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CHAPTERI BACKGROUND <br />Introduction <br />This limited scope performance audit of the Department of Environmental Management, Solid Waste <br />Division, Recycle and Diversion Grant Program was initiated at the request of the Hawaii County <br />Council in Resolution No. 168 -05. <br />Laws, Rules, and Plans <br />Federal <br />Solid Waste is regulated on the federal level under Title 40 of the Code of Federal Regulations <br />(CFR), chapter I, subchapter I, parts 239 to 299, which is administered by the Environmental <br />Protection Agency (EPA) through its Office of Solid Waste. The EPA's goal for municipal solid <br />waste management (MSW) contained in the Government Performance and Results Act provides: <br />"By 2005, facilitate source reduction to reduce MSW generation to 4.3 lbs /person/day <br />and facilitate increased recycling, including composting, to divert at least 35 percent <br />of MSW from landfilling and combustion by 2005." <br />State <br />In 1991, the "Hawai`i Integrated Solid Waste Management Act" was enacted and codified in chapter <br />342G of the Hawaii Revised Statutes. The Act mandates that source reduction, recycling, and <br />bioconversion be given the highest priority by the State and counties in designing and implementing <br />their respective solid waste management plans and systems. <br />FIRS §342G -2, "Solid waste management priorities," provides: <br />"(a) This chapter shall be known and may be cited as the 'Hawai'i Integrated Solid <br />Waste Management Act.' <br />(b) In implementing this chapter, the department and each county shall consider the <br />following solid waste management practices and processing methods in their <br />order of priority: <br />(1) Source reduction; <br />(2) Recycling and bioconversion, including composting; and <br />(3) Landfilling and incineration. <br />The respective roles of landfilling and incineration shall be left to each county's <br />discretion. <br />