Water Pollution Control

HRS div. 1, tit. 19, ch. 342D, pt. III

in effect

HRS §342D-50 Prohibition

342D-50. Prohibition (a) No person, including any public body, shall discharge any water pollutant into state waters, or cause or allow any water pollutant to enter state waters except in compliance with this chapter, rules adopted pursuant to this chapter, or a permit, water quality certification, or variance issued by the director. (b) No person, including any public body, shall knowingly establish, extend, or alter any system of drainage, sewage, or water supply, or undertake any project in sewage outfall areas where there may be a possibility of alteration of currents depended upon for dilution without first securing approval in writing from the director. (c) No person, including any industrial user, shall discharge any water pollutant or effluent into a publicly owned treatment works or sewerage system in violation of: (1) A pretreatment standard established by the department or the publicly owned treatment works; or (2) A pretreatment condition in a permit issued by the department or a publicly owned treatment works. (d) No person, including any public body, shall violate any rule adopted pursuant to this chapter or any permit, water quality certification, or variance issued or modified pursuant to this chapter. [L 1989, c 212, pt of §2; am L 1995, c 180, §14; am L 2023, c 233, §7]

HRS §342D-50.5 Treated or raw sewage; prohibition

342D-50.5. Treated or raw sewage; prohibition (a) Notwithstanding any other law to the contrary, no person, including any public body, shall discharge any treated or raw sewage into state waters after December 31, 2026; provided that this section shall not apply to a sewage treatment plant that: (1) Utilizes sewage to produce clean energy pursuant to section 196-10.5; and (2) Is in compliance with this chapter, rules adopted pursuant to this chapter, or a permit or variance issued by the director. (b) Nothing in this section shall be construed to: (1) Prohibit the use of reclaimed or recycled water for a beneficial purpose as provided by law; or (2) Allow the discharge of treated or raw sewage into state waters in violation of any federal statute, rule, or regulation. [L 2016, c 248, §1]

HRS §342D-53 Certifying agency and water quality certification

342D-53. Certifying agency and water quality certification (a) Water quality certification shall be required pursuant to section 401 of the Act for any applicant for a federal license or permit to conduct any activity, including the construction or operation of facilities, that may cause any discharge into navigable waters. (b) The director may act as a certifying agency. (c) The director shall adopt and enforce rules, pursuant to chapter 91, to administer water quality certifications. (d) The term of any water quality certification issued by the director shall not exceed five years. (e) The director shall not require a person to apply for a water quality certification if the person: (1) Has received notice of authorization to proceed from the department of land and natural resources' office of conservation and coastal lands under the statewide programmatic general permit for the restoration, repair, maintenance, and operation of loko i`a; or (2) Has received notice of authorization to proceed from the department of land and natural resources' office of conservation and coastal lands under the small-scale beach restoration program. (f) As used in this section, "certifying agency" has the same meaning as "certifying authority" as defined in title 40 Code of Federal Regulations section 121.1(e). [L 1989, c 212, pt of §2; am L 2023, c 233, §8]

HRS §342D-54 Wastewater treatment works; financial assistance; grants

342D-54. Wastewater treatment works; financial assistance; grants (a) The director may make grants to any county or state agency for the construction of necessary wastewater treatment works and for other projects intended for recycled water or waste management by other than conventional means to prevent or to control the discharge of untreated or inadequately treated sewage or other waste into any state waters. (b) No grant shall be made for any project unless: (1) The project conforms with the state water pollution control plan; (2) The project is certified by the director as being entitled to priority over other eligible projects on the basis of financial as well as water pollution control needs; (3) In the case of wastewater treatment works, the application for the grant contains the following: (A) Reasonable assurances that the applicant will provide for the proper and efficient operation and maintenance of the wastewater treatment works after its construction; and (B) Reasonable assurances by the applicant that an impact fee structure will be instituted to ensure that new developments pay their appropriate share of the costs of the wastewater treatment works, as determined by the counties; (4) The county or state agency receiving these state funds requires the installation of the low flow water fixtures and devices for faucets, hose bibbs, showerheads, urinals, and toilets in all new construction projects, and the fixtures and devices shall be approved by the International Association of Plumbing and Mechanical Officials and shall comply with applicable American National Standards Institute standards and other standards as may be required by the respective county for all new residential and public buildings; and (5) The department, where appropriate, determines that the county receiving these funds has taken specific steps to reduce polluted runoff into state waters through educational and regulatory programs. (c) If federal grant funds are available, the applicant shall be required to pay sixty per cent of the nonfederal share of the estimated reasonable cost of the approved wastewater treatment works as defined by Title 33 United States Code section 1251 et seq. If federal grant funds are not available, the director may make grants up to one hundred per cent of the estimated cost of the project. (d) Nothing in this section shall restrict the director's authority to make grants to wastewater treatment works or projects granted waivers under Title 33 United States Code section 1311(h). (e) No moneys used or available for financing under part V shall be used for grants under this section. (f) No later than twenty days prior to the convening of each regular session of the legislature, the director shall submit to the legislature a financial report addressing the status of each grant made during the last completed fiscal year. [L 1989, c 212, pt of §2; am L 1991, c 262, §1; am L 1996, c 81, §1; am L 1997, c 221, §2; am L 2001, c 269, §3]

