HomeMy WebLinkAboutBIL 207 Draft 01 2018-2020COUNTY OF HAWAII
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STATE OF HAWAII
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BILI, NO. 207
ORDINANCE NO.
AN ORDINANCE RELATING TO THE MANAGEMENT OF SOLID WASTE IN THE
COUNTY OF HAWAII, THAT AMENDS THE FOLLOWING PROVISIONS OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED):
1) CHAPTERS 2, ARTICLE 40 (DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT);
2) CHAPTER 14, ARTICLE 20 (PLASTIC BAG REDUCTION); NEW ARTICLE 24
(LITTERING); NEW ARTICLE 25 (CLEARING OCCUPIED AND UNOCCUPIED
LOTS); AND
3) CHAPTER 20 (REFUSE), NEW CHAPTER 20 (INTEGRATED SOLID WASTE
MANAGEMENT).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
PART I. NEW PROVISIONS
SECTION 1. Chapter 14 of the Hawaii County Code 1983 (2016 Edition, as amended) is
amended by adding a new article 24 to read as follows:
"Article 24. Littering.
Section 14-141. Definitions.
As used in this article:
"Handbill" means any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies
of any matter of literature.
"Litter" means any waste material including, but not limited to, any animal and vegetable
wastes, and any other solid waste such as dirt, ashes, street cleanings, dead animals or parts of
dead animals, market and industrial wastes, bagasse, cane trash, paper, wrappings, cigarettes,
cardboards, tin cans, yard clippings, leaves, wood, tree trimmings, glass, bedding, crockery,
furniture, appliances, scrap metal and any other waste material commonly or ordinarily regarded
as being garbage, rubbish, refuse, trash or swill.
"Newspaper" means a public print of general circulation issued for compensation at daily
or weekly intervals reporting the news or, happenings of local, national, or foreign interest, such
as social, religious, political, moral, business, professional, editorial, and other kindred subjects,
as well as trade, market, money reports, advertisements and announcements.
"Private premises" means any dweliing, house, building or other structure, designed or
used either wholly or in part for private residential purposes, whether inhabited or temporarily or
continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch,
steps, vestibule, or mailbox belonging to or appurtenant to a dwelling, house, building, or other
structure.
"Public place" means any street, sidewalk, boulevard, alley or other public way and any
public park, square, space, ground or building.
Section 14-142.' Littering prohibited; use of public receptacles.
(a) No person shall scatter, throw, drop, deposit, or place or cause to be scattered, thrown,
dropped, deposited, or placed any litter on any highway, street, road, alley, sidewalk, sea
beach, public park, or other public place in the County.
(b) Any person placing litter in a public receptacle or in an authorized private receptacle shall
do so in a manner which prevents the litter from being carried or deposited by the elements
upon any street, sidewalk, or other public place, or upon private property.
Section 14-143. Sweeping into streets and sidewalks prohibited.
(a) No person shall sweep into or deposit in any gutter, street, or other public place the
accumulation of litter from any building or lot or from any public or private sidewalk or
driveway.
(b) Any person owning or occupying property shall keep the sidewalk in front of that person's
premises free of litter.
Section 14-144. Merchant's duty to keep sidewalk clean of litter.
(a) No person owning or occupying a place of business shall sweep into or deposit in any
gutter, street, or other public place the accumulation of litter from any building or lot or
from any public or private sidewalk or driveway.
(b) Any person owning or occupying a place of business shall keep the public walking and
parking areas in front of that person's business premises free of litter.
Section 14-145. Litter prohibited on occupied private property.
No person shall throw or deposit litter on any occupied private property, whether owned by
that person or not, except that the owner or person in control of private property may maintain
any authorized private receptacle for collection in a manner that litter will be prevented from
being carried or deposited by the elements -upon any street, sidewalk, or other public place or
upon any private property.
Section 14-146. Distributing handbills at inhabited private premises.
