HomeMy WebLinkAboutBIL 192 Draft 02 1992-1994OFFICE INFORMATION ONLY
Meeting: Human Services and Public Works Committee (1992-1994 term)
Action: Withdrawn via Comm. 465 from Council Chair James Y. Arakaki dated
January 16, 2004 (2002-2004 term)
Note: Amended to Dr. 2 by the committee at its meeting of March 22, 1994;
and referred to the Corporation Counsel and Administration for review and
comment. Never taken up again.
Re: Bill 192; Comm. 807 (1992-1994 term)
COUNTY OF HAWAII „ ;:;NATE OF HAWAII
BILL NO. 192
DRAFT 2
ORDINANCE NO
AN ORDINANCE GOVERNING SOLID WASTE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to
delete Article 3, and add a new chapter to the Hawaii County Code
1983, governing Solid Waste Management. To protect the health,
safety and welfare of the County, the Council has determined the
necessity of providing a coordinated county -wide program for the
safe, economical and efficient Collection, storage, transportation
and disposal of [wastes and] solid wastes, and to ensure adequate
standards of service for said collection, storage, transportation
and disposal of [wastes and] solid wastes.
[SECTION 2. Chapter 20 of the Hawaii County Code 1983,
relating to refuse is amended by deleting Article 3.1
SECTION [3] 2. The Hawaii County Code is hereby amended by
adding a new chapter to be appropriately numbered and to read as
follows:
"CHAPTER
SOLID WASTE MANAGEMENT
Article 1. General Provisions.
Section —1 Definitions.
(a) Whenever used in this chapter, the following words and
phrases, unless the context otherwise requires, shall be defined
as indicated:
(1) "Authorized residential recycling collector" means a
person authorized under and by virtue of a [contract with] license
granted by the County to provide recycling services to residential
premises in the County.
(2) "Authorized commercial recycling collector" means a
person authorized under and by virtue of a license granted
pursuant to Article B of this Chapter.
(3) "Authorized recycling collector" includes an
authorized residential recycling collector and an authorized
commercial recycling collector.
(4) "Bulky Goods" means discarded: furniture; carpets;
mattresses; household appliances including refrigerators, ranges,
washers, dryers, water heaters, and dishwashers and other similar
items (commonly known as "white goods"); electronic equipment such
as stereos, televisions, computers, and VCRs and other similar
items (commonly known as "brown goods"); clothing; tires; and
oversized yard wastes such as tree trunks and branches not
exceeding two (2) feet in diameter and four (4) feet in length.
dA!
Bulky Goods does not include any motor vehicle or any subassembly,
component, or part thereof (except tires).
(5) "Cannery waste" means semi-liquid slurry wastes and
vegetable wastes which are generated by bulk food processors such
as, but not limited to, canneries and frozen food processors and
which:
method; and
(A) Are suitable for land spreading as a disposal
(B) Are segregated from other waste materials and
kept and accumulated in separate containers by the generator
thereof for the purpose of having it disposed by land spreading;
and
(C) Are actually and lawfully disposed by land
spreading.
(6) "Commercial premises" means all premises except
residential premises.
(7) "Commercial solid waste" means solid waste generated
at commercial premises.
(8) "Composting" means any process in which waste
organic matter decomposes in a controlled environment.
(9) (A) "Demolition materials collector" means any
person who engages in the business of collecting, transporting
and/or disposing of either of the following:
(i) Demolished building materials or residue
remaining after the demolition of any structure; or
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(ii) Materials or residue generated in the
grading of land either during initial site preparation or after
demolition.
(B) Demolition materials collector includes persons
who engage in the activities described in subsection (9) (A)
incidentally to the business of demolition, construction or
remodeling.
(10) "Designated recycling collection location" means:
(A) Any container designated by posted signs,
marked or labeled as a container for recyclable material.
(B) Any place where an authorized recycling
collector has contracted to pick up recyclable material segregated
from other waste material, including the curbside of a residential
premises or the service alley of a commercial premises.
(C) Any place designated in a contract between the
County and an authorized recycling collector from which the
authorized recycling collector has contracted to collect
uncontainerized recyclable material.
(11) "Chief Engineer" means the Chief Engineer of the
County of Hawaii Public Works Department.
(12) "Garbage" means putrescrible wastes including
kitchen and table food wastes; animal or vegetable wastes
resulting from the storage, preparation, cooking, processing, or
handling of food or food stuffs; nonputrescible wastes that are
mixed in the same container with or are contaminated by
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putrescible wastes; infectious wastes, such as used tissues and
disposable diapers, which are normally produced at residential
premises; small dead animals not exceeding ten (10) pounds in
weight; and any putrefactive or easily decomposable waste material
that is likely to attract flies, vermin, birds or rodents.
Garbage does not include materials that are
separated and set aside for recycling or composting and does not
include hazardous material.
The determination as to whether material is garbage
shall be made by the Chief Engineer based on a consideration of
the purposes of this Chapter.
waste.
(13) "Generator" means any person that generates solid
(14) "Handling", when used in connection with solid
waste, means the keeping, storage, collection, transportation, and
processing of solid waste.
(15) "Hazardous material" means any material or
combination of materials which because of its quantity,
concentration or physical, chemical or infectious characteristics
may either:
(A) Cause or significantly contribute to an
increase in mortality or an increase in serious irreversible, or
incapacitating reversible, illness; or
(B) Pose a substantial present or potential hazard
to human health or environment when improperly treated, stored,
transported or disposed of or otherwise managed.
267M
(C) Hazardous Material includes hazardous wastes as
defined under Hawaii or United States law or any regulations
promulgated pursuant to such law, as such law or regulations may
from time to time be amended to include but not limited to any
prohibited materials as defined by the State department of health
rules and regulations and standards including any radioactive or
chemical waste any pesticides explosives blasting materials,
fuses live ammunition or other substances that may explode on
contact with heat or fire.
(16) "Mixed recyclables" means single recyclables that
are:
(A) Commingled in a container in a combination
specified in rules promulgated by the Chief Engineer; and
(B) Segregated from other waste materials by the
generator for the purpose of recycling.
(17) "Multi -family dwelling" means any permanent premises
of two or more units used for residential purposes where the units
do not receive separate or individual solid waste collection
service. By way of illustration, multi -family dwelling includes
apartment buildings, attached single-family dwellings such as
townhouses and condominiums in which the units do not receive
separate or individual solid waste collection service.
Multi -family dwelling does not include any hotel,
motel, guesthouse, residential care facility, extended care
facility, sorority or fraternity house, school, dormitory,
residential service facility, emergency residential shelter,
hospital, convent or monastery.
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(18) "Owner" means the person holding the legal title to
any real property located in the County.
(19) "Premises" means any land, building and/or structure
or portion thereof in the County.
