(a) Whenever a public water system:

Terms Used In Hawaii Revised Statutes 340E-6

  • Contaminant: means any physical, chemical, biological, or radiological substance or matter in water. See Hawaii Revised Statutes 340E-1
  • Department: means the department of health. 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
  • 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
(1) Fails to comply with an applicable maximum contaminant level, treatment technique, or testing procedure requirement of a state primary drinking water regulation;
(2) Fails to perform monitoring required by regulations adopted by the director;
(3) Is subject to a variance granted for an inability to meet a maximum contaminant level requirement;
(4) Is subject to an exemption; or
(5) Fails to comply with the requirements of any schedule prescribed by such a variance or exemption;

the public water system shall promptly notify the department, and in the case of a violation under [paragraph (1)], the local communications media, of the conditions and the extent to which they may impose adverse effects on public health and the corrective action being taken when appropriate.

(b) Notice of any violation determined by the director as posing a serious adverse health effect as a result of short term exposure shall be given as soon as practicable, but not later than twenty-four hours after the violation.
(c) The director shall prescribe by rules the form, content, and manner for giving notice. The rules may contain such additional public notification requirements as the director determines are necessary to best effectuate the purpose of this chapter, including consumer confidence reports, and may also contain alternative notice requirements as allowed by the Federal Act.

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