HomeMy WebLinkAboutORD 1981-665 1980-1984Bill No. 6~9
(Arr~ended
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE NO ..
AN ORDINANCE Ar1ENDING CHAPTER 3 OF THE HAGVAII COUNTY CODE,
AS AMENDED, BY ADDING A NEW ARTICLE RELATING TO NUCLEAR
ENERGY.
BE IT ORDAIb1ED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 3 of the Hawaii County Code, as
amended, is hereby further amended by the addition of
Article 14, which is as follows:
"ARTICLE 14
NUCLEAR ENERGY
SEC. 1. The purpose of this ordinance is to
maintain a clean and healthy environment for present
and future generations in the County of Hawaii, to
protect the health and safety of the residents of
the County of Hawaii from, radiation exposure resulting
from dangers of accidents involving the transportation
or storage of nuclear materials or the development of
nuclear reactors, and to protect the general health,
safety, comfort and welfare of the citizens of the
County of Hawaii.
SEC. 2. Definitions.
'Person' means any individual, firm, partnership,
association, corporation, company, governmental entity
or department thereof, or organization of any kind.
'Store' means to hold for any period of time.
'Transport' means the transportation by any mode,
including but not limited to rail, highway, waterway
or air.
Fox the purposes of this ordinance, the term
'radioactive material or substance' means any material
or combination of materials which spontaneously emits
ionizing radiation and includes, but is not limited to
accelerator°produced isotopes and by-product materials.
The term radioactive material or substance shall
include:
1. All materials which enter into or are
produced as part of the nuclear fuel cycle,
including milled uranium ore, fissile material,
and all fission by^products.
2. Any quantity of radioactive material
specified as a 'large quantity' by the Nuclear
Regulatory Commission in 10 CFR, Part 71.
3. Any quantity of radioactive waste,
including non-radioactive material contaminated
with radioactive material, which has been
produced as part of the nuclear fuel cycle.
For the purposes of this ordinance, the term
'radioactive material or substance' shall not include
1. Radiation sources or materials employed
in therapeutic radiology, in biomedical research,
or in educational endeavors, or medical devices
designed for individual application (as for example
cardiac pacemakers or commercial devices [for treat-
went of products], processes, or facilities, as approved
by the (Departments of Health and Agriculture.]
a~pro~riate re~ulator~ and licensing agencies.
- 2 -
SEC. 3. It shall be unlawful for any person
to transport radioactive material within or through
the County of Hawaii.
SEC. 4. It shall be unlawful for any person to store
radioactive material within the County of Hawaii.
SEC. 5. It shall be unlawful for any person to
locate or build a nuclear energy facility which utilizes
nuclear material f_or the production of energy within the
County of Hawaii.
SEC. 6. Penalty.
Any person violating any provision of this ordinance
shall be guilty of a [felony]
be fined not [less] more than
($10,000)] One Thousand Dolla
for not [less] more than [ten
or both, for each violation."
SECTION 2. In the event that
misdemeanor and shall
[Ten Thousand Dollars
rs ($1,000) or imprisoned
(10) years] one (1) year,
any portion of this
ordinance is declared invalid, such invalidity shall not
affect the other parts of this ordinance.
SECTION 3. 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 4. This ordinance shall take effect upon
its approval.
Date of Introduction:
Date of Adoption:
Effective Date:
J
February 4, 19 81
3Feb ruary 10 , 19 81
Hilo, Hawaii
Date: January 20 . 19 81
FIRST READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo X
Fuj ii X
Hale
X
Kawahara X
Lai X
Schutte X
Chr. Yamashiro
X
9 0 0
Hilo, Hawaii
Date: February 4 . 19 81
SECOND & FINAL READING
AYES NUES A/E
Dah lbe rg X
De Luz
X
Domingo
X
Fuj ii X
Hale
X
Kawahara X
Lai X
Schutte X
Chr. Yamashiro X
Publication Date: JAN ~ ~ 1981 publication Date: FHB 15 191
We do hereby certify that the foregoing BILL was adopted by the
County Council and published as indicated above_
~, ..• _
. °.: ~ •~
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I Uc.1c ---•-------• -------------------
T~
Approved/•~~ _ ~' this Qday of
19 .
~_ ,d, I
Bill No. 689 (Amended)
Reference: PC-9
ayor; Co ty of Hawaii\,
M.B. No.
Ord. No. '"