HomeMy WebLinkAboutORD 1994-087 1992-1994COUNTY OF HAWAII ''.STATE OF HAWAII
BILL NO. 238
ORDINANCE NO. 94 87
AN ORDINANCE AMENDING CHAPTER 20, HAWAII COUNTY CODE 1983,
RELATING TO REFUSE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The Purposes of this act are to:
(1) Establish a strong foundation for source reduction,
(Draft 5)
recycling, composting and other similar services by creating a
financially driven demand for their use;
(2) Encourage new business opportunities in source reduction,
recycling, composting and other similar services by creating a
favorable economic environment for their development;
(3) Minimize the need for County funding of such alternate
refuse handling services by creating a favorable economic environment
for business participation;
(4) Establish a special source of revenue-to assure compliance
with new environmental regulations; to minimize dependence on general
fund revenues; to fund new solid waste programs such as used oil
recycling and household hazardous waste collection; to better
accommodate increased future demands created by population growth; to
improve levels of service; to meet unanticipated refuse loads; to
improve solid waste facility maintenance; and to expand internal
services to minimize service dependency on other agencies of the
County;
(5) Create a special fund for user fees and revenues generated
by recycling to insure the internal use of such funds; and
(6) improve the County's ability to achieve economic
self-sufficiency in managing present and future solid waste programs.
SECTION 2. Chapter 20, article 3, section 20-31, Hawaii County
Code 1983, is amended by adding new definitions to be appropriately
numbered and to read as follows:
(_) "Business" means a sole proprietorship. partnership,
firm or corporation.
(_) "Department" means the Department of Public Works.
(~ "Engineer" means the chief engineer of the department of
public works.
(_) "Prohibited Materials" include but, not limited to,
paint thinner or solvents• oil base paint waste• automotive waste
oil antifreeze or lead acid batteries• pesticides, herbicides or
rodent and insect control chemicals• household cleaner, polish or
wax• contaminated soil• medical waste• propane, oxygen or acetylene
tanks• diesel gasoline or alcohol• and liquids or sludges in
containers five (5) gallons or larger including liquid cooking oil
or grease unless mixed with a bulking agent so that it is solidified
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and hazardous wastes as defined in 40 CFR Parts 257, 258 and 261 and
listed in Section 20- Exhibit "A".
SECTION 3. Chapter 20, article 3, section 20-35, Hawaii County
Code 1983, is repealed.
SECTION 4. Chapter 20, article 3, Hawaii County Code 1983, is
amended by adding a new section 20-35 to read as follows:
"Section 20-35. Permit required for refuse disposal.
(a) No business, federal or state agency, religious entity or
nonprofit organization shall dispose of refuse at any county solid
waste facility without first obtaining a disposal permit issued by
the engineer and making payment of the permit fee as required herein.
[b) An application for a disposal permit shall be submitted to
the Chief Engineer on a form furnished by the department which
requires the following information:
(1) Name address and telephone number of the business,
federal or state agency religious entity or nonprofit organization;
(2) Make model tare weight, carrying capacity in cubic
~•ards and license number of the vehicle(s) which would be used to
dispose refuse.
(3) Approximate volume and frequency of refuse to be disposed.
(4) Other information as deemed necessary by the engineer.
(c) The disposal permit shall be effective for a period of one
near from the date of issuance.
(d) The engineer may suspend or revoke a disposal permit for
the following reasons:
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(1) Failure to pay any disposal charges or special handling
fees when due.
(2) Failure to comply with the provisions of this chapter.
(3) Failure to comply with disposal procedures and/or
conditions established by the department.
(e) The suspension or revocation procedure shall be as follows:
(1) Upon determination that sufficient reasons exists to
revoke or suspend a disposal permit, the engineer shall inform the
hermit holder by registered mail of his decision to suspend or revoke
said permit;
(2) The letter shall also inform the permit holder of the
effective date of the suspension or revocation and the specific
reason for suspension or revocation of the disposal permit:
(3) The permit holder shall be given a period of ten (10)
working days to cure the complaint. The end of the ten day period
the County shall notify the permit holder in writing either that the
rmm~lalnt has been remedied or that the permit is still to be revoked
or suspended If the permit is still to be revoked or suspended said
letter shall describe the process by which the permit holder may
request a hearing before the Engineer;
(4) If the permit holder requests a hearing before the
engineer one shall be scheduled within two working days of the
request The decision of the Engineer or a designated representative
shall stand unless after a hearing the original decision is shown to
be clearly erroneous;
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(5) A request for a hearing shall not act to stay the
engineer's decision to revoke or suspend.
(f) The application permit fee shall be twenty-five dollars."
SECTION 5. Chapter 20, article 3, section 20-43, (b) Acceptance
at Transfer Stations, Hawaii County Code 1983, is amended to read as
follows:
"(b) 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 container shall be accepted by the
County for disposal on any day during the normal working hours of the
station. No item shall exceed four feet in any dimension or weigh
more than fifty pounds.
