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HomeMy WebLinkAboutBIL 032 Draft 01 2014-2016OFFICE INFORMATION ONLY Meeting: Rmtronmental Management Committee — July 23, 2015 Action: Withdrawn by introducer (Wille). Re: Bill 32: Comm. 199 (2014-2016 term) �JMtY Os N1�1 COUNTY OF HAWAII •_ STATE OF HAWAII �Tt OF•NP•1 BILL NO. 32 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) BY ADDING A NEW ARTICLE RELATING TO DISPOSAL OF REFUSE IN A MANNER THAT REWARDS THOSE WHO SEPARATE THEIR RECYCLABLES AND COMPOSTABLES FROM LANDFILL REFUSE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L• SECTION 1. Findings and Purpose: This bill requires the Director of Environmental Management to implement a partial pay -per -bag fee program for refuse to be landfilled. A pay per bag fee has been found to be a viable means of maximizing the diversion of recyclables and compostables from municipal sanitary landfills and incinerators and reducing the total amount of refuse being disposed of This Ordinance allows each household and each business one 33 gallon bag of refuse per week without any bag fee. Studies have shown that a pay -per -bag program does not result in a significant increase in illegal dumping. For example, in a 1997 Environmental Protection Agency study of 212 communities in 30 states that implemented a pay per bag program, the amount of waste per household decreased by 14 to 27 percent and the recyclables collected increased by 32 to 59 percent in the first year. There was no evidence of any significant increase in illegal dumping: only 19 percent reported any increase, 48% reported no change, 6 percent reported less illegal dumping, and 27 percent did not track or report regarding illegal dumping. Implementation of meaningful zero waste educational programs has been found to minimize the likelihood of increased illegal dumping at the time the pay per bag program is initiated. By discouraging the landfilling of refuse, this Ordinance is consistent with HRS § 342G-2 which sets forth the following order of priorities: 1. Source Reduction 2. Recycling and bioconversion (including composting) 3. Landfilling and incineration. This ordinance is also consistent with the County's Zero Waste policy as spelled out in adopted Resolutions: No. 356-07, Draft 2; "A Resolution to Embrace and Adopt the Principles of Zero Waste as a Long -Term Goal for Hawai'i County"; and Resolution No. 525-14 "A Resolution Strongly Urging The Director Of The Department Of Environmental Management To Increase The Diversion Rate O_f Solid Waste As Recommended In The 2009 Zero Waste Implementation Plan For The County Of Hawai 'i. " SECTION 2. Chapter 14, Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new article to be appropriately designated and to read as follows: "Article _. Required Payment For Landfilled Refuse Above Designated Volumes. Section 14-_. Purpose. The purpose of this bill is to require the Director of Environmental Management to implement a partial pay -per -bag fee for refuse to be landfilled. Section 14- . Administration. The Director of the Department of Environmental Management shall administer this article including providing education and enforcement and pursuant to Chapter 91 Hawaii Revised Statutes shall adopt administrative rules to establish fines and penalties, and to adopt such other rules as are necessary to effectuate this article. This program shall be referred to as PAYTIL (Pay As You Throw In Landfill). Section 14-_. Required Implementation of PAYTIL. The Director of the Department of Environmental Management shall implement PAYTIL for landfilled refuse, whether disposed of directly at one of the sanitary landfills or at one of the County's transfer stations. Section 14-_. Distribution of EM bags tags. Prior to January 1, 2017, the Director shall make available to each residential household and each business location a total of 52 EM bag tags for use with bags with a volume of up to 33 gallons at no cost. Section 14-_. Distribution of EM bags. Prior to January 1, 2017, the Director shall make available to the public biodegradable bags of up to 15 and up to 33 gallon volumes. The charge for EM bags with a volume of up to 15 gallons shall be $.50 each. The charge for EM bags with a volume of up to 33 gallons shall be $ 1.00 each. Section 14- . Fee Schedule for Landfill Refuse. There is no charge at the sanitary landfills or at the County's transfer stations for deposit of EM bags or bags with an EM bag tag distributed by the Department of Environmental Management, as specified in Section 14-_. Distribution of EM bags and Section 14-_. Distribution of EM bags tags. During the first two years of implementation of PAYTIL, the cost for land fill refuse that is not in an EM bag or does not have an EM bag tag affixed thereto, is as follows: a) The cost for bags with a volume of up to 15 gallons or less is $1.00; b) The cost for bags with a volume of up to 33 gallons is $2.00; c) The cost for landfill refuse per cubic yard is $5.00; d) The cost for landfill refuse by weight is $100.00 per ton, and prorated thereafter based on $100.00 per ton or fraction thereof; 1A c) In cases where a weight scale is temporarily unavailable, the fee shall be based on the volume or estimated volume of refuse; and I) In cases where there is temporary unavailability of containers for deposit of compostables and recyclables, there is no penalty for landfilling the compostable and recyclable materials. After the PAYTIL program has been in ellect for two years, the director may revise the above fee schedule pursuant to rulemaking under, Hawaii Revised Statutes, Chapter 91. Section 14- . Exigent circumstances. In cases of exigent circumstances, the mayor may temporarily waive the disposal fees on a week by week basis. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions- or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 4. This ordinance shall take effect upon approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , llawai'i Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Fffective Date: REFERENCE Comm. 199