(a) No person shall throw, deposit, or distribute any handbill in or upon private premises which
are inhabited, except by handling or transmitting any handbill directly to the owner,
occupant, or other person then present in or upon the private premises; provided that the
person distributing the handbill, unless requested not to do so by owner, occupant, or other
-person lawfully on the premises, may place or deposit any handbill in or upon the inhabited
premises if the handbill is so placed or deposited as to secure or prevent the handbill from
being blown or drifted About the premises or sidewalks, streets, or other public places,
except- that mailboxes may not be used when prohibited by Federal postal law or
regulaions.
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(b) Subsection (a) shall not apply to the distribution of mail by the United States, nor of any
newspaper, except that a newspaper shall be placed on private property in a manner which
prevents the newspaper from being carried or deposited by the elements upon any street,
sidewalk, or other public place or upon private property.
Section 14-147. Summons or citation for violation.
A police officer shall use a form of summons or citation provided by the County in citing a
violator of any provision of this article.
Section 14-148. Penalty.
(a) Any person who violates any provision of this article shall, upon conviction, be sentenced
to pay of fine of not more than $1,000 and/or not more than 200 hours of community
service or both for each offense and shall be required to remove their' litter or shall be liable
for the costs of removing that litter. ,
(b) Each day of violation shall constitute a separate offense."
SECTION 2. Chapter 14 of the Hawaii County Code 1983 (2016 Edition, as amended) is
amended by adding a new article 25 to read as follows:
"Article 25. Clearing Occupied and Unoccupied Lots.
Section 14-149. Definitions.
As used in this article:
"Refuse" means any discarded or disposable matter, including garbage, rubbish, and swill.
"Swill" means any food waste which is fit for animal consumption.
"Undergrowth" means any bush, small tree, or other vegetation.
"Unsafe flora" means any or any part of a tree, bush, vine, or grass that poses an imminent
danger for fire, health, safety, property damage, or criminal threat to persons or adjacent property
and structures including buildings, roofs, rain gutters, antennae, driveways, landscaping, privacy
structures (including gates, fencing, and stone walls), tents, garages, automobiles, power lines,
phone lines, playground equipment, water catchment tanks, swimming pools, or any other
structures and property not identified here.
Section 14-150. Removal of refuse, undergrowth, and unsafe flora required.
Every owner of any occupied or unoccupied lot the frontage of which abuts or adjoins any
public street or highway within the County, shall clear the lot of all refuse, uncultivated
undergrowth, and unsafe flora thereon to a depth of not exceeding one hundred feet from any
street or highway adjoining, whenever on the lot there is refuse, uncultivated undergrowth, or
unsafe flora to an extent that the lot poses or is likely to pose an imminent danger for fire, health,
safety, property damage, or crime hazard.
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Section 14-151. Complaint by adjacent or abutting owner(s); request to clear.
(a) If a majority of all the adult residents within a radius of five hundred feet from any
boundary of, or the property owner of a property adjacent to or abutting, any occupied or
unoccupied lot, in writing to the mayor requests that the lot be cleared of refuse,
uncultivated undergrowth, or unsafe flora, the mayor shall investigate the complaint. If the
mayor'certifies that there is refuse, uncultivated undergrowth, or unsafe flora on the lot
complained about to an extent that the lot poses or is likely to pose an imminent danger for
fire, health, safety, property damage, or crime hazard, the mayor shall notify the owner of
the lot to clear the occupied or unoccupied lot of the refuse, uncultivated undergrowth, or
unsafe flora.
(b) If the offending uncultivated undergrowth or unsafe flora is registered as an endangered or
protected species or is listed as "exceptional" pursuant to chapter 14, article 10 of this
Code, or if the owner wants to keep the offending uncultivated undergrowth or unsafe
flora, the owner shall submit in writing a treatment plan for its continued safe existence to
the mayor's office, the department of public works, the arborist advisory committee, the
offended property owner(s), and, if applicable, the homeowners association. The treatment
plan shall be approved by the department of public works and, if applicable, the
homeowners association.
(c) If a building is constructed in close proximity to an existing stand of trees used for wind
block, boundary markers or ornamentals, the property owner may not file a complaint
under this section and may seek other legal remedies should an emergency situation arise.