(20) "Recyclable material" means materials which are
segregated from other waste material for the purpose of recycling
and includes, but is not limited to paper, glass, metals, wood,
plastics, yard wastes, bulky goods, and waste oil.
(21) "Recycling" means the process of collecting,
sorting, cleansing, treating, and reconstituting materials that
would otherwise be disposed of by landfilling or transformation,
and returning such materials to the economic mainstream in the
form of raw material for new, reused, or reconstituted products.
(22) "Recycling center" means a facility or site which
accepts segregated or mixed recyclable materials for the purpose
of recycling. The recycling center must be in conformance with
all applicable federal, state and local laws and regulations
including without limitation the applicable provisions of the
Hawaii County Zoning Code contained in Hawaii County Code 1983
Title , and be in conformance with all permits issued.
(23) "Residential premises" means single-family dwellings
and multi -family dwellings.
(24) "Residential solid waste" means solid waste
generated at residential premises.
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(25) "Rubbish" means all waste wood, wood products, tree
trimmings, grass cuttings, dead plants, weeds, leaves, dead trees
or branches thereof, chips, shavings, sawdust, printed matter,
paper, pasteboard, rags, straw, used and discarded mattresses,
used and discarded clothing, used and discarded shoes and boots,
combustible waste pulp and other products such as are used for
packaging or wrapping crockery and glass, ashes, cinders, floor
sweepings, glass, mineral or metallic substances, earth, rock,
used, demolished or discarded building materials, and other waste
material not included in the definitions of "garbage", "stable
matter", or "swill" set forth in this part.
(26) (A) "Single recyclable" means recyclable material
that is segregated by the generator, for the purpose of recycling,
into one of the following categories: newspaper, mixed paper,
glass, metals, plastics, wood, beverage containers, soil,
concrete, and such other categories as may be designated in rules
promulgated by the Chief Engineer.
(B) Single recyclable does not include material in
any of the categories listed in subsection A that are commingled
in a container with materials in another listed category.
(27) "Single-family dwelling" means permanent premises
used for or designated as a single-family residential dwelling.
Single-family dwelling includes each part of a (a) condominium
project, (b) duplex, (c) townhouse project, or (d) apartment
building which has been approved by the Chief Engineer for
separate or individual solid waste collection service.
(28) "Solid waste" means all putrescible and
nonputrescible solid and semi-solid waste material including
garbage, rubbish, demolition and construction wastes, industrial
wastes, vegetable and animal solid and semi-solid wastes, reusable
or recyclable material, bulky goods, and other discarded solid and
semi-solid wastes.
(29) "Solid waste collector" means:
(A) Any person authorized to perform residential
solid waste collection services in the County pursuant to a
collection agreement existing between such person and the County;
and
(B) Any person authorized to perform commercial
solid waste collection services in the County pursuant to:
(i) A collection agreement existing between
such person and the County;
(ii) A license granted in accordance with the
provisions of [Part 11] Article 8 or [Part 121 Article 9 of this
Chapter[; or]_
[(iii) A permit issued in accordance with the
provisions of Article 13 of this Chapter.]
(30) "Solid waste disposal facility" means a facility or
site where final disposal of solid waste occurs and such facility
or location meets all of the following requirements:
(A) The facility or site is designated as a
disposal site in the Integrated Waste Management Plan for Hawaii
County; and
(B) The facility or site is operating pursuant to a
solid waste facilities permit issued pursuant to Hawaii
State/County laws; and
(C) The facility or site is in conformance with all
applicable state, federal and local laws and regulations including
without limitation the applicable provisions of the Hawaii County
Code and all permits issued.
(31) "Stable matter" means all manure and other waste
matter normally accumulated in and about stables or any farm
animal, livestock or poultry enclosures resulting from the keeping
of farm animals, poultry or livestock.
(32) "Swill" means any animal or vegetable waste
resulting from the handling, packing, canning, cooking, preparing
or processing of food, which:
(A) Is fit for consumption by, and may lawfully be
fed to animals, or which will be made fit by heat or other
treatment for consumption by animals and may thereafter be
lawfully fed to animals; and
(B) Has been segregated from other refuse and kept
and accumulated in separate containers by the generator thereof
for the purpose of feeding it or having it fed to animals; and
(C) Is actually and lawfully fed to animals.
(33) "Swill collector" means any person who collects
swill and possesses a valid swill collector's [permit] license
issued in accordance with the provisions of [Part 14] Article 10
of this Chapter.
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(34) "Tenant" means any person or persons, other than the
owner, occupying or in possession of a premises.
(35) "[Transfer/p]Processing station" means a facility or
site where solid wastes are transferred from hauling vehicles to
transfer vehicles and the solid waste or a portion thereof may
undergo incidental processing, recycling or further handling
before transport to a disposal facility or other waste handling
facility, and includes a facility or site where solid wastes are
subject to processing operations involving reduction, separation,
resource recovery or conversion. The [transfer/]processing
station must meet all of the following requirements:
(A) The facility or site is designated as a
[transfer station or] waste processing facility in the Integrated
Waste Management Plan for Hawaii County; and
(B) The facility or site is in conformance with all
applicable federal, state and local laws and regulations including
without limitation the applicable provisions of the Hawaii County
Code.
36 "Transfer station" means a facility designed to
collect household rubbish from the surrounding community and to
transport this refuse to a suitable disposal facility.
[(36)] 37 "Transformation" means incineration,
pyrolysis, distillation, gasification, or biological conversion
other than composting. Transformation does not include composting.
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[(37)] 38 "Waste oil" means oil of a type approved by
the Chief Engineer for collection in the County's waste oil
collection plan.
[(38)] 39 "Yard wastes" means grass, weeds, leaves,
tree trimmings, plants, shrubbery prunings, and such other similar
materials which are generated in the maintenance of yards,
gardens, or commercial landscaping in the County an which are
separated from other solid waste materials and placed in a
designated recycling collection location.
Article 2. General Regulations
Section 2 Responsibility For Compliance.
The primary responsibility for proper handling of solid waste
generated or accumulated on any premises shall be on the generator
of the solid waste. Should the generator refuse, neglect or fail
to provide for the proper handling of solid waste in accordance
with this Chapter, the owner of the premises within or upon which
the solid waste has been generated or accumulated shall provide
for proper handling of the solid waste in accordance with the
provisions of this Chapter.
Section 3 General Requirements.
(a) Except as authorized by the provisions of this Chapter:
(1) No person shall store or accumulate any solid waste,
nor permit the storage or accumulation of any solid waste within
or upon any property or place owned, leased or rented by such
person or in such person's possession or control.
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(2) No person shall place any solid waste in or upon any
premises in the County other than the premises where such solid
waste is generated.
