Section 11-62-31.1 - General requirements for individual wastewater systems(a) Individual wastewater systems may be used as a temporary on-site means of wastewater disposal in lieu of wastewater treatment works under the following conditions: (1) Developments involving dwellings. (A) There shall be 10,000 square feet of land area for each individual wastewater system;(B) Total development of an area shall not exceed fifty single family residential lots or exceed fifty dwelling units except for developments consisting of one dwelling unit per acre or greater;(C) Area of the lot shall not be less than 10,000 square feet, except for lots created and recorded before August 30, 1991. For lots less than 10,000 square feet which were created and recorded before August 30, 1991, only one individual wastewater system shall be allowed.(D) The total wastewater flow into one individual wastewater system shall not exceed one thousand gallons, and one individual wastewater system shall not serve more than five bedrooms, whether they are in one dwelling unit or two. (2) Developments involving buildings other than dwellings.(A) There shall be 10,000 square feet of usable land area for each individual wastewater system. Usable land area shall not include the area under buildings;(B) The total wastewater flow of the development shall not exceed 15,000 gallons per day;(C) Area of the lot shall not be less than 10,000 square feet except for lots created and recorded before August 30, 1991. For lots less than 10,000 square feet which were created and recorded before August 30, 1991, only one individual wastewater system shall be allowed; and(D) The total wastewater flow into each individual wastewater system shall not exceed one thousand gallons per day.(b) Whenever an individual wastewater system is allowed under subsection (a), the following shall apply:(1) The director may allow an individual wastewater system other than a cesspool to be used for two dwelling units which may or may not be located within the same building, provided that:(A) Both of the dwelling units are located on the same single family residential lot; and(B) The individual wastewater system used shall meet the current requirements of this chapter.(2) A building may use more than one individual wastewater system where each individual wastewater system shall connect to a single dwelling unit.(3) For buildings without any dwelling units: (A) More than one individual wastewater system may be used provided that the building is owned by one person; or(B) Upon the director's discretion, buildings may connect to one individual wastewater system other than a cesspool provided the buildings are located on the same lot and the buildings generate wastewater of similar strength and character.(4) For buildings, other than dwellings with highly variable wastewater flow rates, such as but not limited to schools, parks, and churches, the individual wastewater system excluding cesspools may exceed a design flow rate of 1000 gallons per day; provided that the density does not exceed 1000 gallons per day per 10,000 square feet of useable land area and the development is owned by one person.(c) The director may require the installation of dry sewers as a condition of approval of proposed individual wastewater systems where:(1) Public sewers exist but are at capacity such that connection is prohibited but remedial actions have been initiated to increase the public sewer capacity;(2) Public sewers exist, but the treatment and disposal system is not complete or operational;(3) Design of the public sewers has been completed and construction of the public sewers is imminent; or(4) Conditions warrant such requirements.(d) No cesspool shall be used as the wastewater system by any new building. No new cesspools shall be constructed after the effective date of this rule unless they have been approved for construction before the effective date of this rule.(e) Before the approval of the operation of an individual wastewater system excluding cesspools, the following requirements shall be satisfied:(1) An operation and maintenance manual developed pursuant to section 11-62-23.1(d)(2) as applicable shall be submitted and approved by the director; and(2) The owner of the individual wastewater system shall certify that the individual wastewater system shall be operated and maintained in accordance with all of the provisions of the operation and maintenance manual developed pursuant to paragraph (1). The certification shall include a statement that upon sale or transfer of ownership of the individual wastewater system, the sale or transfer will include the appropriate transfer documents and provisions binding the new owner to the operation and maintenance manual.(f) No person shall use an individual wastewater system until authorized in writing by the director.(1) Written approval to use an individual wastewater system shall be issued if: (A) The owner resolves all discrepancies recorded as a result of any inspections conducted.(B) The engineer furnishes a final inspection report to the director within thirty days after the completion of the construction which provides the following information: (i) A certification that the individual wastewater system was constructed and installed in accordance with the approved plans and specifications or that changes made to the approved plans and specifications are accepted by the engineer; and (ii) An "as-built" plan of the individual wastewater system; and(2) The director may inspect the individual wastewater system or its site at any time before approving the system and may require advance notice of the engineer's inspection.(g) A graywater system shall be designed in accordance with Chapter 3-183.(h) Each individual wastewater system shall be an independent system and shall have all of its plumbing, treatment (if any), and disposal components separate from any other wastewater system.(i) Wastewater into an individual wastewater system from buildings other than dwellings shall meet the pretreatment standards and local pollutant limits as set by the respective county. If the county does not have any local pollutant limits, the local limits as set forth by the City and County of Honolulu shall be used.(j) Certification of a qualified cesspool. A taxpayer seeking a cesspool upgrade, conversion, or connection income tax credit must obtain a certification by the director indicating: that the cesspool location makes it eligible to be a qualified cesspool; that the cesspool upgrade has been completed consistent with this rule and plans prepared by a licensed engineer; and the total dollar amount the taxpayer paid for the cesspool upgrade. The director may issue such certification only where the director has received: (1) A certification from a licensed contractor or licensed engineer that the cesspool is located within 200 feet of a shoreline, perennial stream, or wetland. Certifications are not required for properties that are located in their entirety within 200 feet of a shoreline, perennial stream, or wetland. The director shall certify as qualified all cesspools that are located within a source water assessment area (two year time of travel from a cesspool to a public drinking water source);(2) Design plans prepared by a licensed engineer for a sewer connection or individual wastewater system that complies with this chapter;(3) Certification by a licensed contractor of closure and filling of the cesspool and completion of an upgrade, either sewer connection or installation of an individual wastewater system that complies with this chapter; and(4) A licensed engineer's final construction inspection report with photos and as built plans and certifying that the system was constructed in accordance with design plans and this chapter. The director will review submitted documentation and provide certification to the taxpayer and the Department of Taxation of any qualified cesspool.(k) Certification of qualified expenses. The director will determine all qualified expenses for the tax credit. The taxpayer seeking a tax credit shall submit to the director all receipts of payments made to engineers and installers for the design, completed installation and final construction inspection for the cesspool upgrade along with the appropriate form as directed by the Department of Taxation. The director will notify the taxpayer and the Department of Taxation of the amount of the tax credit allowed for the tax year by noting the same on the form and affixing the signature of the director or the director's designee thereto. (l) If the annual amount of the certified credits reaches $5,000,000 in the aggregate, the director shall immediately discontinue certifying credits for that year and notify the Department of Taxation. Any taxpayer who is not eligible to claim the credit in a taxable year due to the $5,000,000 cap having been exceeded for that taxable year shall be eligible to claim the credit in the subsequent taxable year, except if the $5,000,000 cap was exceeded in 2020 and no additional credits are available.Haw. Code R. § 11-62-31.1
[Eff 8/30/91; am and comp 12/09/2004] (Auth: HRS §§ 321-11, 342D-4, 342D-5) (Imp: HRS §§ 321-11, 322-1 to 322-4, 322-8, 342D-2, 342D-4, 342D-5, 342D-6, 342D-50)