(d) If a person files three unsubstantiated complaints about the same refuse, uncultivated
undergrowth, or unsafe flora, that person may not file. a complaint for that same property,
providing that property is under the same ownership at the time that the three
unsubstantiated complaints were filed.
Section 14-152. Clearance by County; costs.
(a) If any owner, after notice to clear any occupied or unoccupied lot has been mailed to the
owner and posted by the mayor, fails or refuses to comply with the order within thirty days
after the notice, the County may proceed to clear the lot of the refuse, uncultivated
undergrowth, or unsafe flora at the expense of the owner.
(b) The collection of any expense that has been unpaid by the property owner for clearing any
unoccupied lot shall be a lien on the property so cleared, and the County may recover the
amount of the lien and the expense and costs of the clearing by action at law in assumpsit,
or by any action allowed by law in equity, or that may be prescribed by statute, including
any proceeding allowed for the foreclosure of tax liens.
(c) The collection of recoverable expenses that has been unpaid by the property owner for
clearing any occupied lot shall proceed as follows:
(1) The department of public works shall keep an itemized record of recoverable
expenses. Promptly after completion of the lot clearing, the department shall certify
those expenses to the office of the corporation counsel.
(2) The office of the corporation counsel, on behalf of the County, shall submit a written
itemized claim for the total recoverable_ expenses incurred by the County to the
responsible person or fiersons and a written notice stating that unless the amounts are
paid in full within thirty days after receipt of the claim and notice, the County will file
a civil action seeking recovery for the stated amount.
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(3) The County may bring a civil action for"the recovery of all recoverable expenses
against any and all persons causing or responsible for the placement of the individual
or individuals in a situation of imminent danger.
(d) For the purposes of this section, "recoverable expenses" means those expenses that are
reasonable, necessary, and allocable to the clearing of an occupied lot of refuse,
uncultivated undergrowth, and unsafe flora pursuant to this article. Expenses allowable for
recovery may include, but are not limited to:'
(1) Materials and supplies acquired, consumed, and expended specifically for the purpose
of the lot clearing.
(2) Compensation of employees for the time and efforts devoted specifically for the
purpose of the lot clearing.
(3) Rental or leasing of equipment used specifically for the lot clearing, such as
protective equipment or clothing, bulldozers, or backhoes.
(4) Repair costs for equipment owned by the County that is damaged during the lot
clearing.
(5) Replacement costs for equipment owned by the County that is damaged beyond use
or repair, if the equipment was a total loss and the loss occurred during the lot
clearing.
(6) Special technical services specifically required for the lot clearing, such as costs
associated with the time and efforts of technical experts or specialists not otherwise
provided by the County.
(7) Other special services specifically required for the lot clearing.
(8) Medical expenses that may be incurred as" a result of the lot clearing.
(9) Legal expenses that may be incurred as a result of the lot clearing, including efforts to
recover expenses pursuant to this article.
(e) Nothing in this section shall be construed to., create any liability to the County for any
damages incurred as a cause of action or inaction.
Section,14-153. Service of notice.
The notice to the property owner required under section 14-152 shall be sent to the property
owner by mailing it to the owner's last known address and by posting a copy of the notice upon
the lot that requires the clearing."
SECTION 3. The Hawaii County Code 1983 (2016 Edition, as amended) is amended
by adding a new chapter 20 to read as follows:
"CHAPTER 20. INTEGRATED SOLID WASTE MANAGEMENT.
Article 1. General Provisions.
Section 20-01-01. Title and purpose.
(a) The provisions of this chapter, inclusive of any amendments, shall be known as the
integrated solid waste management code.
(b) Purpose. The purpose of this chapter is to protect the environment through the
management and operation of all solid waste programs and facilities of the County.
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Section 20-01-02. Severability.
If any portion of this chapter, or its application to any person or circumstance, shall be held
unconstitutional or invalid because it violates any provision of the County Charter or for any
other reason, the remainder of the chapter and the application of such portion to other persons or
circumstances shall not be affected thereby.
Section 20-01-03. Definitions.
As used in this chapter:
"Abandoned vehicle" means a vehicle that is unlawfully parked and left unattended for a
continuous period of more than twenty-four hours on any public highway, public property, or
private roads that are located within any ungated subdivision, where roads are open to and used
by members of the public.
