(a) The director shall promulgate and enforce State Primary Drinking Water Regulations and may promulgate and enforce State Secondary Drinking Water Regulations. State Primary Drinking Water Regulations shall protect health to the extent feasible, using technology, treatment techniques, and other means which are generally available, taking cost into consideration. Maximum contaminant levels covered by revised National Primary Drinking Water Regulations shall be set at a level at which no known or anticipated adverse effects on the health of persons occur and which allows an adequate margin of safety. Treatment techniques covered by revised National Primary Drinking Water Regulations shall require treatment necessary to prevent known or anticipated adverse effects on the health of persons. The State Primary Drinking Water Regulations shall be not less stringent than the National Primary Drinking Water Regulations in effect at that time.

Terms Used In Hawaii Revised Statutes 340E-2

  • Administrator: means the administrator of the United States Environmental Protection Agency. See Hawaii Revised Statutes 340E-1
  • Contaminant: means any physical, chemical, biological, or radiological substance or matter in water. See Hawaii Revised Statutes 340E-1
  • Director: means the director of health or the director's authorized agent. See Hawaii Revised Statutes 340E-1
  • Federal Act: means the Safe Drinking Water Act, Public Law 93-523, as amended by the Safe Drinking Water Act Amendments of 1986, Public Law 99-339, and the Safe Drinking Water Act Amendments of 1996, Public Law 104-182. See Hawaii Revised Statutes 340E-1
  • Injection: means the subsurface emplacement of any material, liquid, semi-solid, or solid, or any admixture thereof, which may add a contaminant to underground waters. See Hawaii Revised Statutes 340E-1
  • National primary drinking water regulations: means primary drinking water regulations promulgated by the administrator pursuant to the Federal Act. See Hawaii Revised Statutes 340E-1
  • Person: means an individual, corporation, company, association, partnership, county, city and county, state, or federal agency. See Hawaii Revised Statutes 340E-1
  • Primary drinking water regulation: means a regulation or rule which:

    (1) Applies to public water systems;

    (2) Specifies contaminants which, in the judgment of the director, may have any adverse effect on the health of persons;

    (3) Specifies for each contaminant either:

    (A) A maximum contaminant level if, in the judgment of the director, it is economically and technologically feasible to ascertain the level of such contaminant in public water systems; or

    (B) If, in the judgment of the director, it is not economically or technologically feasible to ascertain the contaminant level[,] each treatment technique known to the director which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of § 340E-2; and

    (4) Contains criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels, including accepted methods for quality control and testing procedures to insure compliance with such levels and proper operation and maintenance of the system, and requirements as to:

    (A) The minimum quality of water which may be taken into the system; and

    (B) Siting for new facilities for public water systems. See Hawaii Revised Statutes 340E-1

  • Public water system: means a system which provides water for human consumption through pipes or other constructed conveyances if the system has at least fifteen service connections or regularly serves at least twenty-five individuals. See Hawaii Revised Statutes 340E-1
(b) Subject to § 340E-3, State Primary and Secondary Drinking Water Regulations shall apply to each public water system in the State; however, such regulations shall not apply to a public water system which:

(1) Consists only of distribution and storage facilities (and which does not have any collection and treatment facilities);
(2) Obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply;
(3) Does not sell water to any person; and
(4) Is not a carrier which conveys passengers in interstate commerce.
(c) The director shall adopt and implement procedures for the enforcement of State Primary Drinking Water Regulations, including monitoring, inspection, and recordkeeping procedures, that comply with regulations established by the administrator pursuant to the Federal Act.
(d) The director may promulgate and enforce regulations relating to cross-connection and backflow prevention control.
(e) The director shall promulgate regulations establishing an underground injection control program. Such program shall prohibit any underground injection which is not authorized by a permit issued by the director; provided that the director shall not issue permits for the construction of sewage wastewater injection wells unless alternative wastewater disposal options are not available, feasible, or practical; provided further that the director may authorize underground injection by regulation. Underground injection authorized by regulation shall not endanger drinking water sources. Any underground injection control program shall:

(1) Set standards and prohibitions controlling any underground injection if such injection may result in the presence of any contaminant in underground water which supplies or may be expected to supply any public water system, and if the presence of such contaminant may result in such system’s not complying with any national primary drinking water regulation or may otherwise adversely affect the health of persons;
(2) Require, in the case of a program which authorizes underground injection by permit, that the applicant for the permit satisfy the director that the underground injection will meet the requirements of paragraph (1); and
(3) Include inspection, monitoring, recordkeeping, and reporting requirements.

For purposes of this subsection:

“Injection well” means a bored, drilled, or driven shaft, or a dug hole, whose depth is greater than its widest surface dimension and into which subsurface disposal of fluid or fluids occurs or is meant to occur by means of injection.

“Sewage wastewater” means any liquid wastewater that includes sewage from humans or household operations, regardless of whether the wastewater has been treated or whether the wastewater pollutes or tends to pollute state waters.

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