Haw. Rev. Stat. § 46-20.1
This is the official text of Haw. Rev. Stat. § 46-20.1, part of Hawaii’s Rev. Stat — part of the compiled statutory law of Hawaii, published by the state as "Rev. Stat." Browse the sections below, each linked to its official government source.
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County ownership of sewer transmission lines and facilities servicing Hawaiian home lands.
Official statutory text
(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 before acceptance by the county; provided further that all sewer transmission lines and related sewerage facilities servicing Hawaiian home lands brought into compliance shall be accepted by a county within sixty days after the receipt by the appropriate county agency of a completed application for maintenance request; 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 before 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; am L 2025, c 145, §1]
(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 before acceptance by the county; provided further that all sewer transmission lines and related sewerage facilities servicing Hawaiian home lands brought into compliance shall be accepted by a county within sixty days after the receipt by the appropriate county agency of a completed application for maintenance request; 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 before 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; am L 2025, c 145, §1]
Status: in_force · Read it on the official government site
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