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Home My WebLink AboutBIL 017 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII BILL NO. i~ ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 4Q OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI'L• SECTION 1. Chapter 2, Article 4Q Department of Environmental Management of the Hawaii County Code 1983 (1995 edition), is amended as follows: Article 40. Department of Environmental Management Section 2-198. Definitions. (a)"director" means the director of the department of environmental management. (b)"department" means the denartment of environmental mana eg ment. (c)"commission" means the environmental management commission. Section {2-1r38] 2-199. Composition of department. There shall be a department of environmental management consisting of a director, the necessary staff and an environmental management commission. Section [2-1-99] 2-200. Statement of policy. The department of environmental management is established to protect, preserve, and enhance our environment by promoting the wise management of our waste. Section [2-290] 2-201. Appointment and qualification of department head. The director of environmental management shall be appointed by the mayor, confirmed by the council, and maybe removed by the mayor. The director shall have had a minimum of five years' administrative experience in a related field. Section [2-20~] 2-202. Powers, duties and functions. The department of environmental management shall manage solid waste, wastewater, and recycling programs of the County, and exercise other functions prescribed by ordinance. The department shall administer this article as well as chapters 20 and 21 through the director. The director may deleeate to any person such power and authority vested in the director as the director deems reasonable and proper for the effective administration of these chapters, except the power to make rules. The director may adopt, amend and repeal rules relating to solid waste, wastewater and recycling. Section 2-203. Divisions within department. (a) The department of envirorunental management shall be divided under the director into the following divisions: (1) Wastewater Division. The wastewater division shall be responsible for the construction, maintenance, and operation of all sewage programs and facilities operated by and for the County. (2) Solid Waste Division. The solid waste division shall be responsible for the construction, maintenance, and operation of all solid waste programs and facilities operated by and for the County. Section 2-204. Enforcement. (a) If the director determines that any person has violated or is violating any provision of this article or chapters 20 or 21 or any rule adopted pursuant to these chapters, the director may do any one or more of the following: (1) Issue an order assessing an administrative penalty for any past or current violation• (2) Require compliance immediately or within a specified time; and (3) Commence a civil action in the circuit court for appropriate relief, including a temporary, preliminar~pennanent injunction, the imposition and collection of civil penalties, or other relief. (b) Any order issued pursuant to this section shall state with reasonable specificity the nature of the violation. Any administrative penalties assessed in the order shall be in accordance with section 2-206. (c)Any order issued under this chapter shall become final, unless not later than twenty days after the notice of order is served, the person or persons named therein request in writing a hearine before the director. Any penalty imposed under this chapter shall become due and payable twenty days after the notice of penalty is served unless the person or persons named therein request in writing a hearing before the director. Whenever a hearin ig s requested on any penalty imposed under this chapter, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part. Upon request for a hearing, the director shall require that the alleged violator or violators appear before the commission for a hearing at a time and place specified in the notice and answer the char eg s complained of. (d) Any hearing conducted under this section shall be conducted as a contested case under chapter 91. If after a hearing held pursuant to this section, the commission finds that a violation or violations have occurred, the commission shall affirm or modify any penalties imposed or shall modify or affirm the order previously issued or issue an appropriate order or orders for the prevention, abatement, or control of the violation or disposals involved, or for the taking of such other corrective action as maybe appropriate. If, after a hearing on an order or penalty contained in a notice, the commission finds that no violation has occurred or is occumng, the commission shall rescind the order or penalty. Any order issued after hearing maYprescribe the date or dates by which the violation or violations shall cease and may prescribe timetables for necessary action in preventing, abating. or controlling the violation or disposals. (e) If the amount of any penalty is not paid to the department within thirty days after it becomes due and payable, the director may institute a civil action in the name of the county to collect the administrative penalty which shall be a government realization. In any proceeding to collect the administrative penalty imposed, the director need only show that: (1) Notice was given; (2) A hearing was held or the time wanted for requesting a heating expired without a request for a hearing; (3) The administrative penalty was imposed; and (4) The penalty remains unpaid. Section 2-205. Penalties. Any person who violates this chapter or chapters 20 or 21, any rule adopted pursuant to these chapters, or any condition of a permit or variance issued pursuant to this chapter shall be fined not more than $1,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken in court to impose or collect the penalty provided for in this subsection shall be considered a civil action. Section 2-206. Administrative penalties. In addition to any other administrative or judicial remedy, the director is authorized to impose by order the penalties specified in section 2-205. If any party is aggrieved by the decision of the commission, the party may appeal in the manner provided in chapter 91 to the circuit court; provided that the operation of a cease and desist order will not be staved on appeal unless specifically ordered by a court of competent jurisdiction. Section [~3] 2-207. Environmental management commission. There shall be an environmental management commission consisting of nine members who shall be appointed by the mayor and confirmed by the council. One member shall be a resident of each council district. The terms of the members shall be prescribed in section 13-4 of the Hawaii County charter. The environmental management commission shall advise the department on waste reduction strategies, recycling, litter control, community involvement, and other issues related to the functions of the department, and shall exercise any other powers related to the functions of the department that may be delegated to it by ordinance. The commission shall hear and determine appeals from decisions of the director, including orders and denials of variances. SECTION 2. Material to be repeated is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 3. If any provision of this ordinance, or the application thereof to any person or circumstance, 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 4. This ordinance shall take effect upon its approval. INTRODUCED BAY: COUNCIL IvI MBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: R~FcfiF~iCE: Ccmm. 50