(3) No person shall permit any premises owned, leased or
rented by such person or in such person's possession or control to
be used for the storage or accumulation of any solid waste other
than solid waste generated on such premises.
(4) No person shall place any solid waste on or in any
public place or public property, including without limitation, any
street, way, sidewalk, gutter, stream or creek, shorelines or the
banks thereof.
(5) No person shall dispose of any solid waste, nor
permit the disposal of any solid waste, on any premises owned,
leased or rented by such person or in such person's possession or
control.
(b) No person shall sort, separate or segregate any solid
waste of any kind within or upon any public street or place,
unless so authorized by the Chief Engineer of the County of
Hawaii, and then only in the manner, place and time and subject to
such restrictions as may be imposed by the Chief Engineer of the
County of Hawaii.
Section 4 Garbage Containers Required.
Any and all garbage generated within or upon any premises in
the County of Hawaii shall be placed without delay in garbage
containers and shall be stored in such containers on the premises
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where generated until disposed of in accordance with the
provisions of this Chapter.
Section 5 General Requirements For Garbage Containers.
(a) All garbage containers used in the County shall be
non-absorbent, water -tight, vector-resistent, durable, easily
cleanable, and designed for safe handling. In any case where the
provisions of this Chapter permit the storage of garbage in
plastic bags, the bags shall have sufficient strength to hold the
garbage and shall be designed for the containment of solid waste.
(b) Except when the containers are set out for garbage
collection, the garbage generator shall keep and maintain all
garbage containers within the premises where the garbage is
generated.
(c) No person shall place any garbage container in any place
or in any manner such that the container impedes normal vehicular
traffic, public transportation or pedestrian or wheelchair access
to public rights-of-way.
(d) Except when garbage or other solid waste is being placed
into or removed from the container, the garbage generator shall
keep each and every garbage container sealed with a tight -fitting
cover or securely tied so as to prevent the escape or leakage from
the container of any garbage or other solid waste or of any
offensive vapors, gases or odors.
(e) The garbage generator shall not cause or permit any
garbage container to be filled in any manner which causes solid
waste to overflow from the container.
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(f) The garbage generator shall at all times keep the garbage
container clean and sanitary, shall treat the garbage container in
such manner and to such extent and with such substance as may be
necessary to repel and keep away flies and rodents, and shall keep
the garbage container odorproof.
(g) The garbage generator shall not cause or permit garbage
to be so compacted or otherwise placed, kept or accumulated in any
garbage container in a manner which does not allow the contents of
the garbage container to fall out, by their own weight, upon the
container being lifted and turned upside down.
Section 6 [Rubbish] Solid Waste --Accumulation
Requirements.
(a) Any and all [rubbish] solid waste generated within or
upon any premises in the County shall be placed by the generator
in [rubbish] solid waste containers of the type authorized by this
chapter, and shall be stored on the premises where generated until
disposed of in accordance with the provisions of this Chapter.
(b) In all cases where [rubbish] solid waste is combined with
garbage, the [rubbish] solid waste shall be handled in accordance
with the provisions of this Chapter which apply to the handling of
garbage.
Section 7 General Requirements For [Rubbish] Solid Waste
Containers.
(a) Except when the containers are set out for collection,
the [rubbish] solid waste generator shall keep and maintain all
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[rubbish] solid waste containers within the premises where the
[rubbish] solid waste is generated.
(b) The [rubbish] solid waste generator shall not cause or
permit any [rubbish] solid waste container to be filled in any
manner which causes solid waste to overflow from the container.
(c) The [rubbish] solid waste generator shall at all times
keep the [rubbish] solid waste container clean and sanitary, shall
treat the [rubbish] solid waste container in such manner and to
such extent and with such substance as may be necessary to repel
and keep away flies and rodents, and shall keep the [rubbish]
solid waste container odorproof.
(d) The [rubbish] solid waste generator shall not cause or
permit [rubbish] solid waste to be so compacted or otherwise
placed, kept or accumulated in any [rubbish] solid waste container
in a manner which does not allow the contents of the container to
fall out, by their own weight, upon the container being lifted and
turned upside down.
Section -8 Stable Matter Containers.
(a) Any and all stable matter generated within or upon any
premises or place in the County shall be placed without delay in
containers meeting and complying with all specifications and
requirements applicable to garbage containers.
(b) Stable matter may be mixed with garbage in the same
garbage container when it is to be disposed of with and in the
same manner and at the same time as garbage.
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Section -9 Ashes, Stable Matter and Contaminated Matter.
No person shall place or keep hot ashes, hot cinders or any
burning matter in any garbage, [rubbish] solid waste or
recyclables container. No person shall place or keep other ashes
or cinders, stable matter, or solid waste in any garbage container
or [rubbish] solid waste container unless such material is first
wrapped in paper or other material.
Section -10 Hazardous Materials Restrictions.
No person shall store or accumulate any hazardous materials in
any container used for storage or accumulation of garbage,
rubbish, recyclable materials, swill, stable matter or other solid
waste.
Section 11 Contaminated Solid Waste --Pickup and Storage
Restrictions.
Any and all solid waste which the Chief Engineer may find and
declare to be contaminated in that it carries or may carry
communicable germs and/or diseases shall be taken by the collector
thereof, to the place of permanent disposal, on the calendar day
of its collection and no later. The collector of such solid waste
shall not place, retain, store or keep any such solid waste,
either temporarily or otherwise, in any barn, garage or any
building or place other than the regular disposal site, pending
its delivery to and permanent disposal at the disposal site.
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Section 12 Contaminated Refuse --Procedure when Epidemic
Declared.
In the event the Chief Engineer should find and declare the
existence of an epidemic, or should find and declare that an
epidemic is threatened, all solid waste collected by any
collector, which the Chief Engineer should find and declare to be
dangerous to the public health in that it contains or carries or
may contain or carry germs, diseases or disease -bearing agents,
shall be taken by the collector/generator immediately to the
disposal site and be disposed of in such manner as the Chief
Engineer may direct.
Section _-13 Sidewalks And Public Ways --Duty of Owners
Or Occupiers of Property.
(a) Except as authorized by the Chief Engineer, no person
shall sweep or deposit any solid waste in any gutter, street or
other public place within the County.
(b) Persons owning or occupying property shall keep the
sidewalk in front of their premises free of solid waste.
(c) This Section shall not be deemed to make unlawful the
placement of authorized garbage, [rubbish] solid waste or
recyclables containers alongside street curbs for the purpose of
having the contents of such containers collected by a solid waste
collector, if and to the extent such placement of containers is
expressly authorized by other provisions of this Chapter.
Section 14 Weekly Disposal of Solid Waste.
(a) No person shall keep any garbage, or allow any garbage or
[rubbish] solid waste to remain upon any premises within the
County for more than seven days. At least once a week all garbage
and all [rubbish] solid waste generated within or on any premises
in the County shall be removed from the premises and disposed of
in accordance with the provisions of this Chapter.
