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Home My WebLink AboutBIL 207 Draft 02 2018-2020JNSV Of y+� O2.1 COUNTY OF HAWAII �� _� STATE OF HAWAII ,rE OF•N�'� BILL NO. 207 (DRAFT 2) 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 dwelling, 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 regulations. 2 (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. 3 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 persons 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. 2 (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. E 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 consumed meals, and excludes straws, cup lids, utensils, food -related bags and wrappers, packaging for unprepared food, and pre-packaged or C� 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 SAID. "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 7 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. 0 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) Date of the notice; (2) Name and address of the person noticed; (3) Section number of the code or rule which has been violated; (4) Date, time, location, and nature of the violation; (5) Deadline to correct the violation; (6) To pay a civil fine not to exceed $1,000 in the manner, place and deadline specified in the order; (7) To 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 mail, 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. 0J 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. 10 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. 11 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 Hawai `i; (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. 12 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. Ka)] "Director" means the director of the department of environmental management. Kb)] "Department" means the department of environmental management. [()] "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 or 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, 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) [Wastewater- Division. The wastewater- division shall b X ible for- e0fistpdetion, operated by and fef the County. (2)]W 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. 13 (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 [erc tersz20-er], chapter 212 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 [ ]2 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 [2 207.] 2-204. Environmental management commission." PART III. REPEALED PROVISION SECTION 9. Chapter 14, article 20, sections 14-115, 14-116, 14-117, 14-118, 14-119 of the Hawaii County Code 1983 (2016 Edition, as amended) are repealed. 14 SECTION 10. Chapter 20, of the Hawaii County Code 1983 (2016 Edition, as amended) is repealed. PART IV. MISCELLANEOUS PROVISIONS SECTION 11. In PARTS II and III of this ordinance, material to be repealed is bracketed and stricken and new material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. 15 IF IF IN I 0z 011, 10. A. milli Ah 3 !M PIPM BEA Ill :" :21 PRO vq%rqiWALWMW MIN rz III or mm P III III a Eff" Wk ]INUIll 11111 11 Ir "TIM11wil • • :. : 1w I • '.-JIIWII • . WTlI11k=@& • SECTION 10. Chapter 20, of the Hawaii County Code 1983 (2016 Edition, as amended) is repealed. PART IV. MISCELLANEOUS PROVISIONS SECTION 11. In PARTS II and III of this ordinance, material to be repealed is bracketed and stricken and new material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. 15 SECTION ® 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 ® This ordinance shall take effect upon its approval. INTRODUCED : COUNCIL MEN ER, COUNTY OF H AI`I awai`l Date of Introduction: Date of 1 stReading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 1097.2 z 16