(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.

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Terms Used In Hawaii Revised Statutes 342D-54

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Department: means the department of health. See Hawaii Revised Statutes 342D-1
  • Director: means the director of health. See Hawaii Revised Statutes 342D-1
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Pollution: means water pollution. See Hawaii Revised Statutes 342D-1
  • State waters: means all waters, fresh, brackish, or salt, around and within the State, including but not limited to coastal waters, wetlands, streams, rivers, drainage ditches, ponds, reservoirs, canals, ground waters, and lakes; provided that drainage ditches, ponds, and reservoirs required as a part of a water pollution control system are excluded. See Hawaii Revised Statutes 342D-1
  • Treatment works: means any plant or other facility used for the purpose of controlling water pollution. See Hawaii Revised Statutes 342D-1
  • waste: means any liquid, gaseous, and solid substance, whether treated or not, and whether or not it pollutes or tends to pollute state waters, and "waste" excludes industrial and agricultural substances that are not combined with substances from humans or household operations. See Hawaii Revised Statutes 342D-1
  • wastewater: means any liquid "waste" as used above, whether treated or not. See Hawaii Revised Statutes 342D-1
  • Water pollution: means :

    (1) Such contamination or other alteration of the physical, chemical, or biological properties of any state waters, including change in temperature, taste, color, turbidity, or odor of the waters, or
    (2) Such discharge of any liquid, gaseous, solid, radioactive, or other substances into any state waters,

    as will or is likely to create a nuisance or render such waters unreasonably harmful, detrimental, or injurious to public health, safety, or welfare, including harm, detriment, or injury to public water supplies, fish and aquatic life and wildlife, recreational purposes and agricultural and industrial research and scientific uses of such waters or as will or is likely to violate any water quality standards, effluent standards, treatment and pretreatment standards, or standards of performance for new sources adopted by the department. See Hawaii Revised Statutes 342D-1

(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 § 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 § 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.