HomeMy WebLinkAboutORD 2026-003 2024-2026COUNTY OF HAWAI`I STATE OF HAWAII
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BILL NO. 83
ORDINANCE NO. 2G 03 (nRMT 3)
AN ORDINANCE AMENDING CHAPTER 20 OF THE HAWAVI 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 Bair Harbor Drive P.O. Box C700 West Conshohocken
PA 19428-2959."
`"`Disposable" means designed to be discarded after a single use or a limited
number of uses."
""Foodprovider" 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 coversplates, 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 bioplastics and other naturally -derived, bioactive, or
biodegradable plastics."
""Polystyrene" means a thermoplastic petrochemical compound composed of
st rene 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) Pant 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
primary contact with food or drink."
""Seryiceware" 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 property, building, structure, or vehicle owned and
operated by the County, its agents, agencies, [and] departments [and ifleltides G,,,,�
ildi igs, siruetures, part fe eati,f it f:�fYroperty.], and franchisees."
c"`County facility users" means [ate ,ties, assoeiations, ,
] any
Berson using a County facility for commercial purposes, including, but not limited to,
concession contracts with the County, County managed concessions, County sponsored
events, and food services provided at County expense."
""Prepared food" means [feed of beve .,,ges, whieh ., served, . ekaged, , ked,
> ineluding, ,
meats;bevefages, feady to eat, and takeout food. Prepared food -I--- --f iiielude raw.t eggs-,
botehered >
feed pfepafafien of hea4ing, For example, sashimi and poke shall be eensidefed to be
prepared food, This alse 1--- —1 indlude pre paekaged of pre sealed iteffis sueh a
br-eadsseookies,Fnilk,juiee, ,eafidy,nuts,"its, vegetables,
of other- item
' .] food or drink
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."
SUCTION 5. Chapter 20, article 5, of the Hawaii County Code 1983 (2016 edition, as
amended) is amended to read as follows:
"Article 5. [Polystyrene
ua.tawa
Disposable Plastic and Polystyrene Reduction.
Section 20-05-01. Prohibition.
[ ed- i-n
thin sable food s _ madeft-
e that � e P ,i.. +,,..a.,o foam.
�'��P Any food provider, County facility user, or organization hosting an event with
CoupM grant Rinds mgy not sell distribute use or otherwise provide to thepublic:
(1) Disposable foodware made from polystyrene rene or plastic; or
(2) Disposable serviceware made from polystyrene or plastic.
Section 20-05-02. Use of [reeyelable] reusable or compostable [food -,ffiiee .•, :ie]
foodware and serviceware required.
[(a) All f e nde dis able f e ,.a.•yiee rare shall .spa n su tub!
}��. ivti�rury �r�ua uteri [cv uiiuviv
"'A
disposable food ser-yiee ware]
An, f�provider, business, or Coun-V facility user selling, distributing or
otherwise providing_ prepared food to the public shall do so using disposable foodware or
with disposable serviceware that is certified by a third -party entity as compliant with
ASTM Standards D6400, D6868, or D8410, or any other equivalent technical standard
for compostability or biodegradability, or foodware or serviceware that is reusable.
Section 20-05-03. Exemptions.
(a) The following are exempt from the provisions of this article:
(1) [Foods pa r,, ged outside the limit f the 66,,.,ty E) fH- ,,.,,ai'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 [vendats-.] providers,
(1) The director may exempt a food [vendor] provide r 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 small 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] provider or County facility user that generally do not apply to other
persons in similar circumstances.
(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
4
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 an,, tag 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 an subse went 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 hundredpersons; 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
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 fiind.
Section 20-05-05. Education progr-am,
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."
5
SECTION b. 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 Y:
OUNCI MEMB R, COUNTY OF HAWAI`I
COUNCIL ` E BER, COUNTY OF HAWAI`I
Hilo , Hawai`i
Date of Introduction:
November
5,
2025
Date of I st Reading:
November
19,
2025
Date of 2nd Reading:
December
3,
2025
Effective Date:
January
20,
2027
REFERENCE Comm. 482.102
r1
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By: Michelle Galimba and
Rebecca Villegas
Date Introduced:
November
5,
2025
First Reading:
November
19,
2025
Publisled:
November
28,
2025
REMARKS:
POSTPONED: November 5, 2025
Second Reading:
December 3, 2025
To Mayor:
January
5,
2026
Returned:
January
15,
2026
Effective:
January
20,
2027
Published:
January
30,
2026
REA,1ARKS:
(Draft 2)
ROLL CALL VOTE
AYES
NOES
ABS
EX
Galimba
X
Hustace
X
Inaba
X
Kagiwada
X
Kaneali`i-Kleinfelder
X
Kierkiewicz
X
Kimball
X
011lsbi
X
Villegas
X
8
1
0
0
(Draft 3)
ROLL CALL. VOTE
AYES
NOES
ABS
EX
Galimba
X
Hustace
X
Inaba
X
Kagiwada
X
Kaneali`i-Kleinfelder
X
Kierkiewicz
X
Kimball
X
Onisbi
X
Villegas
X
8
0
1
0
I DO HEREBY CERTIFI" that the foregoing BILL ivas adopted by the County Council pith lished as
indicated above.
Approved/Disapproved
U%
COUNCIL CHAIRPERSON
day
,20 COUNTIFCLERK
Bill No.:
A�IAYDR, CO URITY OF HA 11,7API
Reference:
Ord No.:
83 (Draft 3)
C-482.102/PCENRM-3
2G 03