(b) The requirement of subsection A for weekly removal and
disposal of garbage shall not apply under the following
circumstances:
(1) Where the solid waste collector normally providing
garbage collection at the premises is unable to perform collection
services;
(2) Where severe weather conditions or "Acts of God"
make it impossible for the solid waste collector normally
providing garbage collection at the premises to perform collection
services using normal collection equipment; or
(3) official holidays interrupt the normal seven day
collection cycle, in which case collection may be postponed to the
next working day of the solid waste collector.
(c) The requirement for weekly removal of solid waste shall
not apply to recyclable material which is kept on the premises for
the purpose of collection by an authorized recycling collector.
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Section 15 Requirement For More Frequent Removal Of
Solid Waste.
Where the Chief Engineer determines that it is necessary
because of the propagation of vectors or for the protection of
public health, safety or welfare that solid waste collection is
required more frequently than once per week, the generator of the
solid waste shall cause more frequent collection to be performed,
as required by the Chief Engineer.
Section 16 Dangerous Accumulation Prohibited.
No person shall keep or accumulate, or permit to be kept or
accumulated, any solid waste in or upon any premises or place in
the County -owned, leased or rented by such person or in such
person's possession or control, in such manner that:
(a)
Creates
a fire hazard
dangerous
to persons
or
property;
(b)
Becomes
unreasonably
offensive
or dangerous
to
the public
peace, health or safety;
(c) Promotes the propagation, harborage, or attraction of
vectors; or
(d) Becomes a public or private nuisance.
Section -17 Collection And Transportation Of Solid Waste.
(a) No person shall collect or transport any solid waste
within or upon any public streets in the County except in
leakproof containers or vehicles so constructed that no solid
waste can leak, fall, or be blown from such container or vehicle.
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(b) Vehicles or containers used to collect or transport
garbage, [rubbish] solid waste, cannery waste, stable matter or
swill shall be kept completely covered or screened at all times
except when solid waste is being actually loaded or unloaded and
except when the vehicles are moving along a collection route in
the course of collection.
(c) Collection and transportation of any solid waste shall be
so conducted that no solid waste will spill out of the collecting
or transporting container or vehicle. Any person collecting or
transporting any solid waste shall immediately pick up all solid
waste which spills or is blown from the collecting or transporting
container or vehicle, and shall otherwise clean the place onto
which any such solid waste was spilled or blown.
(d) No person shall transport or permit to be transported
into the County any solid waste of any kind generated or
accumulated outside the County, for the purpose of storing or
disposing of it in the County, and no person shall store or
dispose of any solid waste transported or brought into the County
from outside the County, except as follows:
(1) Solid waste may be transported directly to a solid
waste disposal facility for final deposition at such facility site.
(2) Solid waste may be transported directly to a solid
waste transfer/processing station for the following purposes:
(A) Transfer of the solid waste directly from
smaller to larger vehicles for transport; or
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(B) Temporary storage, separation, or other
processing of the materials in the solid waste.
(3) Recyclable waste materials may be transported
directly to a recycling center for the purpose of recycling.
Section -18 Interference With Collector Prohibited.
No person shall interfere with or obstruct the authorized
activities of a solid waste collector[, authorized] or recycling
collector[, swill collector, or cannery waste collector] in the
collection, transportation or disposal of solid waste.
Section 19 Doing Business Without Authorization
Prohibited --Liability.
No person shall engage in any business or activity for which
any authorization is required by the provisions of this chapter
without first securing such authorization. Any person who engages
in such business or activity without the required authorization
shall nevertheless pay to the County, and be liable to the County
for, the amount of any tax, fee or other charge required to be
paid by other provisions of this Chapter for the privilege of
engaging in such business or activity.
Section -20 Charges Deemed Debt To County --Recovery.
In addition to such other remedies as the County may have to
collect any tax, fee or other charge imposed by this chapter, the
amount of any such charge imposed by this Chapter shall be deemed
a debt to the County recoverable in any court of competent
jurisdiction.
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Article 3. Collection Of Recyclable Materials
Section -21 Ownership Of Recyclable Material.
Except as provided in Sections , upon the
placement of recyclable material in a designated recycling
collection location for collection by an authorized recycling
collector, the recyclable material shall become the property of
the authorized recycling collector.
Section -22 Ownership of Recyclable Yard Wastes.
(a) Upon implementing the County Yard Wastes Collection
Program, [Y] yard wastes which are placed in a designated
recycling collection location for collection [under the County
Yard Wastes Collection Program] shall remain the property of the
yard wastes generator until such yard wastes are collected by the
County or an authorized recycling collector.
(b) Upon the collection of such yard wastes, such yard wastes
shall become the property of the authorized recycling collector or
of the County as set forth in the agreement for collection of yard
wastes entered into by the County and such collector.
Section 23 Ownership of Recyclable Waste Oil.
(a) Upon implementing the County Waste Oil Collection
Program, waste oil which is placed in a designated recycling
collection location shall remain the property of the waste oil
generator until such waste oil is collected by the County or an
authorized recycling collector.
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(b) Upon the collection of such waste oil, such waste oil
shall become the property of the authorized recycling collector or
of the County as set forth in the agreement for collection of
waste oil entered into by the County and such collector.
Section -24 Ownership of Bulky Goods.
(a) [Bulky goods which are placed in a designated recycling
collection location for collection by the County's authorized
residential solid waste collector or by an authorized collector
shall remain the property of the bulky goods generator until such
bulky goods are collection by such authorized collector.] Upon
designation of a County recycling residential solid waste
collector or an authorized collector, bulky goods shall remain the
Property of the bulky goods generator until such bulky goods are
collected by such authorized collector.
(b) Upon the collection of such bulky goods, such bulky goods
shall become the property of the authorized residential solid
waste collector or the authorized recycling collector or of the
County as set forth in the agreement for collection of bulky goods
entered into by the County and such collector.
Section -25 Unauthorized Collection Prohibited.
No person, other than an authorized recycling collector, shall
remove recyclable material which has been placed in a designated
recycling collection location. Any and each such removal in
violation hereof from any designated recycling collection location
shall constitute a separate and distinct offense.
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Section 26 Right Of Individual To Dispose Of Recyclable
Material.
Nothing in this [Part] Article shall limit the right of an
individual person, organization, or other entity to donate, sell
or otherwise dispose of recyclable waste material, provided that
any such disposal is in accordance with the provisions of this
Chapter.
Section 27 Civil Action By Authorized Recyclable
Collector.
Nothing in this [Part] Article shall be deemed to limit the
right of an authorized recyling collector to bring a civil action
against any person who violates Section 25 of this Chapter.