"Business" means any commercial enterprise or establishment, including sole
proprietorships, joint ventures; partnerships, firms and corporations, or any other legal entity, and
includes any independent contractors associated with the business.
"Commission" means the environmental management commission of the County.
"Compostable" means all materials in the product or package will break down, or
otherwise become part of usable compost (e.g., soil -conditioning material, mulch) in a municipal
or industrial composting facility. Compostable disposable food service ware includes ASTM -
standard paper/fiber and bio -plastics (plastic -like) products that are clearly labeled either on
individual food service ware or packaging for food service ware so that any compost collector
and processor can easily distinguish the ASTM -standard compostable material from non -ASTM
standard compostable material. Required certification of compostable food service ware shall be
done by independent third -party organization Biodegradable Products Institute or similar ASTM
recognized certifier.
"County facility" means any building, structure, or vehicle owned and operated by the
County, its agents, agencies, and departments and includes County buildings, structures, parks,
recreation facilities, or property.
"County facility users" means all persons, societies, associations, organizations, or special
event promoters who require a permit to reserve or rent a County facility or a permit or contract
to use a sidewalk or roadway. County facility users also include concession contracts with the
County, County managed concessions, County sponsored events and food services provided at
County expense.
"Customer" means a person obtaining prepared food from a food provider.
"Department" means the department of environmental management.
"Derelict vehicle" means the definition in chapter 290-8, Hawaii Revised Statutes.
"Director" means the director of the department of environmental management, or the
director's authorized representative.
"Disposable food service ware" means disposable food containers that are commonly
disposed of after a single use, that are used, or are intended to be used, to serve or transport
prepared, ready -to -consume food or beverages. This includes, but is not limited to, cups, bowls,
plates, or clamshell containers that are provided by a food vendor for takeout foods and
beverages and/or leftovers from partially col isumed meals, and excludes straws, cup lids,
utensils, food -related bags and wrappers, packaging for unprepared food, and pre-packaged or
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pre -sealed items such as bread, cookies, milk; juice, snacks, candy, nuts, fruits, vegetables, or
other items typically sold in a grocery store or a food manufacturer's retail location.
"Food packaging" means all food -related wrappings, bags, boxes, containers, bowls, plates,
trays, cartons, cups, lids, or drinking utensils, in which food or beverage is placed or packaged
on the food provider's premises, and which are not intended for reuse. Food packaging does not
include forks, spoons, knives, straws, stirrers, or single -service condiment packages.
"Food providers" means any vendor, business, organization, nonprofit entity, group, or
individual operating in the County which provides prepared food for public consumption on or
off its premises and includes without limitation any store, shop, sales outlet, restaurant, grocery
store, supermarket, delicatessen, caterer, catering truck or vehicle; and any organization, group
or individual which provides food in conjunction with services.
"Integrated solid waste management" (ISWM) means environmentally and economically
sound, systematic approach to solid waste handling that combines source reduction, reuse,
recycling, composting, energy recovery, collection, transfer, transport and disposal in sanitary
landfills, or other solid waste disposal and processing facilities in order to conserve and recover
resources and dispose of solid waste in a manner that protects human health and the
environment.
"Materials" means solid waste, recyclables, reusable materials, household hazardous waste,
greenwaste, or similar items managed by SWD.
"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.
"Polystyrene foam," sometimes referred to as "Styrofoam," a Dow Chemical Company
trademarked product, means a thermoplastic petrochemical material utilizing the styrene
monomer, which may be marked with resin symbol #6, processed by any number of techniques
including, but not limited to fusion of polymer spheres (expandable bead polystyrene), injection
molding, form molding, and extrusion -blow molding (extruded foam polystyrene). In food
service, polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell
containers, meat trays and egg cartons intended for a single use. Polystyrene foam does not
include solid hard polystyrene.
