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Home My WebLink AboutBIL 083 Draft 01 2024-2026�JNtY Gi H,�1 COUNTY OF HAWAI`I STATE OF HAWAI`I BILL NO. 83 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PLASTIC AND POLYSTYRENE WASTE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: SECTION 1. Findings and purpose. The Council finds that the production, consumption, and end -of -life management of disposable foodware and serviceware has significant environmental impacts including greenhouse gas emissions, litter, marine pollution, environmental contamination, harm to wildlife, the depletion of precious natural resources, decrease of biodiversity, and the generation of hard -to -manage waste. The purpose of this ordinance is to reduce disposable plastic or polystyrene foodware and serviceware in the County of Hawaii, in alignment with the goals set forth by the County's Zero Waste Plan and with the State of Hawai`i's Aloha+ Challenge Solid Waste Reduction Goals. SECTION 2. Chapter 20, article 1, section 20-01-03, of the Hawaii County Code 1983 (2016 Edition, as amended) is amended by repealing the following definitions: - - • M. i. -it - I I � SECTION 3. Chapter 20, article 1, section 20-01-03, of the Hawaii County Code 1983 (2016 Edition, as amended) is further amended by adding definitions to be appropriately inserted and to read as follows: ""ASTM Standard" means the technical standard most recently published by ASTM International Inc., 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959." ""BPI certification mark" means the registered trademark of International Biodegradable Products Institute, Inc., 888c 8th Avenue, Suite 141, New York, NY 10019-8511, used to label a product as compostable." ""CMA-certified" means certified by Compost Manufacturing Alliance, LLC, 1540 Retsil Road SE Port Orchard, WA 98366-4175, as compliant with ASTM Standards D6400 or D6868." ""Disposable" means designed to be discarded after a single use or a limited number of uses." ""Food provider" means a person, business, or other establishment that sells or provides prepared food to the public." ""Plastic" means a synthetic, polymeric petrochemical or other hydrocarbon - derived compound, not including bioplastics and other naturally -derived, bioactive, or biodegradable plastics." ""Foodware" refers to items used to hold, store, or contain food or drink, such as cups lids covers plates, bowl, trays, or other containers, but does not include wrappers, bags, bottles, or cartons." ccc'Polystyrene" means a thermoplastic petrochemical compound composed of styrene monomers." ""Reusable" means designed to be used again, whether for the same or a different u ose. ""Serviceware" refers to implements used in the consumption of food or drink, such as a fork, spoon, stirrer, straw, or knife." SECTION 4. Chapter 20, article 1, section 20-01-03, of the Hawaii County Code 1983 (2016 Edition, as amended) is further amended by amending the following definition to read as follows: ""County facility" means any building, structure, or vehicle owned and operated by the County, its agents, agencies, [and] departments and i,,, hides G^ufAy t,,,;'dings, 11.7 ], and franchisees." SECTION 5. Chapter 20, article 5, of the Hawaii County Code 1983 (2016 edition, as amended) is amended to read as follows: "Article 5. [Polystyrene Foam Food Container- and Food c,,,., iee galar-e Redu,.+ion-.] Disposable Plastic and Polystyrene Reduction. Section 20-05-01. Prohibition. disposable food sefviee wEffe !hat is made fr-affi pelystyrene ] A food provider or County facility user may not sell, distribute, use, or otherwise provide to the public: (1) Disposable foodware made from polytyrene or plastic; or (2) Disposable serviceware made from polystyrene or plastic, unless requested by the customer or within a designated self-service area. Section 20-05-02. Use of [ree�hle] reusable or compostable [foodserviee-wiwe] foodware and serviceware required. disposable feed sei=viee (a) All feed vender-s using any disposable feed shall use a sukable An, food providers and County facility user selling, distributing, or otherwise providing food to the public in disposable foodware or with disposable serviceware shall do so using foodware or serviceware that is CMA-certified or visibly labelled as compostable with a BPI certification mark. 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 [venlefs-.] providers. (1) The director may exempt a food [vender] provider 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 [vender] provide r or County facility user that generally do not apply to other persons in similar circumstances. (3) Food [vefiier-s] providers 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 as specified by the director 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 [venders] providers 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. Section 20-05-04. Enforcement and special provisions. (a) Notwithstanding anvthing to the contrarv, violations of this article shall be subiect to a fine per day for each day in which the violation persists. In all respects not otherwise provided for, the director shall enforce this article in accordance with section 20-02-22. (b) A violation of this article in connection with a special event incurs: (1) A fine of $200 for the first violation, (2) A fine of $400 for the second violation; and (3) For any subsequent violation, a fine not to exceed: (A) $400, in the case of an event of no more than two hundred persons; (B) $600, in the case of an event of more than two hundred persons but not more than four hundred persons, (C) $800, in the case of an event of more than four hundred persons but not more than six hundred persons, or 2 (D) $1 000 in the case of an event of more than six hundred persons. For the purposes of this section "special event" means an event or occasion that is outside of the normal or regular activities of the host or the participants. (c) In assessing a fine under subsection (b), the director shall determine the applicable number of persons with respect to the special event. (d) The director may suspend enforcement of this article whenever, in the opinion of the director, compliance with this article in connection with a special event is unfeasible due to a shortage of compliant items or materials. (e) All fines assessed under this section shall be deposited into the solid waste fund. Section 20-05-05. Education program. The director shall establish and maintain an education and public information program regarding alternatives to disposable foodware and serviceware." SECTION 6. 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 that can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are severable. SECTION 7. 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 8. This ordinance shall take effect one year after its approval. INTRODUCED BY: Gn COUNCIL MEMBER —COUNTY OF HAWAI`I AAl yk: k COUNCIL MEMBER, COUNTY OF HAWAI`I , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 412