Article 4. Disposal Of Solid Waste
Section 28 Compliance With Requirements.
No person shall dispose of, nor permit the disposal of, any
solid waste of any kind generated or accumulated within or upon
any premises in the County owned, leased or rented by such person
or in such person's possession or control, or within or upon any
other premises in the County, except as authorized by the
provisions of this Chapter.
Section 29 Delivery To Collector.
(a) Except as provided in subsection B of this Section and in
Section 30 of this Article, each kind of solid waste shall be
disposed of by delivery of the same to a collector pursuant to the
provisions of this Chapter, to collect, transport and dispose of
such solid waste. Each kind of solid waste shall be delivered to
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the collector only by placing the solid waste in respective
containers at the place or places where such containers are
required or permitted to be kept by other provisions of this
Chapter.
(b) A solid waste generator may dispose of solid waste other
than by delivery to an authorized collector only under either of
the following circumstances:
(1) A recyclables generator may deliver recyclables to a
recycling center.
(2) A recyclables generator may sell or donate
recyclables to any other person and may deliver such recyclables
to the point of sale or the place of donation. For the purposes
of this provision, "sell or donate" means the recyclables
generator receives payment for the recyclables or gives them away
for free, and no payment is made by the recyclables generator in
connection with the recyclables, including any payment for use of
recyclables containers. Nothing in this provision authorizes a
recyclables generator to collect or transport recyclables
generated by a person other than the recyclables generator.
Section 30 Burning Solid Waste--Limitations--
Specifications.
No person shall [turn] burn any solid waste within the limits
of the County except in accordance with and subject to the
following limitations and conditions:
(a) No person shall burn any garbage, or any [rubbish] solid
waste that originates from any industrial or commercial
establishment or any hospital, clinic, medical or dental office or
-26-
medical laboratory, except in an incinerator approved in writing
by the Fire Chief or the designated inspector of the Fire
Department. The Fire Chief may grant such approval if the Fire
Chief finds that the design and construction of any incinerator
proposed to be used for the above purposes meets the emission
control standards established by the State Department of Health.
No such waste burner or incinerator shall be located closer than
fifteen feet to any structure.
(b) No person shall create or cause to any unreasonable
extent the emission of noxious or offensive odors, dense smoke, or
any private or public nuisance by burning any solid waste.
(c) No person shall burn any solid waste within or upon any
premises except that paper and dry, untreated wood waste may be
used as fuel in fireplaces or stoves which are designed for
burning wood.
(d) Notwithstanding any other provision of this Section, [the
Chief may authorize in writing] any person [to] may burn grass,
stubble, leaves, trees, branches, tree trimmings and clippings,
weeds, vines and bushes, or portions thereof, providing the same
may be kindled without causing any fire hazard or other hazard or
nuisance to any persons or property. However such backyard
burning shall be subiect to the provisions of Section 26-17.1 of
the Hawaii County Code governing bonfires and outdoor fires.
Section 31 Burying Solid Waste Prohibited.
(a) Except as otherwise authorized by provisions of this
Article, no solid waste of any kind shall be buried anywhere in
the County.
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(b) Nothing in this Section shall be deemed to prohibit the
disposal of solid waste at a solid waste disposal facility which
is operated in accordance with this chapter and the regulations
promulgated thereunder.
Section 32 Composting.
Waste organic matter may be composted provided that the
composting:
[(a) Occurs at a solid waste facility operating pursuant to
this chapter;]
[(b)] (a) Is conducted in accordance with accepted composting
practices;
[(c)] (b) Is conducted in accordance with applicable federal,
state and local laws and regulations;
[(d)] (c) Does not generate offensive odors or provide a
source of food or harborage for vermin; [and]
[(e)] (d) Does not create a public or private nuisance[.]; or
Section 33 Filling Of Low Areas --Conditions.
(a) No person shall use solid waste of any kind to fill low
areas in the County unless prior written approval has been granted
to such person by the Chief Engineer.
(b) The Chief Engineer may grant approval to use solid waste
to fill low areas only if the Chief Engineer finds that the
proposed place and manner of disposal will not endanger the public
health. The Chief Engineer's approval shall be subject to such
conditions and restrictions as the Chief Engineer may find
necessary to protect the public health and safety.
M
(c) The Chief Engineer may grant approval to use solid waste
to fill low areas.
(d) Any approval to use solid waste to fill low areas may be
revoked at any time by the Chief Engineer or by the County Council.
Section -34 Solid Waste Used As Fertilizer.
Stable matter, cannery waste or waste organic matter which has
been processed into compost may be used to fertilize land or as a
soil amendment, subject to such regulations as the Chief Engineer
may impose to protect the public health and safety. No other
solid waste may be used for such purpose.
Article 5. Solid Waste Disposal Facilities
Section 35 Disposal Facilities Permit Required.
No person shall operate a solid waste disposal facility in the
County except in accordance with a Solid Waste Facilities Permit.
Section -36 Solid Waste Enforcement Fee.
Each operator of a solid waste facility or any person who
conducts solid waste handling shall pay a fee or charge as set
forth from time to time in the schedule of fees established by
County Council resolution. Such fee or charge shall be based upon
either the weight, volume, or type of solid waste which is
received or handled by any such operator or upon any other
appropriate parameter or any combination of the foregoing,
commensurate with the cost of the solid waste enforcement program.
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Article 6. Residential Solid Waste Regulations
Section 37 Collection Agreement Required.
(a) No person shall engage in the business of collection of
residential solid waste unless such person is authorized to do so
pursuant to a collection agreement then existing between such
person and the County.
(b) The County, in the County's sole discretion, may enter
into one or more agreements for residential solid waste collection
services.
(c) The County Council may, by resolution, establish fees to
be paid by persons engaged in the business of collection of
residential solid waste. Such fees shall be for the privilege of
engaging in such business within the County and shall be due and
payable at such times and in such manner as determined by the
Council.
Section -38 Solid Waste Collection Set -Outs.
No owner of any residential premises and no generator of solid
wastes generated at residential premises shall set out solid
wastes for collection, nor shall any such owner or generator
permit the set out of solid wastes at any residential premises in
such owner's or generator's possession or control, except in
accordance with the provisions of this Article.
Section -39 Placement Of Solid Waste.
(a) No person shall keep any garbage container, nor permit
any garbage container to remain, in the street or upon the public
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parkway except during the period from noon on the day preceding
the scheduled collection day to noon on the day immediately
following collection.
(b) No person shall keep any recyclables container, nor
permit any recyclables container to remain, upon the public
parkway except during the period from noon on the day preceding
the scheduled collection day to noon on the day immediately
following collection.
(c) No person shall place uncontainerized corrugated
cardboard in the public parkway prior to noon on the day preceding
the scheduled collection day.
