BIL 326 Draft 01 2006-2008 - Laserfiche WebLink

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Section 20-52. Administration. (a) The director shall administer this article and shall adopt administrative rules pursuant to chapter 91, Hawaii Revised Statutes, within one hundred eight days from the effective date of this ordinance. fib) On or before September 1 of each Xear, the director shall submit to the council a report assessing any reduction in the use of non-biodegradable plastic bags. Section 20-53. Nonbiode~radable plastic bad restrictions. ~a) Businesses are prohibited from providing non-biodegradable plastic checkout bags to their customers at the point of sale beginning one year from the effective date of this ordinance. (b) Businesses may instead provide only compostable ba s, rec cly able paper bags or reusable bays as checkout bags for their customers, subject to the limitation of section 20-54. ~c) Nothing in this article shall preclude a business from making reusable, compostable or rec cl~paper checkout bags available either for sale or without charge to their customers. Section 20-54. compostable bads. Businesses are prohibited from providing compostable checkout bags to customers at the point of sale beginnin f~years from the effective date of this ordinance. Section 20-55. Violation and penalties. (a) Anv violation of this article is a misdemeanor and any business convicted of a violation shall be sentenced to pay a fine not exceeding $250 for each offense. b) Fines collected pursuant to this chapter shall be deposited into the public access_ oven space, and natural resources fund, as authorized by section 2-214(b)(3), which permits monies to be deposited to the fund from "any source of revenue dedicated by the Hawaii County Charter or the Hawaii County Code for the purposes of this article." According to section 2-214(d), the fund shall be used for acquiring lands in the County for the purposes of "(3) Protection of natural resources, including buffer zones" and "(4) Preservation of forests, beaches, coastal areas, natural beaut and agricultural lands." The reduction of plastic bags directly contributes to the protection of natural resources in the County, including the preservation of marine and agricultural species that suffer injuries and death from accidental entanglement and ingestion of plastic bates."