Ordinance 2012-01 Relating to Plastic Bag Reduction

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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 _. Plastic Bag Reduction. Section 14 -_. Purpose. The purpose of this article is to reduce the use of plastic bags and to encourage the use of environmentally preferable alternatives, such as reusable cloth or paper bags. Section 14- . Definitions. As used in this article: "Business" means any commercial enterprise or establishment, including sole proprietorships, joint ventures, partnerships and corporations, or any other legal entity, and includes any independent contractors associated with the business. "Plastic checkout bag" means a carryout bag that is provided by a business to a customer for the purpose of transporting groceries or other retail goods, and that is made from non - compostable or compostable plastic and not specifically designed and manufactured for multiple re -use. "Reusable bag" means a bag that is specifically designed and manufactured for multiple re -use and is (1) made of cloth or other machine washable fabric or (2) made of paper specifically designed for multiple and long- term use. Section 14- . Administration. The director of the department of environmental management shall administer this article including providing education and enforcement and shall adopt administrative rules including defining permissible bags and establishing penalties pursuant to chapter 91, Hawaii Revised Statutes, within one hundred eighty days from the effective date of this ordinance. Section 14 -_. Plastic checkout bags prohibited. Businesses shall not provide plastic checkout bags to their customers. Section 14 -_. Exemptions. (a) Organizations classified under Section 501 (c) of the United States Internal Revenue Code and non - incorporated community booster organizations are exempt from the provisions of this article. (b) Businesses may make plastic checkout bags available for purchase for one calendar year after the effective date of this ordinance." 2