HRS §342D-55 Recordkeeping and monitoring requirements

342D-55. Recordkeeping and monitoring requirements (a) The director may require the owner or operator of any effluent source, works, system, or plant; any discharger of effluent; the applicant for written authorization under this chapter for such sources or facilities; or any person engaged in management practices to: (1) Establish and maintain records; (2) Make reports and plans that shall cover existing situations and proposed additions, modifications, and alterations; (3) Install, use, and maintain monitoring equipment or methods; (4) Sample effluent, state waters, sewage sludge, and recycled water; and (5) Provide such other information as the department may require. (b) The director may require that information and items required under subsection (a) be complete and detailed, in a prescribed form, made or prepared by a competent person acceptable to the director, and at the expense of the owner, operator, or applicant. (c) Management practices covered in this section are those for domestic sewage, sewage sludge, and recycled water, whether or not such practices cause water pollution. [L 1989, c 212, pt of §2; am L 1995, c 180, §15; am L 1999, c 193, §10; am L 2001, c 269, §4]

HRS §342D-56 Complaints; hearings; appointment of masters

342D-56. Complaints; hearings; appointment of masters The director may: (1) Receive or initiate complaints of water pollution, hold hearings in connection with water pollution, and institute legal proceedings in the name of the State for the prevention, control, or abatement of water pollution; and (2) Appoint a master or masters to conduct investigations and hearings. [L 1989, c 212, pt of §2]

HRS §342D-57 Public participation activities; appointment of hearings officers

342D-57. Public participation activities; appointment of hearings officers The director may appoint, without regard to chapter 76, hearings officers to conduct public participation activities, including public hearings and public informational meetings. L 1989, c 212, pt of §2; am L 2000, c 253, §150

HRS §342D-59 Research, educational, and training programs

342D-59. Research, educational, and training programs The director may: (1) Conduct and supervise research programs for the purpose of determining the causes, effects, and hazards of water pollution, the quality of the receiving water and the means to monitor the quality of water, or to effect the proper disposal of sewage, drainage, and waste; (2) With the approval of the governor, cooperate with, and receive money from the federal government, or any political subdivision of the State or from private sources for the study and control of water pollution; and (3) Conduct and supervise state educational and training programs on water pollution prevention, control, and abatement, including the preparation and distribution of information relating to water pollution. [L 1989, c 212, pt of §2]

HRS §342D-60 Annual reports

342D-60. Annual reports The director may publish annual reports on the quality of the state waters, which annual report shall include, but not be limited to: (1) A description of sampling programs and quality control methods procedures; (2) Statistical analysis and interpretation of the data on an annual basis by specific points (monitoring stations); (3) Discussion of the results of these analyses to the extent that the implications can be understood by the general public; (4) Recommendations for the modification of the water quality monitoring program to enhance its effectiveness for maintaining high standards of water quality in the State; and (5) A note of any significant changes in the quality of state waters. [L 1989, c 212, pt of §2]

HRS §342D-61 Household aerobic unit approval

342D-61. Household aerobic unit approval (a) The installation or use of household aerobic units that discharge directly to groundwater are prohibited in the State unless approved by the director. (b) The director shall approve household aerobic units based on the National Sanitation Foundation/American National Standards Institute Standard 245 for class I aerobic units. (c) The director may adopt rules, pursuant to chapter 91, necessary for the purposes of this section. [L 2017, c 89, §1]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342D/HRS_0342D-.htmFetched: 11/10/2026