HomeMy WebLinkAboutBIL 033 Draft 01 2014-2016COUNTY OF HAWAIII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 33
AN ORDINANCE AMENDING: CHAPTER 2, ARTICLE 40, SECTION 2-202;
CHAPTER 20, ARTICLE 3, SECTIONS 20-31,20-35, AND 20-36; AND CHAPTER 20,
ARTICLE 5, SECTIONS 20-43 AND SECTION 20-52, AND ADDING A NEW SECTION
TO CHAPTER 20, ARTICLE 3, OF THE HAWAII COUNTY CODE 1983 (2005
EDITION, AS AMENDED), RELATING TO REFUSE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L•
SECTION 1. Findings and Purpose.
The principles of zero waste emphasize a resource management approach by way of
programs aimed at "reduce, reuse, and recycle". By diverting these materials from the waste
stream, the Council aims to extend the lifespan of the existing landfills, provide for the near
future closure of the East Hawaii Sanitary Landfill, and avoid consideration of construction of a
mass burn incinerator or an additional landfill site. This Ordinance will also allow the Director of
Environmental Management to manage the trucking of trash in a more economical manner and
will afford small commercial hauling operations the opportunity to utilize the transfer stations for
loads of six cubic yards or less.
This Ordinance will implement the numerous Zero Waste resolutions that have been
approved by the Council. On December 19, 2007, the Council adopted Resolution No. 356-07,
Draft 2, "A Resolution to Embrace and Adopt the Principles of Zero Waste as a Long -Term Goal
for Hawaii County." On January 23, 2009, the Council adopted Resolution No. 826-08, Draft 2,
which urged the Director of the Department of Environmental Management to develop an
ordinance and implement a plan to prohibit food, paper, and compostable organics from Hawaii
County landfills by 2012. The target year of 2012 has passed and there is no ordinance and
implementation plan in place that prohibits the landfilling of food, paper, and compostable
organics. On April 17, 2012, the Council adopted Resolution 232-12, Draft 2, "A Resolution
Urging the Mayor to Develop and Implement a Fully Funded Diversion Grants Pilot Program for
the County of Hawaii" The Council's intention for the County to adopt Zero Waste policies is
also articulated in Resolutions: No. 356-07, Draft 2; "A Resolution to Embrace and Adopt the
Principles of Zero Waste as a Long -Term Goal for Hawaii County"; and most recently in
Resolution No. 525-14 "A Resolution Strongly Urging the Director of the Department of
Environmental Management to Increase the Diversion Rate of Solid Waste as Recommended in
the 2009 Zero Waste Implementation Plan for the County of Hawai`i."
SECTION 2. Chapter 2, article 40, section 2-202, Hawaii County Code 1983 (2005
Edition, as amended), is amended to read as follows:
"Section 2-202. Powers, duties and functions. The department of environmental
management shall manage solid waste, wastewater, [and] recycling, and composting programs of
the County, and exercise other functions prescribed by ordinance. The department shall
administer this article as well as chapters 20 and 21 through the director. The director may
delegate to any person such power and authority vested in the director as the director deems
reasonable and proper for the effective administration of these chapters, except the power to
make rules. The director may adopt, amend, and repeal rules relating to solid waste, wastewaters
[and] recycling[...], and composting,"
SECTION 3. Chapter 20, article 3, section 20-31, Hawaii County Code 1983 (2005
Edition, as amended), is amended by adding the definitions of "compostables" and "recyclables"
to be appropriately inserted and to read as follows:
`"`Compostables" means materials typically originating from rom plant or animal sources, which
may be broken down by other living_ organisms. Compostables include, but are not limited to,
green waste, preconsumer produce, food scraps, soiled paper, and biodegradable plastics. The
term does not include human waste, biosolids (sewage sludge), and slaughterhouse waste."
""Recyclables" are discarded materials that can be reused or remade into other useable
material."
SECTION 4. Chapter 20, article 3, section 20-31, Hawaii County Code 1983 (2005
Edition, as amended), is amended by amending the definition of "Refuse" to read as follows:
""Refuse" means any discarded or disposable matter, including garbage, rubbish, [and]
swillL-.j, compostables, and recyclables."
SECTION 5. Chapter 20, article 3, section 20-35, Hawaii County Code 1983 (2005
Edition, as amended), by adding a new subsection (h) to read as follows:
Ah) There shall be an additional fee of $1200 annually, or as may be prorated on a quarterly
basis, for commercial haulers hauling loads of 6 cubic yards or less of source separated
materials, including compostables and recyclable, to obtain a permit to dispose of the separated
materials at county -funded transfer stations. No additional fee shall be charged to commercial
haulers at the transfer stations for separated recyclables and compostables."
SECTION 6. Chapter 20, article 3, section 20-36, Hawaii County Code 1983 (2005
Edition, as amended), is amended to read as follows:
"Section 20-36. Refuse removal business; restrictions.
(a) Any vehicle used for the collection and removal of refuse shall be kept in a clean,
inoffensive, and sanitary condition.
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(b) All refuse shall be handled and hauled in such a manner so as to prevent the scattering,
spilling, or leaking of the refuse.
(c) On or before January 1, 2018, all commercial haulers shall make provision to collect source
separated materials and prevent their coming when such materials are presented to them
for pick-up.
