2020 Hawaii Revised Statutes
Title 6. County Organization and Administration
46. General Provisions
46-20.1 County ownership of sewer transmission lines and facilities servicing Hawaiian home lands.
§46-20.1 County ownership of sewer transmission lines and facilities servicing Hawaiian home lands. (a) All sewer transmission lines and other sewerage facilities servicing Hawaiian home lands existing on [July 7, 2014,] that were developed, constructed, operated, improved, or maintained by a county, or for which a county otherwise has an obligation to operate, improve, repair, maintain, or replace, are confirmed to be owned by the county in which the sewer lines and facilities are located, including those lines and facilities located on Hawaiian home lands.
(b) Upon demand by the department of Hawaiian home lands, each county shall accept the license or dedication and ownership of any and all sewer transmission lines and other sewerage facilities servicing Hawaiian home lands and that are not subject to subsection (a), as may be identified by the department of Hawaiian home lands; provided that:
(1) Any sewer lines or other sewerage facilities:
(A) Not subject to subsection (a);
(B) Existing before [July 7, 2014]; and
(C) That the appropriate county determines are not in substantial compliance with environmental laws, rules, and regulations pertaining to the dedication or license of the sewers to the counties at the time of their construction,
shall be brought into compliance with those laws, rules, and regulations by the department of Hawaiian home lands prior to acceptance by the county; and
(2) Sewer transmission lines and other sewerage facilities completed after [July 7, 2014,] shall comply with all applicable federal, state, and county environmental, design, and construction requirements prior to acceptance by a county.
(c) Each county shall operate, improve, repair, maintain, and replace, as necessary, the sewer transmission lines and other sewerage facilities that are subject to subsection (a) or (b).
(d) No county shall abandon or terminate the service of sewer transmission lines and other sewerage facilities subject to this section without the approval of the department of Hawaiian home lands; provided that the department shall not unreasonably withhold approval if abandonment or termination is necessary. If sewer transmission lines or other sewerage facilities are abandoned or terminated, the appropriate county shall make alternate sewer transmission lines and other facilities available to service the affected Hawaiian home lands. [L 2014, c 227, §2]
