HomeMy WebLinkAboutBIL 083 Draft 02 2024-2026COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAI`I
BILL NO. 83
(DRAFT 2)
AN ORDINANCE AMENDING CHAPTER 20 OF THE HAWAFI 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:
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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."
""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."
""Plastic" means a synthetic, polymeric petrochemical or other hydrocarbon -
derived compound, not including bioolastics and other naturally -derived, bioactive, or
biodegradable plastics."
""Polytyrene" means a thermoplastic petrochemical compound composed of
styrene monomers."
""Pre -packaged food" means food or drink that is prepared and sealed, contained,
wrapped, or packaged prior to distribution."
""Reusable" refers to foodware or serviceware that is repeatedly returned to the
food service provider or to a reuse service provider for reuse and is:
(a) Explicitly designed and marketed to be used multiple times for the same
product or for another foodware use in a supply chain without undergoing a
change in form;
(b) Designed for durability to function in its original condition to ensure the
foodware can be conveniently and safely reused for multiple cycles;
(c) Part of an established system to be repeatedly recovered, inspected, cleaned,
and reissued into the supply chain for reuse for multiple cycles; and
(d) Not constructed of polystyrene or plastic for the base of the container that is in
Vrimary contact with food or drink."
""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 definitions to read as
follows:
""County facility" means any propeily, building, structure, or vehicle owned and
operated by the County, its agents, agencies, [end] departments [and -includes County
building ,.tfuet. res parks, reereation f edit;°, or property. ], and franchisees."
""County facility users" means [ ,
or speeial event pfameters who require a permit to reserve or rent a Count facility or
permit or ..o tract ♦e use .. sidewalk ar roadway. !',.ufAy C ,,ilia.. ....,.rs al..o inehid any
person using a Countv facilitv for commercial nurooses, includine, but not limited to,
concession contracts with the County, County managed concessions, County sponsored
events, and food services provided at County expense."
Preparedfood"
that is cooked served packaged or otherwise prepared at the request of a customer for
immediate consumption with no heating cooking or other preparation required after sale
to be safe for human consumption."
SECTION 5. Chapter 20, article 5, of the Hawaii County Code 1983 (2016 edition, as
amended) is amended to read as follows:
"Article 5. [
Disposable Plastic and Polystyrene Reduction.
Section 20-05-01. Prohibition.
[Food providers and County faeility users are prohibited from providing-feed4n
Any food provider. County facility user or organization hosting an event with
County grant funds may not sell distribute use or otherwise provide to the public:
(1) Disposable foodware made from polystyrene or plastic; or
(2) Disposable serviceware made from polystyrene or plastic.
Section 20-05-02. Use of [reeyelable] reusable or compostable [food—aerv=«a-arti]
foodware and serviceware required.
[
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Any food provider, business or County facility user selling, distributing, or
otherwise providing prepared food to the public shall do so using disposable foodware or
with disposable serviceware that is CMA-certified or visibly labeled as compostable with
a BPI certification mark or foodware or serviceware that is reusable.
Section 20-05-03. Exemptions.
(a) The following are exempt from the provisions of this article:
(1) [ i'i;] Pre -packaged
foods;
(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 [venders:] 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.
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(3) Food [venders] 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 anything to the contrary, violations of this article shall be subject
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
T more than four hundred persons;
(C) $800 in the case of an event of more than four hundred persons but not
T more than six hundred persons; or
(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
T 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, in consultation with the sustainability administrator, 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.
INTROD ED B
fir• .
COUNCIL MEMB COUNTY OF HAWAI`I
COUNCIL MEMBER, COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 412.10