LdJ Commercial haulers that have obtained and display a valid permit for use of county funded
transfer stations are permitted to dispose of source separated materials at county-funded
transfer stations regardless of whether these materials were generated by residential,
business, non-profit or institutional customers.
[(c-)] Lel Certain transfer stations will be designated and determined to be incompatible for use by
businesses or commercial activities. Use of these designated transfer stations by business or
commercial activities shall be prohibited after July 1, 1989, except as authorized by written
permit with conditions set forth by the director.
[(4)](f) No person, business, Federal or State agency, religious entity or nonprofit organization
shall, at any County solid waste facility, dispose of any rubbish, prohibited materials or
refuse which has been brought into the County of Hawaii as rubbish, prohibited materials
or refuse from outside of the County of Hawaii. This subsection shall not apply to refuse
generated en route in the ordinary course of business by aircraft or maritime passengers or
crew, incidental to operations of aircraft or maritime traffic arriving in the County.
[(e)](g)Violation of these restrictions will be subject to the penalties of this article as well as
revocation of the businesses' baggage and freight license."
SECTION 7. Chapter 20, article 3 of the Hawaii County Code 1983 (2005 Edition, as
amended) is amended by adding a new section to be appropriately designated and to read as
follows:
"Section 20-_. Disposal of compostables or recyclables.
(aa) Landfilling of any compostable or recyclable material is prohibited in any landfill or facility
container intended for transfer to any landfill beginning on January 1, 2018.
bb) In the event that a container for compostable or recyclable material is unavailable at any
transfer station or disposal facility at a landfill, the person disposing of these materials in a
container for landfill waste shall not be penalized."
SECTION 8. Chapter 20, article 5, section 20-43, Hawaii County Code 1983 (2005
Edition, as amended), is amended to read as follows:
"Section 20-43. Acceptance of refuse for disposal; restrictions.
(a) Acceptance at landfills or other similar disposal areas.
(1) Any person having any nonprohibited rubbish, unburnable material, or refuse,
excluding garbage, in the County, which is not acceptable at a transfer station, is
authorized by the department to enter into and properly deposit such material into the
designated area of the landfill on any day during the normal working hours of the
landfill. All permitted materials, when properly deposited, shall be accepted by the
department.
(2) Any person having any large or bulky material, such as a car, water heater or properly
altered stove or refrigerator which does not contain any garbage, refuse, swill or any
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other rubbish at the time of disposal, is authorized by the department to enter into and
properly deposit such material into the designated area of the landfill on any weekday
during the normal working hours of the landfill. All permitted materials, when
properly deposited, shall be accepted by the department.
(3) Any person having any small dead animal, such as a dog or cat, as well as garbage, is
authorized by the department to enter into and properly deposit such material into the
designated area of the landfill from 7:00 a.m. to 3:00 p.m. Permitted small dead
animals and garbage, when properly deposited, shall be accepted by the department.
(4) Any unauthorized person entering into the landfill during nonworking hours or for
purposes other than that permitted in this section shall be considered to be a trespasser,
and shall be subject to the penalties of this article.
(b) Acceptance at transfer stations.
(1) All acceptable household refuse, including shrubbery and yard trimmings, deposited
into the transfer station solid waste container shall be accepted by the County for
disposal on any day during normal working hours of the station. No item shall exceed
four feet in any dimension or weigh more than fifty pounds.
(2) Beginningon n July 1, 2015, commercial haulers displaying a valid permit for use of
County funded transfer stations are not prohibited from disposing of source separated
materials at any transfer stations, provided all such separated materials are disposed of
as directed at the transfer station.
[(2-)] (3) Prohibited materials shall include, other than in the case of commercial haulers
displaying a valid permit for use of County funded transfer stations, [411] all
commercially hauled rubbish, garbage, swill or refuse, prohibited materials as defined
by the State department of health and partially listed herein, refuse generated by a
business, Federal or State agency, religious entity or nonprofit organization, construction
or demolition wastes, abandoned vehicles, dead animals, animal carcasses and other
similar organic wastes.
(c) Except as permitted by the director, no material resulting from construction, land clearing,
wrecking of any building or structure, or wastes generated by manufacturing[,] or industrial[
agr4ettitur- ] processes [sueh as heat, fish, poultry, vegetable, of f uit r eg] shall be
acceptable for disposal in any County disposal facility.
(d) Improper depositing of any material in any County landfill or transfer station is considered to
be littering, and violators will be subject to the penalties of this article."
SECTION 9. Chapter 20, article 5, section 20-52, Hawaii County Code 1983 (2005
Edition, as amended), is amended to read as follows:
"Section 20-52. Exemptions.
(a) During a time of declared emergency the mayor may, by executive order, direct the
transportation of materials from a transfer station to a landfill as deemed practicable and
necessary.
Under the circumstances set forth below, the director may direct the transportation of refuse,
other than compostables and recyclables, from any transfer station to either landfill under the
following conditions:
(1) When transporting to the alternative landfill would avoid penalty fees;
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(2) When transporting to the alternative landfill would meet designated minimum
volumes to qualify for discounted fees; or
Q) Where repairs or improvements are being made at one of the landfills."
SECTION 10. 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 11. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material and
underscoring need not be included.
SECTION 12. this ordinance shall take effect upon approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF IIAWAI-I
. I Iawai,i
Date of Introduction:
Date of Ist Reading:
Date of 2nd Reading:
Eflective Date:
REFERENCE Comm. 200