ADMINISTRATIVE RULES RELATING TO PLASTIC BAG REDUCTION FINAL 12-20-12

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"ARTICLE _IV Plastic Bag Reduction CHAPTER 1— General Provisions Section 1.01- Title. The rules of this chapter shall be known as the "Rules Relating to Plastic Bag Reduction ". Section 1.02 — Purpose. These rules shall govern administrative procedures and enforcement of Chapter 14, Article 20, Hawaii County Code. Section 1.03 — Definitions. For the purpose of these rules, unless it is plainly evident from the context that a different meaning is intended, the words and phrases used herein are defined as follows: "Business" means any commercial enterprise or establishment, including sole proprietorships, joint ventures, partnerships and corporations, or any other legal entity, and includes independent contractors associated with the business. Exempted from these rules are organizations classified under Section 501 (c) of the United States Internal Revenue code or non - incorporated community booster organizations. "Commission" means the Environmental Management Commission. "Continuing violation" means any violation that continues beyond the time for correction as set forth in any order of the director. "Days" means calendar days unless otherwise specified. "Department" means the department of environmental management. "Director" means the director of the department of environmental management or the director's designated representatives. "Mil Thickness" means a unit of measurement that is equal to .001" or "one one - thousandth of an inch ". In the United States, the gauge or thickness of a plastic bag is measured by mils. "Notice of violation and order" means a document signed by the director, identifying that a business is not in compliance with Chapter 14, Article 20, Hawaii County Code, or these rules, and specifies corrective action and may assess fines, as provided by Chapter 14, Article 20, Hawaii County Code, and these rules. "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 plastic or compostable plastic, and is not specifically designed and manufactured for multiple re -use. "Prescription drug" means the same as defined in section 461 -1, Hawai'i Revised Statutes, as amended. "Reusable bag" means a bag that is specifically designed and manufactured for multiple re -use and is: (1) Made of cloth or other washable fabric, or (2) Made of paper specifically designed for multiple and long term use.