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HomeMy WebLinkAboutCOM 0064.055 2010-2012Pete Hoffmann Vice Chair /Councilman District 9 - North and South Kohala HAWAII COUNTY COUNCIL Wel FROM: Date: Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 County of Hawai `i Dominic Yagong, Chair and Members of the Pete Hoffmann, Vice February 16, 2011 Subject: Proposed Amendments to Bill No. 17; Relating to Plastic Bag Reduction Please find attached proposed amendments to Bill No. 17 The amendments are illustrated_below via Ramseyer format; material to be deleted is bracketed and stricken through, material to added is underscored. The proposed amendments read as follows: Amending Section 14 - . Purpose to read: Section 14 -_. Purpose. The purpose of this article is to reduce the use of plastic bags and to encourage the use of environmentally preferable alternatives, such as reusable cloth or paper bags. 2. Amending Section 14 -. Definitions to read: Section 14- . Definitions. As used in this article: "Business" means any commercial enterprise or establishment, including sole proprietorships, joint ventures, partnerships and corporations, or any other legal entity, and includes employees of the business e ]any independent contractors associated with the business. "Plastic checkout bag" means a carryout bag that is provided by a business to a customer for the purpose of transporting groceries or other retail goods, and that is made from non - compostable or compostable plastic and not specifically designed and manufactured for multiple re -use. Phone No. Hilo: (808) 961 -8027 Phone No. Waimea: (808) 887 -2043 Fax No.: (808) 887 -2072 E -Mail: poffmann @co.hawaii.hi.us Holomua Center 64 -1067 Mamalahoa Highway, Suite C -5 Waimea, Hawaii 96743 Comm. 1V0, 6 5s- Ref. To: iSebte Ref. Date FEB 16 2011 February 16, 2011 Page 2 "Reusable bag" means a bag that is specifically designed and manufactured for multiple re -use and is (1) made of cloth or other machine washable fabric or (2) made of [ other - dtffa le material paper specifically designed for multiple and long -term use[ and is at least 2.25 millimeters thie ] Amending the Section 14 -. Administration to read: Section 14- . Administration. The director of the department of environmental management shall administer this article including providing education and enforcement and shall adopt administrative rules including defining permissible bags and establishing penalties pursuant to chapter 91, Hawaii Revised Statutes, within one hundred eighty days from the effective date of this ordinance. 4. Deletes Section 14 - . Summons or citation: Deletes Section 14 - . Penalty: k. I. M 11 161 �friflkll Thank you for your cooperation in this matter. PH /dh att AN ORDINANCE AMENDING CHAPTER 14, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) BY ADDING A NEW ARTICLE RELATING TO PLASTIC BAG REDUCTION. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Findings and purpose. It is the County's responsibility to preserve the health of its residents and natural beauty of the island. Plastic bags, though a convenient commodity, have been recognized as detrimental to the environment and to the Island of Hawaii for the following reasons: 1. Plastic bags do not degrade into safe compounds. Consequently, they introduce unsafe chemicals into the environment. 2. Whether because of poor management or irresponsible disposal, plastic bags contribute to unsightly litter. Moreover, these plastic bags create the potential for death of marine and pasture animals through entanglement and ingestion. 3. Because plastic bags do not biodegrade, but instead break down into smaller and smaller pieces, plastic bags simplify the introduction of toxins into the marine environment, increasing the overall toxin concentration into the oceans, and inevitably into fish and other marine wildlife. 4. Plastic bags create an impediment to the County's landfill diversion goals. The council finds that, in order to preserve the health, safety, welfare, and scenic and natural beauty of the County of Hawaii, the use of plastic bags must be regulated. The Hawaii County General Plan, Environmental Quality Element 4.3, includes the following policies for the County: "(a) Take positive action to further maintain the quality of the environment. (b) Reinforce and strengthen established standards where it is necessary, principally by initiating, recommending, and adopting ordinances pertaining to the control of pollutants that affect the environment. (d) Encourage the concept of recycling agricultural, industrial, and municipal waste material." The council recognizes the need to proactively address the environmental harm resulting from the proliferation of plastic bags. The purpose of this article is to reduce the use of plastic bags and to encourage the use of environmentally preferable alternatives, such as reusable bags. This ordinance addresses only plastic shopping bags distributed to customers at checkout. SECTION 2. Chapter 14, Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new article to be appropriately designated and to read as follows: "Article _. Plastic Bag Reduction. Section 14 -_. Purpose. The purpose of this article is to reduce the use of plastic bags and to encourage the use of environmentally preferable alternatives, such as reusable cloth or paper bags. Section 14- . Definitions. As used in this article: "Business" means any commercial enterprise or establishment, including sole proprietorships, joint ventures, partnerships and corporations, or any other legal entity, and includes any independent contractors associated with the business. "Plastic checkout bag" means a carryout bag that is provided by a business to a customer for the purpose of transporting groceries or other retail goods, and that is made from non - compostable or compostable plastic and not specifically designed and manufactured for multiple re -use. "Reusable bag" means a bag that is specifically designed and manufactured for multiple re -use and is (1) made of cloth or other machine washable fabric or (2) made of paper specifically designed for multiple and long -term use. Section 14- . Administration. The director of the department of environmental management shall administer this article including providing education and enforcement and shall adopt administrative rules including defining permissible bags and establishing penalties pursuant to chapter 91, Hawaii Revised Statutes, within one hundred eighty days from the effective date of this ordinance. Section 14 -_. Plastic checkout bags prohibited. Businesses shall not provide plastic checkout bags to their customers. Section 14 -_. Exemptions. (a) Organizations classified under Section 501 (c) of the United States Internal Revenue Code and non - incorporated community booster organizations are exempt from the provisions of this article. (b) Businesses may make plastic checkout bags available for purchase for one calendar year after the effective date of this ordinance. SECTION 3. Severability. 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 4. This ordinance shall take effect one year after approval.