(d) No person shall place any uncontainerized yard wastes or
bulky goods in the street or upon the public parkway more than
twenty-four hours prior to the scheduled collection day.
Article 7. Commercial Solid Waste Regulations
Section 40 Garbage Collection Authorization Required.
No person shall collect or transport garbage from any
commercial premises unless such person is authorized to do so
pursuant to a collection agreement then existing between such
person and the County.
Section -41 [Rubbish] Solid Waste Collection
Authorization Required.
(a) No person shall engage in the business of collection of
[rubbish] solid waste from commercial premises unless such person
is authorized to do so either:
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(1) As part of the authorization given under Section 40
of this Article; or
(2) Pursuant to a [rubbish] solid waste collection
license granted in accordance with Article 8 of this Chapter.
(b) A person shall be deemed to be engaged in the business of
[rubbish] solid waste collection, whether or not such person
receives compensation for such services, if such person removes
from the premises [rubbish] solid waste.[which has been segregated
from garbage and stored in a container separate from garbage.]
(c) A person shall not be deemed to be engaged in the business of
[rubbish] solid waste collection where the removal of [rubbish]
solid waste is incidental to services provided at the premises by
such person in connection with any of the following:
(1) Landscaping or gardening services.
(2) Demolition of a building or structure on the
premises.
(3) Construction performed pursuant to a permit issued
in accordance with this Code.
(4) Grading performed pursuant to a permit issued in
accordance with Hawaii County Code Chapter 27-19.
Section 42 Recyclables Collection Authorization
Required.
(a) No person shall engage in the business of collection of
recyclables from commercial premises unless such person has a
valid [mixed] recyclables collection [franchise] license granted
pursuant to Article 9 of this Chapter.
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(b) A person shall be deemed to be engaged in the business of
collection of recyclables, whether or not such person receives
compensation for such services, if such person removes from the
premises recyclable materials which have been segregated from
other solid waste and stored in a container separate from other
solid waste.
Section -43 Placement Of Solid Waste Containers.
No garbage container or [rubbish] solid waste container shall
be kept or permitted to remain upon the public parkway except
during the twelve (12) hours immediately preceding the scheduled
time of collection by the solid waste collector and during the
twelve (12) hours immediately following collection. No garbage or
[rubbish] solid waste container shall otherwise be placed, kept or
maintained within or upon any public sidewalk, parkway, curb,
gutter or street.
Section 44 Labeling Of Solid Waste Containers.
Each commercial solid waste container that is provided at any
commercial premises by a solid waste collector shall be labeled by
the solid waste collector with the name and telephone number of
the solid waste collector in letters not less than four inches
high.
Article 8. [Rubbish] Solid Waste Collection Licenses
Section 45 Purpose And Declarations.
(a) It is hereby declared and determined that the business of
collecting and transporting of [rubbish] solid waste generated,
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kept or accumulated in the County, or of disposing of such
[rubbish] solid waste, is in the nature of a public service and
should be regulated by the County. The use of any public street
or public property in connection with such business is of great
concern to the County and should be regulated by the County.
Therefore, it is the purpose of this [Part] Article to provide
such regulation.
[(b) Pursuant to the provisions of Section 20.35 of the Hawaii
County Code, the County hereby elects to have the grant of
licenses governed by this Article, and any ordinances amendatory
thereof, together with the applicable provisions of the Hawaii
County Code, and these provisions shall constitute the exclusive
procedure applicable to the granting of licenses for the conduct
of the business of collecting, transporting or disposing of
rubbish.]
Section _-46 Activities Which Are Unlawful Unless
Authorized.
It is unlawful for any person to engage in the business of
collecting, transporting or disposing of [rubbish] solid waste
kept, accumulated or generated in the County unless:
(a) A license therefor has first been granted pursuant to the
provisions of this [Part] Article and such license is in full
force and effect; and
(b) A written license agreement therefor has been executed
between such person and the County and such agreement is in full
force and effect.
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JcJ The license is prominently displayed within the solid
waste carrying vehicle.
Section
47 License --Finance
Director Authority
To Grant.
The Finance
Director may and is
hereby empowered to
grant to
any person, whether operating under an existing license or not, a
nonexclusive license to engage in the business of collecting,
transporting or disposing of [rubbish] solid waste kept,
accumulated or generated in the County.
Section -48 License --Terms And Conditions.
(a) All licenses granted to persons pursuant to this [Part]
Article shall be nonexclusive. No provisions of this [Part]
Article shall be deemed to require restricting the number of
licenses to one or any particular number, and no provision of this
[Part] Article shall be deemed to require the Finance Director to
grant any license or licenses if the Finance Director finds or
determines that the grant of any such license or licenses is not
for the public good.
(b) All licenses shall be subject to the terms and conditions
specified in this [Part] Article, and to the terms and conditions
specified in the license agreement.
(c) In granting any license, the Finance Director may
prescribe such other and additional terms and conditions, not in
conflict with the County Code or this [Part] Article.
Section 49 Application For License.
(a) All applications for licenses pursuant to this [Part]
Article shall be in writing and shall be filed with the Finance
Director.
-35-
(b) Each application for a license shall be on a form
provided by the Finance Director and shall contain the following
information:
(1) The name and address of the applicant. If the
applicant is a partnership, the name and address of each partner
shall be set forth in the application. If the applicant is a
corporation, the application shall state the names and addresses
of the corporation's directors, main offices major stockholders
and associates, and the names and addresses of the parent and
subsidiary companies.
(2) The names of the executive, operational and
financial managers to be used in connection with the [rubbish]
solid waste collection services, together with documentation that
such persons and the applicant have sufficient experience in solid
waste handling to perform [rubbish] solid waste collection
services in the County.
(3) A list of all vehicles, including license plate
vehicle Identification Numbers, to be used in connection with the
license for which the application is filed.
(4) Proof satisfactory to the director that the
applicant has adequate financial resources to conduct the
[rubbish] solid waste collection services.
(5) Such additional information as may be reasonably
requested by the Finance Director.
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(c) The application shall be signed by the person applying
for the [rubbish] solid waste collection license or, in the case
of a partnership or corporation, by a person authorized to bind
the partnership or corporation.
Section -50 Requirements For License Effectiveness.
No license granted pursuant to this [Part] Article shall
become effective unless and until all of the following
requirements have been satisfied:
(a) The applicant and the County have executed a license
agreement.
(b) The applicant has paid the [rubbish] solid waste
collection license application fee as set forth in the Schedule of
Fees established by resolution of the County Council.
(c) Within thirty days from the date the license has been
granted by the Finance Director, or within such extended period of
time as the Finance Director in its discretion may authorize, the
applicant to whom a license has been granted has filed with the
Finance Director the following documents:
(1) A faithful performance bond, if such is required by
the license agreement;
(2) Evidence of compliance with the insurance
requirements specified in the license agreement.
