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Home My WebLink AboutORD 1988-160 1988-1992COUNTY OF HAWAII ~ ~ STATE OF HAWAII BiII No. 4z~ (Draft 3) ORDINANCE NO ~8 i~0 AN ORDINANCE AMENDING CHAPTER 20, HAWAII COUNTY CODE 1983, RELATING TO REFUSE DISPOSAL. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 20, article 3, section 20-31, Hawaii County Code 1983, is amended to read as follows: "Article 3. Refuse Disposal. Section 20-31. Definitions. (a) As used in this article: (1) 'Garbage' means any organic waste that is not fit for animal consumption. (2) 'Refuse' means any discarded or disposable matter, including garbage, rubbish, and swill. (3) 'Rubbish' means solid waste or rejected material including paper and cardboard cartons, straw, excelsior, rags, clothes, shoes, bottles, tin cans, china, glass, metalware, leaves, grass, tree branches, [tree stumps] and any other material of similar character but not including material such as tree stumps, lumber or iron pipes exceeding five feet in length, concrete blocks and tiles, cement, acids, ice boxes, refrigerators, ranges, radios, television sets, phonographs, bedsteads, bed springs, tables, sofas, chairs, and other furniture, water heaters, water tanks, sinks, and other similar material or equipment of a weighty or bulky nature. LA/TW (4) •'Swill' means any food waste which is fit for animal consumption. 5) 'Household rubbish' means all rubbish, includin any material not exceeding four (4) feet in length at its longest dimension, which is normally generated by a family's activities at their place of residence. (6) 'Transfer station' means a facility designed to collect household rubbish from the surrounding community and to transport this refuse to a suitable disposal facility." SECTION 2. Chapter 20, article 3, section 20-35, Hawaii County Code 1983, is amended to read as follows: "Section 20-35. License required for refuse removal business. No person shall engage in any business involving the collection and removal of any refuse from any premises within the County, or any business which, as an incident to its normal operations, generates and disposes of refuse at a County facility without having first secured a bay gage and freight license from the director of finance [so to do.] to do so. This license shall be prominently displayed within the refuse-carrying vehicle." SECTION 3. Chapter 20, article 3, section 20-36, Hawaii County Code 1983, is amended to read as follows: "Section 20-36. Refuse removal [vehicles.] business; restrictions. (a) Any vehicle used for the collection and removal of refuse shall be kept in a clean, inoffensive, and sanitary condition. -2- (b) (Any] All refuse shall be handled and hauled in such a manner so as to prevent the scattering, spilling, or leaking of the refuse. (c) Certain transfer stations will be designated and determined to be incompatible for use by businesses or commercial activities. Use of these designated transfer stations by business or commercial activities shall be prohibited after July 1, 1989, except as authorized by written permit with conditions set forth by the Chief En4ineer. Violation of these restrictions will be subject penalties of this article as well as revocation of the businesses' baggage and freight license." SECTION 4. Chapter 20, article 3, section 20-37, Hawaii County Code 1983, is amended to read as follows: "Section 20-37. Disposal of dead animals[.] and other organic wastes. (a) The disposal of dead cattle, horses, mules, goats, dogs, cats and similar animals is the responsibility of the owner. If no owner can be identified, the disposal of the dead animal is the responsibility of the landowner or land occupant or both u on whose land the dead animal is found. Any dead animal shall be properly buried, burned, or disposed of in accordance with applicable rules, regulations, and standards of the State department of health within a reasonable time after death, or before the dead animal becomes a nuisance. -3- (b) Any small animal, [including] such as dogs and cats, shall be accepted for disposal at the South Hilo or Kona landfill area only[; provided that the animal is delivered from seven A. M. to two P. M. on any weekday when the animal can be buried promptly as a part of the regular operation.] in accordance with applicable isions of this article. SECTION 5. Chapter 20, article 3, section 20-40, Hawaii County Code 1983, is amended to read as follows: "Section 20-40. Explosives, radioactive wastes and other prohibited materials. (a) No person shall dump, place, or remove to any County [dumping ground any] disposal facility, including transfer stations, any prohibited materials as defined by the State department of health rules, regulations and standards, includin any radioactive or chemical waste, any pesticides, explosives, blasting materials, fuses, live ammunition, or other substances [or material] that may explode upon contact with heat or fire. (b) Prohibited wastes which have been rendered nonhazardous chemical neutralization or stabilization in accordance with applicable rules, regulations and standards of the State department of health may be delivered directly to a landfill for disposal." SECTION 6. Chapter 20, article 3, section 20-43, Hawaii County Code 1983, is amended to read as follows: "Section 20-43. Acceptance of refuse for disposal; restrictions. -4- (a) [Any acceptable rubbish, refuse, household appliance or unburnable, in the County transported to the County dump area by any person shall be accepted by the department for disposal.] Acceptance at landfills or other similar disposal areas. (1) Any person having any non-prohibited rubbish, unburnable material, or refuse, excluding garbage, in the County, which is not acceptable at a transfer station, is authorized by the department to enter into and properly deposit such material into the designated area of the landfill on any day during the normal working hours of the landfill. All permitted materials, when properly deposited, shall be accepted by the department. (2) Any person having any large or bulky material, such as a car, water heater or properly altered stove or refrigerator which does not contain any garbage, refuse, swill or any other rubbish at the time of disposal, is authorized by the department to enter into and properly deposit such material into the designated area of the landfill on any weekday during the normal working hours of the landfill. All permitted materials, when properly deposited, shall be accepted by the department. (3) Any person having any small dead animal, such as a dog or cat, as well as garbage, is authorized by the department to enter into and properly deposit such material into the designated area of the landfill from 7:00 a.m. to 3:00 p.m. Permitted small dead animals and garbage, when properly deposited, shall be accepted by the department. -5- (4) Any unauthorized person entering into the landfill during nonworking hours or for purposes other than that permitted in this section shall be considered to be a trespasser, and shall be subject to the penalties of this article. (b) [Any large or bulky material such as an auto car body, stove, water heater or refrigerator shall be placed only at a designated area and only on a weekday.] Acceptance at transfer stations. (1) All acceptable household refuse, including shrubbery and yard trimmings not exceeding four feet in length, deposited into the transfer station solid waste containe accepted by the County for disposal on any day during the normal working hours of the stat 2) Prohibited materials shall include all commercial hauled rubbish, garbage, swill or refuse unless otherwise approved by the chief engineer, prohibited materials as defined by the State department of health, construction or demolition wastes, abandoned vehicles, dead animals, animal parts and other similar organic wastes. (c) [An unusual quantity of] Except as permitted by the chief engineer, no material resulting from construction, land clearing, [or] wrecking of any building or structure, or [that may result from] wastes generated by manufacturing, industrial, or agricultural processes such as meat, fish, poultry, vegetable, or fruit processing shall [not] be acceptable for disposal in any County [dump area] disposal facili -6- (d) Improper depositing of any material in any County landfill or transfer station is considered to be littering, and violators will be subject to the penalties of this article. SECTION 7. 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 8. 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 9. This ordinance shall take effect upon its approval. Hilo, Hawaii Date,of Introduction: October 19, 1988 Date of 1st Reading: October 19, 1988 Date of 2nd Reading: November 2, 1988 Effective Date: November 7, 1988 -7-