"Prepared food" means food or beverages, which are served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed, or otherwise prepared for consumption by a retail
consumer on the premises of a food provider, including, but not limited to, beverages, ready to
eat, and takeout food. Prepared food does not include raw: eggs; butchered meats; fish; and/or
poultry unless provided for consumption without further food preparation or heating. For
example, sashimi and poke shall be considered to be prepared food. This also does not include
pre-packaged or pre -sealed items such as breads, cookies, milk, juice, snacks, candy, nuts, fruits,
vegetables, or other items typically sold in a grocery store or a food manufacturer's retail
location.
"Private road" means every way or place in private ownership and used for vehicular travel
by the owner and those having express or implied permission from the owner, including private
roads open to the public.
"Prohibited materials" include, but are not limited to, paint thinner or solvents; oil based
paint; engine oil, antifreeze or lead acid batteries; pesticides, poisons; household cleaner;
contaminated soil; untreated medical waste; propane, compressed gas cylinders; diesel, gasoline
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or alcohol; liquids or sludges in containers one gallon or larger unless mixed with a bulking
agent so that it solidifies; and hazardous wastes as defined in 40 Code of Federal Regulations
parts 257, 258 and 261 or the State's statutes or rules, whichever is more stringent.
"Public highway" means all roads, highways, alleys, streets, ways, lanes, bikeways, and
bridges open to the use of the public for purposes of vehicular travel that is acquired or built by
the government.
"Public property" means all real property owned by the County, State, or the Federal
government.
"Recyclable" means material that has reached the end of its current use and may be
processed into material utilized in the production of new products.
"Sanitary landfill" means engineered solid waste disposal method in accordance with State
and federal laws which are designed and operated to protect human health and the environment
by establishing requirements with respect to location, operation, design, ground water
monitoring, corrective action, closure and post -closure, and financial assurance.
"Solid waste" means any garbage, refuse, sludge, and other discarded material, including
solid, liquid, semisolid, or contained gaseous material, resulting from residential habitation;
industrial, commercial, mining, and agricultural operations; and community activities.
"Solid waste management" means planned and organized handling of solid waste and
recyclable materials in an environmentally and economically sound manner, encompassing the
generation, storage, collection, transfer, transportation, processing, resource recovery, reuse, and
disposal of solid waste and recyclable materials and including all administrative, financial,
educational, environmental, legal, planning, marketing and operational aspects thereof.
"State" means the State of Hawaii.
"SWD" means the Solid Waste Division of the Department of Environmental Management.
"SWD facility" means a County facility for the management of materials the County is
legally permitted to accept pursuant to State law.
Article 2. Administration and Enforcement.
Division 1. Administration.
Section 20-02-01. Jurisdiction.
Unless otherwise provided for by law, the department shall have jurisdiction over and
administer all matters covered by this chapter.
Section 20-02-02. Adoption of rules.
The department may adopt rules pursuant to chapter 91, Hawaii Revised Statutes,
necessary for the purposes of this chapter.
Division 2. Enforcement.
Section 20-02-21. General provisions.
Failure to comply with any provision of this chapter, or any rule adopted pursuant to this
chapter, or with conditions imposed as part of any permit issued pursuant to this chapter, shall
constitute a violation of this chapter.
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Section 20-02-22. Administrative enforcement.
(a) If the director determines that any person has violated or is violating any provision of this
chapter or department rules, the director shall serve a notice of violation and order upon the
parties responsible for the violation, which shall include the following:
(1) The date of the notice;
(2) The name and address of the person noticed and the location of the violation;
(3) The section number of the code or rule which has been violated;
(4) The nature of the violation;
(5) Correct the violation within the time specified in the order;
(6) Pay a civil fine not to exceed $1,000 in the manner, place and deadline specified in the
order;
(7) Pay a civil fine not to exceed $1,000 per day for each day in which the violation
persists, in the manner, time, place and deadline specified in the order;
(8) Any other consequence as determined by the director, including but not limited to,
suspension or revocation of a permit; and
(9) The order shall advise the party responsible for the violation that the order shall
become final thirty calendar days after the date of its delivery. The order shall also
advise that the party responsible may request a meeting with the director prior to the
end of the thirty calendar days and that the director's final written decision may be
appealed to the commission within fifteen calendar days from the date of the director's
final written decision.