-37-
Section -51 Term Of License.
Subject to the provisions of Section -52 of this Article,
the term of any license granted under the provisions of this
[Part] Article shall be for such term as specified by the Finance
Director in its discretion and set forth in the license agreement.
Section -52 Termination Of License.
(a) The Finance Director shall have the right to terminate
any license granted pursuant to this [Part] Article.
(1) The grantee has failed to comply with, or to do
anything required of the grantee by, applicable provisions of the
County Code, provisions of this Chapter , provisions of the
ordinance granting the license, or provisions of the license
agreement; or
(2) Any provision of this [Part] Article becomes or is
declared to be invalid and the Council expressly finds that such
provision constitutes a material consideration to the grant or
continuation of such license.
(b) Any license granted pursuant to this [Part] Article shall
automatically be suspended whenever the grantee:
(1) Fails to keep in full force and effect the bonds and
insurance required by the license agreement; or
(2) Fails to keep in full force and effect any
applicable licenses or permits required by federal, state or local
law.
Qci:E
Section 53 License Transfer Or Assignment.
Any license granted pursuant to this [Part] Article is a
privilege to be held in trust by the original grantee. No such
license shall be sold, leased, transferred, assigned, or otherwise
disposed of, either in whole or in part, whether by forced sale,
merger, consolidation, bankruptcy, reorganization under bankruptcy
laws or otherwise, without the prior consent of the Finance
Director. Any such consent of the Finance Director shall be
subject to such terms and conditions as may be prescribed by the
Council.
Section -54 License Fees.
(a) Each person engaging in the business of collecting,
transporting or disposing of [rubbish] solid waste kept,
accumulated or generated in the County shall pay a license fee to
the County. The license fee shall be in an amount as set forth in
a resolution adopted by the County Council.
(b) License fees shall be payable on a monthly basis, and
shall be due and payable within sixty days from and after the end
of each calendar month. Each payment shall be calculated in
accordance with the provisions of the resolution adopted by the
County Council pursuant to subsection A above.
(c) The required license fee shall be paid to the County's
Finance Director. Each payment shall be accompanied by a written
statement, verified by the person making the payment, or a duly
authorized representative of the person, showing the calculation
-39-
of the license fee payable in such form and detail as the Finance
Director may require and such other information as the Finance
Director may determine is material to a determination of the
amount due.
(d) No statement filed under this Section shall be conclusive
as to the matters set forth in such statement, nor shall the
filing of such statement preclude the County from collecting by
appropriate action the sum that is actually due and payable.
(e) The payment of license fees to the County pursuant to
this [Part] Article shall be in addition to any other fees or
business tax prescribed by the County for the same period.
Article 9. [Mixed] Recyclables Collection License
Section 55 Purpose And Declarations.
(a) It is hereby declared and determined that the business of
collecting and transporting [mixed] recyclables generated, kept or
accumulated in the County is in the nature of a public service and
should be regulated by the County. The use of any public street
or public property in connection with such business is of great
concern to the County and should be regulated by the County.
Therefore, it is the purpose of this [Part] Article to provide
such regulation.
[(b) Pursuant to the provisions of Section 57 of the Hawaii
County Code, the County hereby elects to have the grant of
licenses governed by this Article, and any ordinances amendatory
thereof, together with the applicable provisions of the County
-40-
Code, and these provisions shall constitute the exclusive
procedure applicable to the granting of licenses for the conduct
of the business of collecting, transporting or disposing of mixed
recyclables.]
Section _-56 Activities Which Are Unlawful Unless
Authorized.
It is unlawful for any person to engage in the business of
collecting or transporting [mixed] recyclables kept, accumulated
or generated at commercial premises in the County unless:
(a) A license therefor has first been granted pursuant to the
provisions of this [Part] Article and such license is in full
force and effect; and
(b) A written license agreement therefor has been executed
between such person and the County and such agreement is in full
force and effect.
(c) License is prominently displayed within the recyclable
carrying vehicle.
Section -57 License --Finance Director Authority To Grant.
The Finance Director is hereby empowered to grant to any
person, whether operating under an existing license or not, a
nonexclusive license to engage in the business of collecting
and/or transporting [mixed] recyclables kept, accumulated or
generated at commercial premises in the County.
-41-
Section -58 License - Terms And Conditions.
(a) All licenses granted to persons pursuant to this [Part]
Article shall be nonexclusive. No provisions of this [Part]
Article shall be deemed to require restricting the number of
licenses to one or any particular number, and no provision of this
[Part] Article shall be deemed to require the Finance Director to
grant any license or licenses if the Finance Director finds or
determines that the grant of any such license or licenses is not
for the public good.
(b) All licenses shall be subject to the terms and conditions
specified in the Hawaii County Code, to the terms and conditions
specified in this [Part] Article, and to the terms and conditions
specified in the license agreement.
(c) In granting any license, the Finance Director may
prescribe such other and additional terms and conditions, not in
conflict with the County Charter or this [Part] Article, as in the
judgment of the County Council are in the public interest.
Section 59 Application For License.
(a) All applications for licenses pursuant to this [Part]
Article shall be in writing and shall be filed with the Finance
Director.
(b) Each application for a license shall be on a form
provided by the Finance Director and shall contain the following
information:
-42-
(1) The name and address of the applicant. If the
applicant is a partnership, the name and address of each partner
shall be set forth in the application. If the applicant is a
corporation, the application shall state the names and addresses
of the corporation's directors, main offices, major stockholders
and associates, and the names and addresses of the parent and
subsidiary companies.
(2) The names of the executive, operational and
financial managers to be used in connection with the [rubbish]
solid waste collection services, together with documentation that
such persons and the applicant have sufficient experience in solid
waste handling to perform [mixed] recyclables collection services
in the County.
(3) A list of all vehicles, including license plate
numbers and Vehicle Identification Numbers, to be used in
connection with the license for which the application is filed.
(4) Proof satisfactory to the Finance Director that the
applicant has adequate financial resources to conduct the [mixed]
recyclables collection services.
(5) Such additional information as may be reasonably
requested by the Finance Director.
(c) The application shall be signed by the person applying
for the [mixed] recyclables collection license or, in the case of
a partnership or corporation, by a person authorized to bind the
partnership or corporation.
-43-
Section 60 Requirements For License Effectiveness.
No license granted pursuant to this [Part] Article shall
become effective unless and until all of the following
requirements have been satisfied:
(a) The Hawaii County Code, Section -57 of this Article
granting the license is effective.
(b) The applicant and the County have executed a license
agreement.
(c) The applicant has paid the mixed recyclables collection
license application fee as set forth in the Schedule of Fees
established by resolution of the Finance Director.
