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Home My WebLink AboutORD 2005-022 2004-2006 COUNTY OF HAWAII STATE OF HAWAII BILL NO. I~ ORDINANCE NO. 05 22 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 40, OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, Article 40, 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 mana eg ment. (b)"department" means the department of environmental manaeement. (c)"commission" means the environmental management commission. Section f2-198] 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 [2-199] 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 [2-281-] 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 ma~gate to any person such power and authority vested in the director as the director deems reasonable and proper for the effective administration of these chanters, except the power to make rules The director may adopt amend and reroeal rules relatine to solid waste, wastewater and recvcling_ Section [2~~] 2-203. Divisions within department. (a) The department of environmental 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 anv person has violated or is violating any provision of this article or chanters 20 or 21 or any rule adopted pursuant to these chapters, the director may do anv one or more of the following (1) Issue an order assessing an administrative roenalty for anv 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, preliminazy, or permanent injunction the imroosition and collection of civil penalties, or other relief. (b) Anv order issued pursuant to this section shall state with reasonable specificity the nature of the violation. Anv 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 davs after the notice of order is served the person or persons named therein request in writine a hearine before the director Any penalty imposed under this chapter shall become due and payable twenty davs after the notice of penalty is served unless the person or persons named therein request in writing a hearing before the director Whenever a heazin~ is requested on anypenalty imposed under this chanter the penalty shall become due and payable onl~pon completion of all review proceedines and the issuance of a final order confirmine the penalty in whole or in mart Upon request for a hearine, the director shall require that the alleged violator or violators aropeaz before the commission for a hearine at a time and dace specified in the notice and answer the char eg s complained of. (d) Anv hearine conducted under this section shall be conducted as a contested case under chapter 91. If after a heazine held pursuant to this section the commission finds that a violation or violations have occurred, the commission shall affirm or modifv anv penalties imposed or shall modifv 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 takine of such other corrective action as maybe appropriate. If, after a hearine on an order or penalty contained in a notice the commission finds that no violation has occurred or is occumn~ the commission shall rescind the order or penalty. Any order issued after hearing may prescribe the date or dates by which the violation or violations shall cease and may prescribe timetables for necessary action in preventive, abating, or controlling the violation or disposals (e) If the amount of any penalty is not paid to the department within thirty dam 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 eovernment realization In any proceedine to collect the administrative penalty imposed the director need only show that: (1) Notice was iven; (2) A hearine was held or the time granted for requestine a heatine expired without a reouest 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 Anv 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 im ose b order the enalties s ecified in section 2-205. If an art 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 b_v a court of competent jurisdiction. Section [2-283] 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 maybe 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 repealed 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 BY: COUNCIL NI>'MBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: January 21, 2005 Date oflstReading: January 21, 2005 Date of 2nd Reading: February 2 , 200 5 Effective Date: February 9, 2005 OFFICE OF THE COUNTY CLERK ' ~ ' ~7 a h~ _ dime-'--"~-=,° B'._~/ County of Hawaii Gate_.._._.__? ~_1C s xi 1o, Hawai`i ~ Introduced By: Bob Jacobson ROLL CALL VOTE Date introduced: January 21, 2005 AYES NOES ABS EX First Reading: January 21, 2005 Arakaki X Published: January 30, 2005 Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 9 0 0 0 _J Second Reading: February 2, 2005 To Mayor: February 3, 2005 ROLL CALL VOTE Returned: February 9, 2005 AYES NOES ABS EX Effective: February 9, 2005 Arakaki X Published: February 15, 2005 Higa X Hoffmann X REMARKS: Holschuh X Ikeda X Isbell X Jacobson X Pilago X Safarik X 9 0 0 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published cas indicated above. APPROVED AS TO FORM AND EG ITY: _ COUN A MAN TYC RPORATIONCOUNSEL ~~f~t _ ~i~~~~ COUNTY OF HAWAII wr~~.l'~CG~EI rC ~ ~ COUNTY CLERK Date 7 ?I 17 Bill No.: _ pprove isapprovedthis ~ day C-50/EMC-3 Reference: of F/.~ 20 OS OrdNo.: OS tit G'Vtit 4~' AYOR, C' Y OF IIAWAI7