(b) Service. Proper service of such notice of violation and order shall be by personal service,
registered snail, or certified mail upon the responsible party or parties, provided, that if such
notice of violation and order is by registered mail or certified mail, the designated period
within which the responsible party or parties is required to comply with the order shall
begin as of the date the responsible party or parties in charge receives such notice.
(c) Effect of Order; Right to Appeal. The provisions of the order issued by the director under
this section shall become final thirty calendar days after the date of the delivery of the
order, unless appealed. The party or parties responsible for the violation may request a
meeting with the director, prior to the end of the thirty calendar days. Any final written
decision by the director may be appealed to the commission within fifteen days from the
date of the final written decision. However, an appeal to the commission shall not stay any
provision of the order.
(d) Judicial Enforcement of Order. The director may institute a civil action in any court of
competent jurisdiction for the enforcement of any notice of violation and order issued
pursuant to this section, including seeking a temporary, preliminary, or permanent
injunction. Where a civil action has been instituted to enforce the civil fine imposed by an
order, the director need only show that the notice of violation and order was served, that a
civil fine was imposed, the amount of the civil fine imposed, and that the fine imposed has
not been appealed in a timely manner nor paid.
Section 20-02-23. Criminal Enforcement.
Any person convicted of violating any of the provisions of this chapter shall be guilty of a
petty misdemeanor and shall be punished by a fine not to exceed $1,000 and/or imprisonment up
to thirty days and shall be adjudged to pay all costs of the proceedings. The continuance of any
such violation after conviction shall be deemed a new offense for each day of such continuance.
Article 3. Disposal Requirements.
Section 20-03-01. Disposal of solid waste.
Every owner or occupant of any residence or business or premises within the County shall
dispose of solid waste in a County approved SWD facility in accordance with department rules.
Section 20-03-02. Permit required for solid waste disposal.
(a) Every business, government agency, religious entity or nonprofit organization shall first
obtain a disposal permit issued by the director and make payment of the permit fee as
required before disposing of solid waste at any SWD facility.
(b) An application for a disposal permit shall be submitted to the director on a form furnished
by the department.
(c) The director may suspend or revoke a disposal permit, in accordance with department rules,
for the following reasons:
(1) Failure to pay any disposal charges or special handling fees when due.
(2) Failure to comply with the provisions of this chapter.
(3) Failure to comply with disposal procedures and/or conditions established by the
department.
Section 20-03-03. Prohibition; disposition of abandoned or derelict vehicles.
(a) No person shall leave, abandon, or place any wrecked or nonoperational automobile or
construction equipment or part or portion of a wrecked or nonoperational automobile or
construction equipment, or scrap iron, or other similar material, upon any part of a public
highway, public property, or private property of another.
(b) The department shall take into custody and dispose of abandoned or derelict vehicles in
accordance with chapter 290, Hawaii Revised Statutes.
(c) The removal of abandoned or derelict vehicles shall be subject to the following:
(1) The department shall only remove abandoned or derelict vehicles that are located on
or within ten feet from the edge of any public or private road;
(2) The department shall not remove abandoned or derelict vehicles from any area, if the
director determines that the area is unsafe for a tow truck to traverse; and
(3) All decisions to tow shall be subject to the discretion of the director.
(d) The director shall develop and implement a public outreach program to educate residents,
community associations, road corporations, tow companies, and the public about the
disposition of abandoned or derelict vehicles including the procedures for reporting
abandoned or derelict vehicles.
(e) The department shall adopt rules regarding the disposition of abandoned or derelict
vehicles, that are in accord with chapter 290, Hawaii Revised Statutes.
Section 20-03-04. Salvage of solid waste restricted.
Any material delivered or deposited at a SWD facility shall become the property of the
County. No person shall separate, collect, carry off, or dispose any article from any County SWD
facility unless authorized to do so by the director.
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Section 20-03-05. Unauthorized persons entering SWD facilities.
Any unauthorized person entering into a SWD facility during nonworking hours or for
purposes other than that permitted in this chapter shall be considered to be a trespasser and shall
be subject to the penalties of this chapter.
