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SECTION 3. Chapter 20, article 3, section 20 -40 of the Hawai`i County Code 1983 <br />(2005 Edition, as amended), is amended to read as follows: <br />"Section 20 -40. Explosives, radioactive wastes and other prohibited materials. <br />(a) No person shall dump, place, or remove to any County disposal facility, including <br />transfer stations, any prohibited materials as defined in this article or by the State <br />department of health rules, regulations and standards, including any radioactive or <br />chemical waste, any pesticides, explosives, blasting materials, fuses, live <br />ammunition, or other substances that may explode upon contact with heat or fire. <br />(b) Prohibited wastes which have been rendered nonhazardous by chemical <br />neutralization or stabilization in accordance with applicable rules, regulations and <br />standards of the State department of health may be delivered directly to a landfill for <br />disposal. <br />(c) Any law, rule, or regulation to the contrary notwithstanding, no person shall dump, <br />place, or remove to any County disposal facility, including transfer stations, in any <br />amount or any form, commercial cooking oil waste or commercial FOG waste, as <br />defined in section 20 -31. The foregoing prohibition shall apply only to the extent <br />that there are recyclers who are willing and able to accept such materials for <br />recycling, by way of either pick -up at the place of generation, or drop -off within <br />driving distance from the place of generation which is less than to the nearest County <br />landfill." <br />SECTION 4. Material to be repealed is bracketed and stricken. New material is <br />underscored. In printing this ordinance, the brackets, bracketed and stricken material, and <br />underscoring need not be included. <br />SECTION 5. If any provision of this ordinance, or the application thereof to any person <br />or circumstance, is held invalid, such invalidity shall not affect other provisions or applications <br />of the ordinance which can be given effect without the invalid provision or application, and to <br />this end, the provisions of this ordinance are declared to be severable. <br />SECTION 6. This ordinance shall take effect upon its approval. <br />INTRODUCED BY: <br />Kona , Hawai`i <br />Date of Introduction: September 19, 2012 <br />Date of 1st Reading: November 9, 2012 <br />Date of 2nd Reading: November 21, 2012 <br />Effective Date: December 14, 2012 <br />REFERENCE Comm. 800.9 2 <br />gER, OUNTY OF HAWAI`I <br />