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Home My WebLink AboutBIL 306 Draft 01 2010-2012OFFICE 1NFORMA'rtON ONLY Meeting: Council -November 27, 2012 Action: Failed due to vote of noes and 2 absent (Blas and Pilago) Note: This bill was an initiative forwarded to the Council by the 2012 student county council, which was an island -wide school learning project with the goal of engaging and sparking student interest in local government. Re: Bill 306; Comm. 841 (2610-2102 term); (Waived -EMC) p;+tV OF N COUNTY OF HAWAII STATE OF HAWAII .1Tj O•f •M► BILL NO. 306 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 4, SECTION 20-46 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO ESTABLISHMENT OF A "PAY AS YOU THROW" PROGRAM AT ALL COUNTY LANDFILLS AND SOLID WASTE TRANSFER STATIONS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to establish a "Pay as You Throw" program for refuse that is legally deposited at a County landfill or transfer station. Under the provisions of this ordinance, all currently established fees and requirements are to remain in place, with the addition of requiring that any person depositing any amount of refuse at a County landfill or landfill transfer station shall pay the existing landfill disposal rate, as provided in Section 20-49, Hawaii County Code 1983 (2005 Edition, as amended). SECTION 2. Chapter 20, article 4, section 20-46 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 20-46. Disposal fees. (a) Any refuse, except for prohibited materials, delivered by a business, Federal or State agency, religious entity, nonprofit organization or private citizen to [the working fae a County landfill or solid waste transfer station 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 and confidential document destruction or other disposal requiring a witness. Tires, whether whole, cut, sliced, chipped or shredded, will not be accepted at any County landfill. All wire or cable must be cut to four -foot lengths prior to disposal at any County landfill or transfer station. (c) Administrative rules shall provide partial credit to commercial haulers for residential waste. The amount of the credit shall be no less than $2 per month for each single-family household from which the hauler collects refuse, provided the hauler's account is current. The annual credit shall be equal to the landfill disposal fee multiplied by one and one-half tons per year per single-family household. The residential credit shall not exceed the total landfill tipping fees charged to the residential hauler for the month for which the credit is being claimed. Commercial haulers who claim this credit shall provide documentation to the solid waste division including customer name, mailing address, and service address for each credit claimed. Claims for the residential credit must be submitted on or before the last day of the month following the month for which the credit is being claimed and the hauler's account must be current for the credit to be applied. Names, mailing addresses, and service addresses of customers of residential haulers are subject to the disclosure limitations in section 92F, Hawaii Revised Statutes, as disclosure would cause substantial harm to the competitive position of the person from whom the information was obtained. (d) The mayor, with the approval of the council, may temporarily rescind the solid waste disposal fees for a specified period. (e) The mayor may waive solid waste disposal fees when it is in the best interest of the County. Fees may be waived for one-time events for community organizations, nonprofit organizations, or private property owners who are remediating illegal dump sites which were not of their creation. The mayor will give notice to the council when tip fee is waived. (f) On or before January 1, 2004, there shall be an analysis of past and projected expenses in the solid waste division. Factors to consider include, but are not limited to, capital improvement projects and any debt service for those projects, labor rates and any contractual obligations, equipment replacement and depreciation, and diversion programs. Estimates shall also be considered for total disposal expenses for businesses, Federal or State agencies, religious entities, nonprofit organizations or private citizens as compared to expenses for single-family household disposal at the island -wide solid waste transfer stations. The analysis will be done on an annual basis through January 1, 2007." SECTION 3. Material to be repealed is bracketed and stricken through. Material to be added is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be printed. SECTION 4. 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 2 invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. This ordinance shall take effect ninety days after adoption. INTRODUCED BY: d" CQ IL MEMS R, OUNTY OF HAWAII Hawai` i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: