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HomeMy WebLinkAboutCOM 0286.001 2020-2022 Mitchell D. Roth Ramzi 1.Mansour Mayor Director .; Lee Lord Brenda lokepa-Moses F OF HF Managing Director Deputy Director li DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao'a Street,Suite 41• Hilo, Hawaii 96720 Ph:(808)961-8083- Fax: (808)961-8086 Email: cohdem@hawaiicounty.gov 7; t. MEMORANDUM TO: Maile David, Chair and Member of the Hawaii County Council FROM: Ramzi I. Mansour, Director , Department of Environmental Managemen DATE: June 15, 2021 SUBJECT: Re: Communication No. 286; A Communication to Discuss Implementation of Landfill Tipping Fee(s)prescribed by the Department of Environmental Management. For today's discussion in the Regenerative Agriculture, Water, Energy, and Environmental Management Committee,the attached exhibits are intended to provide the legislative history of the tipping fees. Exhibit A, Ordinance No. 2018-5, set the fee schedule from July 1, 2018 through 2022. Exhibit B,the minutes for Bill 207, discusses the removal of the fee schedule from the Code and placement in the administrative rules, which were being developed at the time. Bill 207 would later be approved as Ordinance No. 2020-86. Exhibit C, Section 1 of Ordinance No. 2020-86, establishes in new Section 20-04-04,that"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." Exhibit D, DEM Administrative Rule No. 12-3, re-establishes the code schedule as a department rule. For purposes of comparison,the landfill disposal tipping fee rate for commercial waste is set at $119 per ton in Kauai County and $114 per ton in Maui County. 10 Comm. Njo. County of Hawaii is an Equal Opportunity Provider and Employer Ref. To: Ref. Date JUNA 5?01 ,eY'_,,,°'� A � ods COUNTY OF HAWAVI }' STATE OF HAWAIJ BILL NO. 82 (DRAFT 2) ORDINANCE NO. IS S AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 4, OF THE HAWAPI COUNTY CODE 1983 (2016 EDITION,AS ENDED), RELATING TO SOLID WASTE FEES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to increase disposal fees to cover costs incurred by the Solid Waste Division of the Department of Environmental Management for services it provides to the residents of and visitors to Hawaii County. The County of Hawai`i's Integrated Resources and Solid Waste Management Plan complies with state mandates of waste reduction and provides a path to provide solid waste disposal services for all,including the operation of all transfer stations and recycling operations. The current plan requires capital improvements,new equipment,maintenance of existing equipment, as well as improved service. The County seeks a healthy economy that requires intelligent and efficient solid waste management and disposal. Presently,the General Fund subsidy is substantial. Adoption of these changes will reduce the Solid Waste Division's dependence on the General Fund as well as provide the groundwork for implementation of the updated plan. SECTION 2. Chapter 20, article 4, of the Hawaii County Code 1983 (2016 edition, as amended) is amended to read as follows: "Article 4. Solid Waste Fees. Section 20-46.Disposal fees. (a) Any refuse, except for prohibited materials, delivered by a business, Federal or State agency,religious entity,nonprofit organization or private citizen to the working face of a County landfill or the East Hawaii Regional Sort Station shall be charged by the ton or fraction thereof at rates as set forth herein. (b) In addition to the per ton charge or volume charge, items which cannot be disposed in the working face of the landfill or the East Hawaii Regional Sort Station in accordance with usual disposal practices or which require special handling and/or arrangements by landfill or East Hawaii Regional Sort Station personnel shall be assessed a special handling charge at rates as set forth herein. Such items shall include but may not be limited to asbestos and confidential document destruction or other disposal requiring a witness. Tires,whether whole, cut, sliced, chipped or shredded, will not be accepted at any County landfill[.] the East Hawaii Regional Sort Station or transfer station. All wire or cable must be cut to four-foot lengths prior to disposal at any County landfill the East Hawaii Regional Sort Station, or transfer station. (c) Administrative rules shall provide partial credit to commercial haulers for residential waste. The amount of the credit shall be no less than$2 per month for each single-family household from which the hauler collects refuse,provided the hauler's account is current. The annual credit shall be equal to the landfill disposal fee multiplied by one and one-half tons per year per single-family household. The residential credit shall not exceed the total landfill tipping fees charged to the residential hauler for the month for which the credit is being claimed. Commercial haulers who claim this credit shall provide documentation to the solid waste division including customer name,mailing address, and service address for each credit claimed. Claims for the residential credit must be submitted on or before the last day of the month following the month for which the credit is being claimed and the hauler's account must be current for the credit to be applied. Names,mailing addresses, and service addresses of customers of residential haulers are subject to the disclosure limitations in section 92F,Hawaii Revised Statutes as disclosure would cause substantial harm to the competitive position of the person from whom the information was obtained. (d) The mayor, with the approval of the council,may temporarily rescind the solid waste disposal fees for a specified period. (e) 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 [&,-4] fees are waived. [ 7 there shall be an analysis of past and pr-ei eet entities,the solid waste division. Faetor-s to eansidef inekide, but are not limit to, eapital I-Viects any debt serviee for-these pr-ejeets, labor-fat and at r-eplaee-ment and depfeeiation, and diver-sien programs. Estimates sha4l also be eensidered fef total dispesa4 e*penses businesses, Federal or-State ageneies,religious nonprofit organizations or- privale eitizens as eempared to expenses for-single family household disposal at the island v4de solid waste tFansfer-stations. The analysis will be done on an annua4 basis through jammr), 1, 2007.] Section 20-47. Collection of fees. (a) All charges shall be collected by the solid waste division of the department. Billings shall be made monthly. Payments are due before the end of the month following the month in which charges are incurred. A finance charge of one [and ene halfl percent monthly (annual rate of [eighteen] twelve percent) shall be charged on all balances which are [ ' ] past due. In addition to this, access to County solid waste facilities may be denied until the account is current. 2 i i I Section 20-48. 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 be known as the "Solid Waste Fund" and shall be expended for the purpose of operating,maintaining,,and administering the County's solid waste management, collection,and disposal systems. Section 20-4 . Fee schedule. (a) Charge rates shall be established as follows: (1) Landfill disposal. (A) Rate by weight: Dollars per ton prorated accordingly. Year beginning on July 1 of each calendar year. [2003] [20"] [2005] [2006] [28&7] 2018 2019 2020- 2021 2022 $108 $110 $112 $114 $116 (B) When and if it is impossible or impractical due to power outage, [disaster rel.,+oa i e s] disaster, or other emer eg ncY to determine an accurate weight,rates by vehicle size and volume shall be used: TYPE 1: Light trucks or other vehicles with a gross vehicle weight of less than 10,000 pounds with no more than three cubic yards of refuse charged as dollars per truck. Year beginning on July 1 of each calendar year. [240-3] [2004] [2085] [2806] [20P] 2018 2019 2020 2021 2022 [ ] [ ] $65 $66 $67 $68 $70 TYPE 11: Medium trucks or other vehicles with a gross vehicle weight from 10,000 pounds to 19,999 pounds with no more than six cubic yards of refuse charged as dollars per truck. 3 Year beginning on July 1 of each calendar year. [2003] [20-04] [2N5] [2006] [20P] 2018 2019 2020 2021 2022 [W] [ ] [S761 [ ] I$%] $109 $111 $113 $115 $117 TYPE III: Large trucks or other vehicles with a gross vehicle weight from 20,000 pounds to 25,999 pounds with no more than nine cubic yards of refuse charged as dollars per truck. Year beginning on July 1 of each calendar year. [2083] [204] [2005] [2986] [20W] 2018 2019 2020 2021 2022 [W] [ ] [&14-7] [ ] [$4-53] $194 $198 $202 $205 $209 TYPE IV: All other trucks or vehicles with a gross vehicle weight of 26,000 pounds including commercial refuse hauling trucks or all other vehicles not qualifying as a Type I, II, or III: 1. Compacted. Dollars per cubic yard. Year beginning on July 1 of each calendar year. [2803] [2004] [20O-51 [2 ] [2101472] 2018 2019 2020 2021 2022 [ ] [ ] [$24] [ ] [ ] $36 $36 $37 $38 $38 2. Not compacted. Dollars per cubic yard. Year beginning on July 1 of each calendar year. [2 0031 [2 "] 120051 [2W6] [24*7] 2018 2019 2020 2021 2022 [S9] [ ] [ ] [ ] [ ] $22 $22 $22 $23 $23 4 (C) Special Handling: [W] Dollars per truck load or fraction thereof. Year beginningon July 1 of each calendar year. 2018 2019 2020 2021 2022 $108 $110 $112 $114 $116 (2) Greenwaste and Organics Diversion. (A) All clean greenwaste and acceptable organics must be delivered to a permitted County greenwaste and organics collection facility. (B) The greenwaste and organics disposal fee is set at 25% of the landfill disposal fee as described in section 20-49(a)(1)(A). (C) The greenwaste and organics disposal fee is set at 65% of the landfill disposal fee as described in section 20-49(a)(1)(B) at a County greenwaste and organics collection facility without scales. These facilities are able to accept Type I and Type II trucks only. (D) Greenwaste and organics must be separated from other solid waste in order to qualify for the reduced greenwaste and organics disposal fee. (E) The greenwaste and organics disposal fee may be suspended by the director if the greenwate and organics facilities are not operating." SECTION 3. Material to be repealed is bracketed and stricken.New material is underscored. In printing this ordinance,the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 4. Severability. If any provision of this ordinance, or the application thereof to any person or circumstances is held invalid, such invalidity shall 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 declared to be severable. SECTION 5. This ordinance shall take effect July 1,2018. INTRODUCED BY- COUNCIL MEMBER, COUNTY OF WAI`I Hilo , Hawai`i Date of Introduction: December 20, 2017 Date of 1 st Reading: December 20, 2017 Date of 2nd Reading: January 4, 2018 Effective Date: July 1, 2018 REFERENCE Comm. 606.5 5 OFFICE OF THE COUNT`' CLE '=OUN.f Y CLERK County of awai`i C[OUNty' OF HA'AVAH Hilo, Hawaii 7018 JAILL7 P,1 ; 38 Introduced By: Maile David (B/R) ROLL CALL VOTE Date Introduced: December 20, 2 017 AYES NOES ABS EX First Reading: December 20, 2 017 Chung X Published: December 30, 2 017 David X Eoff X RE1IIIARKS. Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X Second Reading: January 4, 2018 g 0 0 0 To Mayor: January 12, 2018 Returned: January 17, 2018 ROLL CALL VOTE Effective: July 1, 2018 AYES NOES ABS EX Published: January 27 2018 Chung X David X REM,4RKS- Eoff X Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X 6 0 3 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. f i r co L CHAIRPERSON 1, pprove Disapproved this ( day ©f �f l la Cl Irl! - 20 g CL RI{ Bill No.: 82 (Draft 2) AIAC0UNTY AWA111 C-606.5jFC-70 Reference: Ord No.: Is S 14— AWEEMC-19 October 6,2020 Bill 207: 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) CHAPTER 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) Reorganizes and restructures provisions of the Hawai`i County Code that apply to the Department of Environmental Management, updates certain provisions including qualifications for the Director of the Department of Environmental Management, and removes the solid waste disposal fee schedule, which would be added to the Department of Environmental Management's Administrative Rules. I I Reference: Comm. 1097 Intr. by: Mr. Richards (B/R) Motion to Approve: Ms. Kierkiewicz moved to recommend passage of Bill 207 on first reading. Seconded by Ms. Lee Loy. CHR. RICHARDS: Before we get into this, I'm going relinquish the chair. There's been a lot of misunderstanding about this bill, and we'll go over it in here. But there is not a removal of the plastic bag ban bill, it's being reorganized. Environmental Management didn't exist when all this stuff was first put into the I ordinance, so this is essentially primarily a housekeeping bill. But I'll let the record reflect that I'm turning the chairing over to my Vice Chair, Mr. Kaneali`i-Kleinfelder. Relinquish Chair: At this time, the Chair relinquished the chair to Vice Chair Mr. Kaneali`i-Kleinfelder. ACTING CHR. KANEALI`I-KLEINFELDER: Mahalo, Chair. Let the record reflect that I have taken over as Chair for the meeting. Thank you for the gavel, sir. Mr. Richards, you want to lead the conversation, please. MR. RICHARDS: Thank you, Chair. First of all again, what I wanted to say this Bill 207 is a housekeeping bill to clean up some of our ordinance to make it reflective of today. I think some of the stuff was put into the ordinance back in the mid-90's, and again, it predated Environmental Management. Probably the most concerning and triggering the most response, is the removal out of Chapter 14 of the plastic bag ban bill, or reduction at the time. The reason for that Page 8 AWEEMC-19 October 6,2020 is because it's being put in Chapter 20. And the reason for that is to make this more streamlined and not to remove it, but just to reorganize it so it reads better. There are two things in this bill that I wouldn't call necessarily housekeeping, they're of substance. First it has to with the qualifications of the Environmental s Management Director. Must have a degree in Environmental Management, or an associate degree. Which that one is a little bit fuzzy for me, but again, you have to have the credentials to be the Director. And the other one that was mentioned, when the Clerk was reading this in. It takes the fee schedule out of the ordinance, and puts into the Administrative Rules. We still have the public hearings, we still go through all that, but it does not come before Council. Those are the big changes in this in this. And we still have Environmental Management here, they can come in and comment on that. I know that Director is unable to attend today. But with that, Chair, I'd like to turn it back to the Council. And any questions, comments, concerns the time to air them: So with that, I yield. ACTING CHR. K.ANEALI`I-KLEINFELDER: Mahalo, Mr. Richards. Are there any other comments? Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. You know, I know this is done by request, and I think maybe Diane or Amy—I just have more of a practical approach, right. I get it, its housekeeping, we're putting it—housing all of this in one section. And making sure all of our terminologies and our definitions, meet the current times. That being said, assuming that this makes it through first, second reading, passes the Council, we also have to adopt Administrative Rules around this. Is that correct? Maybe Amy or Diane, you guys can come forward. Thanks Diane. (Note: At this time, Deputy Director Diane Noda came forward to address the members of the Committee.) MS. NODA: Diane Nada, Deputy Director, Department of Environmental Management. Ms. Lee Loy, you are correct. We are in the process with our drafter,to be—we are in the process of fleshing out and completing many more Administrative Rules for the department. And our tentative time schedule for the 30-day notice and comment period, would be in a couple of weeks through to the 3 end of November. MS.,LEE LOY: So we're actually running this bill and the Administrative portions concurrently, so that they'll meet up together? MS. NODA: Hopefully, yes. We also have a proposal that was granted by the Water Board for water shut-off, which the County Code already allows for sewer non-payments, and that will be going for public hearing next month. – 2– Page 2-Page 9 3 i a 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 SWI) 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 RULE 12 Solid Waste Fees 12-1. Disposal Fees. (a) Any solid waste, except for prohibited materials, delivered by a business, public agency, religious entity, nonprofit organization or private citizen to the working face of a sanitary landfill, reload facility, or organics facility shall be charged by the ton, or pro-rated accordingly, at the rates set forth herein. (b) Scales, certified by the State of Hawaii, shall be operated at a sanitary landfill, reload facility or organics facility. A weight ticket shall be issued to the driver of each permitted vehicle after it is weighed at the landfill. The weight ticket shall list relevant information such as, date, time, permittee, vehicle I.D. number, gross, tare, and net weights, and tipping fee. In the event of a printer or other malfunction, weight ticket information shall be made available to the permittee as soon as possible. (c) In the event the weighing equipment is inoperable, charges shall be based on volume rates as set forth herein. 12-2. Collection of Fees. (a) All charges for disposal fees shall be collected by the department and due at the time of disposal, unless a net 30 business account has been established with the department. The only acceptable forms of payment at the time of disposal are checks, debit cards, or credit cards. (b) Weight tickets shall be issued for each load being disposed and shall list the tipping fee charged for each load including the weight (or volume), vehicle I.D., date, and time. (c) A customer may request a net 30 business account by submitting an application provided by the department, Approval will be based on the customer's credit history for a period of three (3) months with the department or by posting a bond. Revocation or suspension of the net 30 business account will occur after a delinquency occurs. (d) A net 30 business account billing statement shall be made monthly and payments shall be made within thirty (30) days of the date on the billing statement. A finance charge of one percent monthly(annual rate of twelve percent) shall be charged on all balances which are past due,which may lead to revocation or suspension of the net 30 business account. 