Article 4. Solid Waste Fees.
Section 20-04-01. Disposal fees.
(a) Any solid waste, except for prohibited materials, disposed of by a business, government
agency, religious entity, nonprofit organization or private citizen to a SWD facility shall be
charged at rates as set forth in department rules.
(b) The mayor, with the approval of the council, may temporarily rescind the solid waste
disposal fees for a specified period.
(c) The mayor may waive solid waste disposal fees when it is in the best interest of the
County. Fees may be waived for one-time events for community organizations, nonprofit
organizations, or private property owners who are remediating illegal dump sites which
were not of their creation. The mayor will give notice to the council when tip fees are
waived.
Section 20-04-02. Collection of fees.
(a) All disposal fees shall be collected by the department and due at the time of disposal,
unless a net thirty account has been established with the department.
(b) A finance charge shall be charged to all net thirty accounts on all balances which are past
due. In addition to this, access to County SWD facilities may be denied until the account is
current.
Section 20-04-03. Solid waste fund designation.
(a) There is hereby created and established a special fund to be known as the "Solid Waste
Fund."
(b) All funds received from the collection of fees authorized by this chapter shall be deposited
with the director of finance and shall be accounted for and expended for the purpose of
operating, maintaining, and administering the County's solid waste management,
collection, and disposal systems.
Section 20-04-04. Fee schedule.
Fees for management of materials entering into a SWD facility and any State solid waste
surcharge shall be established by the department pursuant to department rules.
Article 5. Polystyrene Foam Food Container and
Food Service Ware Reduction.
Section 20-05-01. Prohibition.
Food providers and County facility users are prohibited from providing food in disposable
food service ware that is made from polystyrene foam.
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Section 20-05-02. Use of recyclable or compostable food service ware required.
(a) All food vendors using any disposable food service ware shall use a suitable recyclable or
compostable product.
(b) All County facility users shall use a suitable recyclable or compostable product for
disposable food service ware.
Section 20-05-03. Exemptions.
(a) The following are exempt from the provisions of this article:
(1) Foods packaged outside the limits of the County of Hawaii;
(2) Coolers and ice chests that are intended for reuse; and
(3) Food packaging for raw: meat; poultry; seafood; and eggs that have not been further
processed.
(b) County facility users and food vendors.
(1) The director may exempt a food vendor or County facility user from the provisions of
this article, in a situation where compliance with the terms of this article would result
in undue hardship. The exemption shall be in place for a period of time not to exceed
one hundred eighty days.
(2) Undue hardship includes, but is not limited to, situations unique to the food vendor or
County facility user that generally do not apply to other persons in similar
circumstances.
(3) Food vendors and County facility users seeking an exemption from the requirements
of this article shall provide all required information on an application for exemption,
including but not limited to, documentation supporting the applicant's claim that
compliance with this article will result in undue hardship.
(4) The director may approve or deny an exemption request in whole or in part.
Applicants may appeal the director's decision to the commission.
(5) All exemptions shall be promptly posted on the County website for the department of
environmental management as a notice of temporary exemption.
(c) Emergency supplies or services procurement. -
The mayor may exempt County facility users and food vendors from the provisions of this
article, in a situation deemed by the mayor to be an emergency that necessitates such
exemption in order to preserve the public peace, health, and safety. The exemption shall be
in place until the mayor determines that the emergency situation has ceased and the
exemption is no longer needed to preserve the public peace, health, and safety.
Article 6. Plastic Bag Reduction.
Section 20-06-01. 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 20-06-02. Plastic checkout bags prohibited.
Businesses shall not provide plastic checkout bags to their customers.
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Section 20-06-03. Exemptions.
Organizations classified under Section 501(c)(3) of the United States Internal Revenue
Code are exempt from the provisions of this article."
PART II. AMENDMENTS TO OTHER EXISTING PROVISIONS OF THE CODE
SECTION 4. Chapter 2, article 40, section 2-198, of the Hawaii County Code 1983 (2016
Edition, as amended) is amended to read as follows:
"Section 2-198. Definitions.