(2) Prohibited materials shall include all commercially hauled
rubbish, garbage, swill or refuse [unless otherwise approved by the
chief engineer], prohibited materials as defined by the State
department of health and partially listed herein, refuse generated by
a business federal or state agency religious entity or nonprofit
organization, construction or demolition wastes, abandoned vehicles,
dead animals, animal carcasses (animal parts] and other similar
organic wastes."
SECTION 6. Chapter 20, Hawaii County Code 1983, is amended by
adding a new Article 4 to read as follows:
"Article 4. Solid Waste Fees
Section 20- Disposal fees.
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(a) Anv refuse, except for prohibited materials, delivered by a
business, federal or state agency, religious entity, nonprofit
organization or private citizen to the working face of a County
landfill shall be charged by the ton or fraction thereof at rates as
set forth herein.
In the event of a breakdown or where weighing equipment is
unavailable, charges shall be based on volume rates as set forth
herein.
Sb) In addition to the per ton charge or volume charge, items
which cannot be disposed in the working face of the landfill in
accordance with usual disposal practices or which require special
handling and/or arrangements by landfill personnel shall be assessed
a special handling charge at rates as set forth herein. Such items
shall include but may not be limited to asbestos, cars, stoves,
refrigerators washers dryers water heaters, sofas, mattresses,
bedsprings wire springs cable concrete with rebar, tree stumps,
tires confidential document destruction or other disposal requiring
a witness and dead animal carcasses. Whole tires will not be
accented at any County landfill. All wire or cable must be cut to
four (4) foot lengths prior to disposal at any county landfill.
(c) Administrative rules may provide partial credit to
commercial haulers for residential waste.
Section 20- Collection of Fees.
[a) All charges shall be collected by the solid waste division
of the department Billinos shall be made monthly and payments shall
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be made within thirty days after billing. A ten percent late fee
shall be imposed on all billings which are sixty or more days
overdue. In addition to this no further use of any County solid
waste facilities will be permitted until full payment is made.
Section 20- Solid Waste Fund Designation.
(a) There is hereby created and established a special fund to
be known as the "Solid Waste Fund."
b) All funds received from the collection of fees authorized
by this chapter shall be deposited with the director of finance and
shall be accounted for and be known as the "Solid Waste Fund" and
shall be expended for the purpose of operating maintaining and
administering the County's solid waste management, collection and
disposal systems.
Section 20- Fee Schedule.
(a) Charge rates shall be established as follows:
(1) Landfill Disposal
Rate by weight• $35 00 per ton or fraction thereof.
Rate by vehicle size and volume:
TYPE I: Light trucks or other vehicles with
a gross vehicle weight of less than 10,000
pounds with no more than 3 cubic yards of
refuse: $ 24 per truck.
TYPE II: Medium trucks or other vehicles
with a gross vehicle weight from 10,000
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pounds to 19,999 Hounds with no more than 6
cubic yards of refuse: $ 48 Her truck.
TYPE III: Large trucks or other vehicles
with a cross vehicle weight from 20,000
pounds to 25,999 pounds with no more than 9
cubic yards of refuse: $ 72 per truck.
TYPE IV: All other trucks or vehicles with
a gross vehicle weight of 26,000 pounds
including commercial refuse hauling trucks
or all other vehicles not qualifying as a
Type I, II or III•
1. Compacted - $12.00 per cubic yard.
2. Not Compacted - $ 8.00 per cubic yard.
(2) Special Handling: $35 per truck load or fraction
thereof."
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 approval,
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and the tipping fee schedule shall not be imposed prior to
December 1. 1994.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: May 11, 1994
Date of 1st Reading: June 1, 1994
Date of 2nd Reading: August 10, 1994
Effec tive Date: August 31, 1994
A~~~~3cD as to
FORC^il anti t~~,AZ971(
ORATION COUNSEL
JNTY Of HAWAII
Date
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OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo ,Hawaii
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IntmducedBy: Robert Rosehill
Date Introduced: Mav 11, 1994
First Reading. June 1, 1994
Published: June 6, 1994
REMAi2KS:
May 11, 1994 - Referred to HSPWC
Second Reading: August 10, 1994
To Mayor: _puciust 22, 1994
Returned: August 31. 1994
Effective: August 31. 1994
Published: Sentember 7. 1994
REMARKS:
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAHI
Boxx-ABRnMSON
CHILDS
DE LIMA X
DOMINGO
HALE X
BATH
ROSEHILL X
SCHUTI'E X
9 0 0 0
(DRAFT 5)
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAK[
BONK-ABRAMSON X
I:HILDS X
DE LIMA X
DOMINGO X
HALE X
RATH X
ROSEHILL
SCHS7TTE X
0 2 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council and published as
indicated above. ,
~~n'~'Iv r~~ SIS t9
C COUONTY OF HAWAII
Appro red/Dis ved this .~I day
of ~ , 19 9~
OR, COU OF HAWAII
COUNCIL CHAIRMAN
i
Bill No.: 230
Reference: C-1017 & 1017.01
Ord. No.: ~~