23 (e) In addition to the above, if payment is not received by the due date indicated on the billing statement, further use of any SWD facility shall not be permitted until full payment is made. 12-3. Fee Schedule. Fees for solid waste disposal into SWD facilities are established as follows: (1) Sanitary landfill disposal fees. (A) Rate by weight: Dollars per ton prorated accordingly. Year beginning on July 1 of each calendar year. 2018 2019 2020 2021 2022 $108 $110 $112 $114 $116 Beginning in 2023, the disposal fees will increase at a minimum in accordance with the fourth quarter of the calendar year prior to the coming fiscal year of the Honolulu consumer price index. (B) When and if it is impossible or impractical due to power outage, disaster, or other emergency to determine an accurate weight, rates by vehicle size and volume shall be used: TYPE 1: Light trucks or other vehicles with a gross vehicle weight of less than 10,000 pounds with no more than three cubic yards of solid waste charged as dollars per truck. Year beginning on July 1 of each calendar year. 2018 2019 2020 2021 2022 $65 $66 $67 $68 $70 TYPE II: Medium trucks or other vehicles with a gross vehicle weight from 10,000 pounds to 19,999 pounds with no more than six cubic yards of solid waste charged as dollars per truck. Year beginning on July 1 of each calendar year. 2018 2019 2020 2021 2022 $109 $111 $113 $115 $117 TYPE III: Large trucks or other vehicles with a gross vehicle weight from 20,000 pounds to 25,999 pounds with no more than nine cubic yards of solid waste charged as dollars per truck. Year beginning on July 1 of each calendar year. 24 I t s 4 } i } 2018 2019 2020 2021 2022 $194 $198 $202 $205 $209 TYPE IV: All other trucks or vehicles with a gross vehicle weight of 26,000 pounds including commercial solid waste hauling trucks or all other vehicles not qualifying as a Type 1, 11, or III: 1. Compacted. Dollars per cubic yard. Year beginning on July 1 of each calendar year. 2018 2019 2020 2021 2022 $36 $36 $37 $38 $38 2. Not compacted. Dollars per cubic yard. Year beginning on July 1 of each calendar year. 2018 2019 2020 2021 2022 $22 $22 $22 $23 $23 (C) Special handling: Shall be twice the amount per ton listed in (1)(A) above. (2) Lost item fee: If SWD personnel are able to search and recover a customer's lost item within an hour, the fee will be actual cost of the use of the equipment and the SWD personnel hourly wage, plus twice the sanitary landfill disposal fee. (3) Greenwaste and organics facility fee. (A) All clean greenwaste and acceptable organics must be delivered to a permitted County greenwaste and organics facility. (B) The greenwaste and organics disposal fee is set at 25% of the sanitary landfill disposal fee as described in section 12-3(1)(A) above. (C) The greenwaste and organics disposal fee is set at 65°l of the landfill disposal fee as described in section 12-3(1)(B) above at a County greenwaste and organics facility without scales. These facilities are able to accept Type I and Type II trucks only. (D) Greenwaste and organics must be separated from other solid waste in order to qualify for the reduced greenwaste and organics disposal fee. (E) The greenwaste and organics disposal fee may be suspended by the director if the greenwaste and organics facilities are not operating. 25 M � A A (4) Additional fee. In addition to the above fees, an additional fee of twenty-five dollars ($25) shall be assessed for all unsecured loads at the sanitary landfill, reload station, and organics facilities. RULE 13 Derelict or Abandoned Vehicles Program 13-1. Reporting a Derelict or Abandoned Vehicle. (a) All derelict or abandoned vehicles located on public property or private roads may be reported to the County police dispatcher. 13-2. Removal of Derelict or Abandoned Vehicle. (a) A responsible government enforcement agency shall attach a notice to the reported vehicle, requiring the owner to remove the vehicle within 24 hours. (b) A report is initiated for vehicles not removed within 24 hours. (c) The report shall be considered closed for any vehicle that is removed within 24 hours from the reported location or is no longer at the originally reported location when the County contractor arrives to tow the vehicle. (d) Vehicles identified as derelict pursuant to section 290-8, NRS, shall be immediately hauled to the vehicle processing facility or to the impound facility, as determined by the department. (e) Abandoned vehicles are towed to the impound facility and the legal and registered owner of the vehicle will be sent written notice by certified mail to last address on record at the vehicle registration and licensing division of the finance department. (f) Towing, storage, and administration fee: The registered owner shall pay for the actual cost of towing, plus an administration fee of$50 or as determined by the director. In addition, the registered owner shall pay for the storage of any impounded vehicle at a charge of$10 per day or as determined by the director. (g) Only the legal or registered owner may claim an impounded vehicle or property within the impounded vehicle upon payment of all fees incurred or at the discretion of the director. (h) All unclaimed abandoned vehicles shall be disposed of, or sold at, public auction. 26 �A 1