(d) Within thirty days from the date of the granting of the
license, or within such extended period of time as the Finance
Director in its discretion may authorize, the applicant to whom a
license has been granted has filed with the Finance Director the
following documents:
(1) A faithful performance bond, if such is required by
the license agreement;
(2) Evidence of compliance with the insurance
requirements specified in the license agreement.
Section -61 Term of License.
Subject to the provisions of Section -52 of this Article,
the term of any license granted under the provisions of this
Article shall be for such term as specified by the Finance
Director in its discretion and set forth in the license agreement.
cum
Section -62 Termination of License.
(a) The Finance Director shall have the right to terminate
any license granted pursuant to this [Part] Article;
(1) The grantee has failed to comply with, or to do
anything required of the grantee by, applicable provisions of the
Hawaii County Code, provisions of this , provisions of
the ordinance granting the license, or provisions of the license
agreement; or
(2) Any provision of this [Part] Article becomes or is
declared to be invalid and the Council expressly finds that such
provision constitutes a material consideration to the grant or
continuation of such license.
(b) Any license granted pursuant to this [Part] Article shall
automatically be suspended whenever the grantee:
(1) Fails to keep in full force and effect the bonds and
insurance required by the license agreement; or
(2) Fails to keep in full force and effect any
applicable licenses or permits required by federal, state or local
law.
Section -63 License Transfer Or Assignment.
Any license granted pursuant to this (Part] Article is a
privilege to be held in trust by the original grantee. No such
license shall be sold, leased, transferred, assigned, or otherwise
disposed of, either in whole or in part, whether by forced sale,
merger, consolidation, bankruptcy, reorganization under bankruptcy
-45-
laws or otherwise, without the prior consent of the Finance
Director. Any such consent of the Finance Director shall be
subject to such terms and conditions as may be prescribed by the
Council.
Article 10. Swill Regulations
Section 64 Swill --Daily Disposal Required.
No more than one day's accumulation of swill shall be kept or
be permitted to remain upon any premises in the County. At least
once each day all swill generated or accumulated within any
premises in the County shall be disposed of in accordance with the
provisions of of this Chapter.
Section 65 Swill Containers Required.
Any and all swill generated within or upon any premises or
place in the County shall be placed without delay in separate
swill containers kept and maintained on the premises where the
swill is generated, and shall be stored in such containers until
disposed of in accordance with the provisions of this Chapter.
Such swill containers shall meet all specifications and
requirements applicable to garbage containers.
Section -66 Location Of Swill Containers.
(a) The swill generator shall keep and maintain all swill
containers on the premises where the swill is generated, at a
place reasonably accessible and convenient for collection of its
contents.
(b) No swill container shall be placed on any public
sidewalk, parkway, curb or gutter.
CL M.
Section -67 Swill Containers --Use and Maintenance.
(a) Except when swill is being placed into or removed from
the container, the swill producer shall keep all swill containers
sealed with a tight -fitting cover so as to prevent the escape or
leakage of any swill, or of any offensive vapors, gases or odors
from the container.
(b) Nothing but swill shall be placed into or kept in a swill
container.
(c) The swill generator shall not cause or permit any swill
container to be filled in any manner which causes matter to
overflow from the container.
(d) The swill generator shall keep all swill containers clean
and sanitary, and shall spray or otherwise treat the containers in
such manner and to such extent and with such substance as may be
necessary to repel and keep away flies and rodents and keep the
containers odorproof.
Section -68 Places Of Collection.
No swill shall be collected except from authorized swill
containers, at the places where such containers are required to be
kept and located by other provisions of this Chapter.
Section 69 Disposal Of Swill.
(a) No swill collector shall collect, transport or dispose of
any swill generated in the County unless and until such collector
shall have first procured from the Chief Engineer written approval
-47-
of the manner of collection and transportation, and also of the
manner and place of disposal where such place of disposal is
within the County.
(b) The Chief Engineer shall give such approval, subject to
such conditions and restrictions as the Chief Engineer may find
necessary to protect the public health and safety, only if the
Chief Engineer finds that the proposed manner of collection and
transportation and manner and place of disposal will not endanger
the public health and safety.
(c) The approval given pursuant to this Section may be made a
condition of the swill collector's permit.
(d) The approval given pursuant to this Section may be
revoked at any time by the Chief Engineer or the County Council.
Article 11. Enforcement
Section —70 Enforcement Authority.
The Chief Engineer and the Department of Health shall have the
authority to enforce the provisions of this Chapter. This
authority shall be in addition to the authority granted to police
officers.
Section 71 Rules And Regulations.
The Chief Engineer shall have the power to establish rules and
regulations consistent with the provisions of this Chapter, such
rules and regulations to have as their purpose the enforcement of
the provisions of this Chapter and the health and sanitary laws
and ordinances of the County. Such rules and regulations shall
have the effect of law.
Section 72 Emergencies.
During any period of time for which the President of the
United State, the Governor of the State of Hawaii or the Mayor of
the County of Hawaii has declared a state of emergency exists in
the County of Hawaii or any part thereof, the Chief Engineer in
consultation with the Department of Health may suspend any solid
waste handling requirements of this Chapter and may promulgate
such alternative solid waste handling requirements as the Chief
Engineer deems necessary for the protection and preservation of
the health, safety and general welfare of the people of the County
of Hawaii."
SECTION [4] 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 [5] 4. This ordinance shall take effect in 60 days
after the approval of the Mayor.
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
COUNCIL MEMBERS, COUNTY OF HAWAII
-49-
January 16, 2004
MEMORANDUM
TO: James Y. Arakaki, Chair, Hawaii County Council
FROM: Wally Iida, Legislative Assistant r� 1
1 1
RE: Request To Withdraw From Consideration: Bill 192 and Bill 192, (Draft 2)
Spoke to Connie and she said it would be okay to dispose of these two bills byWithdrawing
them from consideration. This would save time and eliminate having to make 1, sets of
copies of the two bills.
Mahalo.
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
DRAFT 2
Introduced By: Unsigned
Date Introduced: n/ a
First Reading: n/ a
Published: n/a
REMARKS: January 16, 2004 -Withdrawn
via Comm. 465
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
ROLL CALL VOTE
OTE
AYES
N04S
ABS
EX
Arakaki
Chung
Elarionoff
Holschuh
Jacobson
Leithead-Todd
Reynolds
Safarik
Tyler
ROLL CALL
OTE
AYES
NOES
ABS
EX
Arakaki
Chung
Elarionoff
Holschuh
Jacobson
Leithead-Todd
Reynolds
Safarik
Tyler
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council pu lished as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
COUNCIL CHAIRMAN
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
COUNTY CLERK
Date
192,,Draft 2 (1992-
1994)
Approved/Disapproved this day Bill No.:
C-807.01
Reference:
of , 20
Ord No.:
MAYOR, COUNTY OF HA WA II