HomeMy WebLinkAboutBIL 267 Draft 01 2002-2004OFFICE INFORMATION ONLY
Meeting: Finance Committee — May 18, 2004
Action: Deferred; never taken up again
Re: Bill 267; Comm. 613 (2002-2004 term)
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 267
ORDINANCE NO.
A BILL FOR AN ORDINANCE TO AMEND CHAPTER 14 (GENERAL WELFARE), HAWAPI
COUNTY CODE 1983, (1995 EDITION), BY ADDING A NEW ARTICLE RELATING TO
UNEXPLODED MILITARY ORDNANCES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 14 (General Welfare) of the Hawaii County Code 1983 (1995 Edition), is
amended by adding a new article to be appropriately numbered and to read as follows:
"Article . Unexploded Military Ordnances.
Section -. Purpose.
The purpose of this measure is to establish a central repository for confirmed inventory
sites of unexploded military ordnances and explosive devices in the County of Hpwai`i and
surrounding coastal ocean areas up to 1,000 meters deep The repository of this information will
help mitigate hazards resulting from the actual and potential presence of unexploded military
ordnances through full disclosure The civil defense agency, through its administrator, shall be the
repositor agency for pertinent data of unexploded military ordnance and explosive device sites.
Section -. Definitions.
As used in this article:
(1) "Discarded military munitions" means the military munitions that have been
abandoned without proper disposal or removed from storage in a military magazine or
other storage area for the purpose of disposal The term does not include unexploded
ordnance military munitions that are being held for future use or planned disposal, or
military munitions that have been properly distosed of consistent with applicable
environmental laws and regulations.
(2) "Inventory site" means that site in the County of Hawaii that has been confirmed to
contain or have contained unexploded ordnance discarded military munitions, or
munitions constituents Inventory site includes private lands and coastal ocean areas
surrounding the County of Hawaii up to 1,000 meters in depth.
(3) "Military munitions" means all ammunition products and components produced for or
used by the armed forces for national defense and security, including ammunition
products or components under the control of the Department of Defense the Coast
Guard the Department of Energy, and the National Guard. The term includes
confined gaseous liquid and solid propellants explosives pyrotechnics chemical and
riot control agents smokes and incendiaries including bulk explosives and chemical
warfare agents chemical munitions rockets guided and ballistic missiles, bombs,
warheads mortar rounds artillery ammunition, small arms ammunition, grenades,
mines tomedoes depth charges cluster munitions and dispensers demolition charges,
and devices and components thereof. The term does not include wholly inert items,
improvised explosive devices and nuclear weapons nuclear devices and nuclear
components except that the term does include nonnuclear weapons program of the
Department of Energy after all required sanitization operations under the Atomic
Energy Act of 1954 have been completed.
(4) "Munitions constituents" means any materials originating from unexploded ordnance,
discarded military munitions or other military munitions including explosive and
nonexplosive materials and emission degradation, or breakdown elements of such
ordnance or munitions.
(5) "Unexploded military ordnance" means military munitions that:
(A) have been primed fused armed or otherwise prepared for action
(B) have been tired dropped launched projected or placed in such a manner as
to constitute a hazard to operations installations personnel or material• and
(C) remained unexploded either by malfunction design or any other cause.
Section - . Reports required.
(a) All agencies and departments of the county and private disposal contractors shall report
inventory sites and repository information to the civil defense administrator within thirty days
of the incident.
(b) State and federal agencies are encouraged to report inventory site information to the
administrator.
Section - . Civil Defense Agency.
(a) The civil defense administrator shall maintain the inventory site listings and repository
information received from government agencies and departments and private disposal
contractors.
(b) All reports shall be reported to the administrator with the required information described in
section 14-
(c) The administrator shall submit an annual report to the county council within thirty days from
the completion of the fiscal year
Section -. Repository information.
The information in the repository for each reportable incident shall include at a minimum,
the following:
(1) Location of the inventory site, including current ownership.
(2) Date information received by the administrator.
(3) Type of ordnance discarded military munitions or munitions constituents.
(4) Origin of ordnance discarded military munitions or munitions constituents, if known.
(5) Party responsible for area clean up.
(6) Contact person who found unexploded ordnance discarded military munitions or
munitions constituents including telephone number if contact person gave permission.
(7) A copy of the police file or military file, if available.
(8) Special precautions required rendering area safe if available."
SECTION 2. Severability. If any provision of this ordnance, or the application thereof to any
person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of
the ordnance which can be given effect without the invalid provision or application, and to this end the
provisions of this ordinance are severable.
SECTION 3. New material is underscored. In printing this ordinance, the underscoring need not
be included.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY
COUNCIL BER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1'` Reading:
Date of 2°d Reading:
Effective Date:
ktfERENu- Comm. 613