and the
environment.
The legislature further finds that the
commission on water resource management has developed minimum standards
relating to water wells, including their sealing and abandonment, in order to
protect the quality and quantity of the State's ground water resources.
The purpose of this Act is to require
an owner of an abandoned well to repair or seal the well at the owner's expense.
SECTION 2. Section
174C-81, Hawaii Revised Statutes, is amended by amending the definition of
"abandoned well" to read as follows:
""Abandoned well"
means any well [that]:
(1) The purpose or
use of which has been permanently discontinued[. Any well shall be deemed abandoned which is];
(2) That has served
its purpose;
(3) That is not
properly maintained;
(4) The physical
condition of which is causing a waste of ground water or is impairing or
threatens to impair the quality of the ground water resources; or
(5) That is in
such a state of disrepair that its continued use [for the purpose of obtaining
ground water] is impractical[.] or poses a hazard to public
health or safety."
SECTION 3. Section 174C-87, Hawaii Revised Statutes, is amended to read as follows:
"§174C-87 [Abandonment]
Sealing of abandoned wells.
(a) When a well is abandoned,
the owner shall [fill and] seal the abandoned well in a manner
approved by the commission. Before [abandonment,]
sealing, the owner shall file with the commission [a report showing
the owner's name and address; the water use permit number, if any; the name and
address of the well driller who will be employed to perform the work required
for abandonment; the reason for abandonment; a description of the work to be
performed to effect the abandonment;] an application for a well sealing
permit signed by a driller licensed to do the work and [such] other
information [as] required by the commission [may require].
(b) The owner of an abandoned well shall repair or seal the well at the owner's expense, as provided by the well construction and pump installation standards.
(c) Notwithstanding any other law to the
contrary, if the owner of real property that includes an abandoned well
transfers ownership of the real property, the owner shall notify the commission
on water resource management of that transfer upon opening of escrow; provided that
the presence or existence of the abandoned well is:
(1) Within the knowledge
of the owner; or
(2) Visible from an accessible area."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Water; Abandoned Wells
Description:
Clarifies the definition of the term "abandoned well". Requires abandoned well owners to seal the well at the owner's expense. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
