HomeMy WebLinkAboutORD 1995-041 1994-1996COUNTY OF HAWAII . ;STATE OF HAWAII
BILL NO. 13
(Draft 4)
ORDINANCE NO. 95 ~1
AN ORDINANCE AMENDING CHAPTER 20 OF THE HAWAII COUNTY CODE 1983, AS
AMENDED, RELATING TO REFUSE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 20, Article 3, Section 20-35 of the Hawaii County Code 1983, as
amended, is hereby amended 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.
(>z) No person shall dispose of refuse at anv county landfill without first obtaining a
disposal permit issued by the engineer. Persons not representing anv business federal or state
agency. religious entity or nonprofit organization. need not obtain a Hermit to dispose of refuse at
a count~ransfer station.
[(b)] ~c.) An application for a disposal permit shall be submitted to the (Chief Engineer]
engineer on a form furnished by the department (which requires the following information:]_
(I) For businesses. federal or state agencies. religious entities. and non-profit
organizations. the following information is required:
[(1)] (A) 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 yazds and
license number of the vehicle(s) which would be used to dispose refuse.
[(3)] LC) Approximate volume and frequency of refuse to be disposed,
[(4)] LD2 Other information as deemed necessary by the engineer.
(21 Persons not acting as or on behalf of any business. public agency. religious
entity or non-profit organization shall provide their name. residence and mailing address.
residence and errlplover tel~hone numbers drivers license number and anv other information
deemed necessar~v the engineer for billing and collection nurooses.
(c) The disposal permit shall be effective for a period of one yeaz from the date of
issuance.
(d) The engineer may suspend or revoke a disposal permit for the following reasons:
(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:
(])Upon determination that sufficient reasons exists to revoke or suspend a
disposal permit, the engineer shall inform the permit 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 often (10) working days to cure the
complaint. At [The] the end of the ten day period, the County shall notify the permit holder in
writing either that the complaint 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 heazing the original decision is shown to be cleazly
erroneous;
(5) A request for a hearing shall not act to stay the engineer's decision to revoke
or suspend.
(f) [The application permit shall be twenty-five dollars.] There shall be a fee of twenty-
five (251 dollars for the issuance or a refuse disposal permit to a business. federal or state aeencv.
relig ious entity or no~ rofit oreanization payable with the ap plication therefor. There shall be
no fee for the issuance of a permit to nersons not actine as or on behalf of a business.QUblic
aeencv. religious entity ornon-profit organization."
SECTION 2. Chapter 20, Article 4, Section 20- of the Hawaii County Code 1983, as
amended, relating to "Disposal fees" is hereby amended to read as follows:
"Section 20- .Disposal fees.
(a) Any refuse, except for prohibited materials, delivered by a business, federal or state
agency, religious entity, non-profit 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.
(b) 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 rebaz, tree stumps, tires,] and confidential document destruction or
other disposal requiring a witness [and dead animal cazcasses]. Whole tires will not be accepted
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 3. Chapter 20, Article 4, Section 20- of the Hawaii County Code 1983, as
amended, relating to "Fee Schedule" is hereby amended to read as follows:
"Section 20- . Fee Schedule.
(a) Chazge rates shall be established as follows:
(I) Landfill Disposal
Rate by weight: $35.00 per ton [or fraction thereof) prorated accordingly.
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 yazds of refuse: $24 per
truck.
TYPE II: Medium trucks or other vehicles with a gross vehicle weight
from 10,000 pounds to 19,999 pounds with no more than 6 cubic yards of
refuse: $48 per truck.
TYPE III: Large trucks or other vehicles with a gross 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 26,00
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 yazd.
(2) Special Handling: [$35] $50 per truck load or fraction thereof."
SECTION 4. 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 5. If any provision of this ordinance, or the application thereof to any person
or circumstance, is held invalid, such invalidity shalt 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 severable.
SECTION 6. This ordinance shall be retroactive to December 1, 1994, except the special
handling fee identified in Section 3, Chapter 20, Article 4, Section 20- (a) (2), which shall take
effect upon the approval of this ordinance.
INTRODUCED BY:
COUNCIL MEMBER, CO F HAWAII
Hilo, Hawaii
Date of Introduction:
Date of Ist Reading:
Date of 2nd Reading
Effective Date:
March 1, 1995
March 1, 1995
March 15, 1995
March 21, 1995
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo Hawaii _ __ °1) ...
.._ ~.. ,..i i
(DRAFT 3)
Introduced By: Keola Childs
Datelntroduced: March 1, 1995
First Reading: March 1, 1995
Published: March 8, 1995
REMARKS:
ROLL CALL VOTE
AYFS NOFS ABS EX
Arakaki X
Bonk-Abramson X
Childs }{
De Lima }{
Domingo X
Osorio X
Rath X
~Y X
Smith }{
8 0 1 0
(DRAFT 41
Second Reading: March 15, 1995
To Mayor: March 1 1995
Returned: March 21. 1995
Effective: March 21. 1995
Published March 28, 1995
REMARKS:
I DO HEREBY C
indicated above.
QPPROVEa a; to
FORA9 aadJ,~f31
6RPORATICN COUNSEL
COUNTY OF HAWAII
MAR 2 ^1 1995
' Date
Approved/iQiew this~y
of_/}o~a ,i9 9S~
R, COLiNTY 0 WAIL
ROLL CALL VOTE
AYES NOES ABS EX
~~~ X
Bonk-Abramson X
Childs X
De Lima X
Domingo X
Osorio X
Rath X
Ray X
Smith X
9 0 0 0
adopted by the County Council and published as
Bi1tNo.: 13 (Draft 4)
Reference: C- ~ 5
Ord No.: C ~1