[(a)] "Director" means the director of the department of environmental management.
PA "Department" means the department of environmental management.
[(e-}] "Commission" means the environmental management commission."
SECTION 5. Chapter 2, article 40, sections 2-201, 2-202, and 2-203, of the Hawaii
County Code 1983 (2016 Edition, as amended) are amended to read as follows:
"Section 2-201. Appointment and qualifications of department head.
The director of environmental management shall be appointed by the mayor, confirmed by
the council, and may be removed by the mayor. The director shall have had a minimum of five
years' administrative experience in a related field[...] and either an engineering degree or a degree
in a related field.
Section 2-202. Powers, duties= and functions.
The department of environmental management shall manage solid waste, wastewater, and
recycling programs of the County, and exercise other functions as prescribed by the mayor
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 snake rules. The director may adopt, amend, and repeal rules
relating to solid waste, wastewater, and recycling.
Section 2-203. Divisions within department.
[(a)] The department of environmental management shall be divided under the director into the
following divisions:
(1) [Alastewatef Division. The wastewater division shall be responsible for
eofist+uetiefl, maintenanee, and operation of all sewage programs and f4eilities
operated by and for the Geu*ty.
(2-)]M Solid Waste Division. The solid waste division shall be responsible for the
construction, maintenance, and operation of all solid waste and recycling programs
and facilities operated by and for the County.
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(2) Wastewater Division The wastewater division shall be responsible for the
construction, maintenance, and operation of all sewage programs and facilities
operated by and for the County."
SECTION 6. Chapter 2, article 40, section 2-204, of the Hawaii County Code 1983 (2016
Edition, as amended) is amended by amending subsection (a) to read as follows:
"(a) If the director determines that any person has violated or is violating any provision of this
article [eY e apters 20 o ] ch' ch, apter 21 s or any rule adopted pursuant to these chapters, the
director may do any one or more of the following:
(1) Issue an order assessing an administrative penalty for any past or current violation;
(2) Require compliance immediately or within a specified time; and
(3) Commence a civil action in the circuit court for appropriate relief, including a
temporary, preliminary, or permanent injunction, the imposition and collection of
civil penalties, or other relief."
SECTION 7. Chapter 2, article 40, section 2-205, of the Hawaii County Code 1983 (2016
Edition, as amended) is amended to read as follows:
"Section 2-205. -Penalties.
Any person who violates this chapter [^r ehapter-s 20 or-], chapter 21, any rule adopted
pursuant to these chapters, or any condition of a permit or variance issued pursuant to this
chapter shall be fined not more than $1,000 for each separate offense. Each day of each violation
shall constitute a separate offense. Any action taken in court to impose or collect the penalty
provided for in this subsection shall be considered a civil action."
SECTION 8. Chapter 2, article 40, section 2-207 of the Hawaii County Code 1983 (2016
Edition, as amended) is amended by amending the section number assigned to this section to
read as follows:
"Section [2-07.] 2-204. Environmental management commission."
PART IIl. REPEALED PROVISION
SECTION 9. Chapter 14, article 20, sections 14-115, 14-116, 14-117, 14-118, 14-119 of
the awai`i County Code 1983 (2016 Edition, as amended) are repealed.
1 P ..
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REMOMPaRNME
1J (.I.JJV VIN.LV �.L YY 1\.11 •.11V V•,i•.Jlilvuv.
"Plastie eheekout bag" means a eafr-yotA bag that is provided by a business to a eustoffle
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SECTION 10. Chapter 20, of the Hawaii County Code 1983 (2016 Edition, as amended)
is repealed.
and
and
PART IV. MISCELLANEOUS PROVISIONS
SECTION 11. In PARTS II and III of this ordinance, material to be repealed is bracketed
;ricken and new material is underscored. In printing this ordinance, the brackets, bracketed
;ricken material, and underscoring need not be included.
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. l
SECTION 1 . Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does 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 severable.
SECTION 1 . This ordinance shall tale effect upon its approval.
INTRODUCED BY:
CO CIL ¢ BER, COUNTY OF HAW `I
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective D ate:
REFERENCE Comm. 1097
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