(a) The following conditions shall apply to each project receiving water pollution control financing under this part:

Terms Used In Hawaii Revised Statutes 342D-87

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Director: means the director of health. See Hawaii Revised Statutes 342D-1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Pollution: means water pollution. See Hawaii Revised Statutes 342D-1
  • Revolving fund: means the water pollution control revolving fund established by section 342D-83. See Hawaii Revised Statutes 342D-80
  • 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

(1) The project shall conform with the state water quality management plan developed under title 33 United States Code § 1285(j), waste treatment management” class=”unlinked-ref” datatype=”S” statecd=”US” title=”33″>1288, 1313(e), 1329, or 1330;
(2) The project shall be certified by the director as entitled to priority over other eligible projects on the basis of financial and water pollution control needs;
(3) In the case of wastewater treatment works construction projects, the application or agreement for the loan shall contain:

(A) Reasonable assurances that the applicant will provide for the proper and efficient operation and maintenance of the treatment works after its construction;
(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; and
(C) Any other provisions required by federal or state law or deemed necessary or convenient by the director;
(4) The county or state agency receiving these funds for a construction project shall require the installation of the low flow water fixtures and devices for faucets, hose bibbs, showerheads, urinals, and toilets in all new construction projects; provided that 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 any other standards as may be required by the respective county for all new residential and public buildings; and
(5) The county receiving these funds shall take specific steps to reduce polluted runoff into state waters through educational and regulatory programs.
(b) The use of federal funds and state matching funds in the revolving fund shall be in conformance with title 33 United States Code sections 1381 to 1387.
(c) The director may make and condition loans from the revolving fund which shall:

(1) Be made at or below market interest rates; and
(2) Require periodic payments of principal and interest with repayment commencing not later than one year after completion of the project for which the loan is made;

provided that all loans shall be fully amortized upon the expiration of the term of the loan.

(d) No loan of funds from the revolving fund shall be made unless the loan recipient pledges a dedicated source of revenue for the repayment of the loans. This pledge may be a county’s full faith and credit (a general obligation payable from its general fund), special assessments, revenues from an undertaking, system, or improvements, including user charges, or any other source of revenue.
(e) Notwithstanding section 414D-85 to the contrary, the director may hold individual members of the nonprofit organization that received the loan jointly and severally liable for the nonpayment or default of the loan.

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