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Home My WebLink AboutCOM 0800.007 2010-2012 BRITTANY SMART �� .......... Phone: (808) 961-8263 Councilmember d' Fax: (808) 961-8912 • ,�:•, bsmart @co.hawaii.hi.us Hawai i County Council District 6 ,,.: Upper Puna, Ka`u, South Kona •f�'`°',".... Hawai`i County Council County of Hawai`i 25 Aupuni Street Hilo, Hawai`i 96720 DATE: November 8, 2012 CD NJ TO: Dominic Yagong, Chair and Members of the Hawai`i County Council FROM: Brittany Smart, Councilmember SUBJECT: Proposed Amendments to Bill No. 286, Draft 2 Please find attached proposed amendments to Bill No. 286, Draft 2, which will be heard for the first reading November 9, 2012, before the full Council. The proposed amendments are recommended by the Environmental Management Commission and are illustrated below by Ramseyer format with respect to the contents of Bill No. 286, Draft 2 (material to be deleted is bracketed and stricken, material to be added is underscored). 1. Bill No. 286, Draft 2, is amended by further amending the definition for"Prohibited materials" as located in Section 1 to read as follows: "Prohibited materials" include, but are 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; liquids or sludges in containers five gallons or larger unless mixed with a bulking agent so that it solidifies; and hazardous wastes as defined in 40 Code of Federal Regulations parts 257, 258 and 261. Notwithstanding the foregoing, commercial cooking oil waste and commercial FOG waste are considered prohibited materials in any amount and any form." 2. Bill No. 286, Draft 2, is amended by amending Section 20-40 as located in Section 3 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 disposal facility, including transfer stations, any prohibited materials as defined in this article or by the State pp - Comm. No. DOt ' l _ Ref.To: Serving the Interests of the People of Our Island Ref. pate NOV 0 9 Hawai`i County is an Equal Opportunity Provider and Employer department of health rules, regulations and standards, including any radioactive or chemical waste, any pesticides, explosives, blasting materials, fuses, live ammunition, or other substances that may explode upon contact with heat or fire. (b) Prohibited wastes which have been rendered nonhazardous by 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. (c) Any law, rule, or regulation to the contrary notwithstanding, no person shall dump, place, or remove to any County disposal facility, including transfer stations, in any amount or any form, commercial cooking oil waste or commercial FOG waste, as defined in section 20-31. The foregoing prohibition shall apply only to the extent that there are recyclers who are willing and able to accept such materials for recycling, by way of either pick-up at the place of generation, or drop-off within driving distance from the place of generation which is less than to the nearest County landfill." Attached is a draft copy of Bill No. 286, Draft 3, with these amendments incorporated. Mahalo. BS:nh att. AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 3 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO DISPOSAL OF COMMERCIAL COOKING OIL WASTE AND COMMERCIAL FATS, OILS, AND GREASES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 20, article 3, section 20-31 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended by amending the definition for "prohibited materials"to read as follows: 'Prohibited materials" include, but are 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; [an] liquids or sludges in containers five gallons or larger[, including liquid cooking oil or grease] unless mixed with a bulking agent so that it solidifies;, and hazardous wastes as defined in 40 Code of Federal Regulations parts 257, 258 and 261. Notwithstanding the foregoing, commercial cooking oil waste and commercial FOG waste are considered prohibited materials in any amount and any form." SECTION 2. Chapter 20, article 3, section 20-31 of the Hawai`i County Code 1983 (2005 Edition, as amended), is amended by adding the following definitions to be appropriately designated and to read as follows: 'Commercial cooking oil waste" means cooking oil which, because of prior use, potency loss, or contamination, is no longer usable or salable by a business engaged in cooking food or selling cooking oil. The term does not mean the residue remaining after the conversion of commercial cooking oil waste into a marketable product. "Commercial FOG waste" means animal/vegetable fat, oil and grease and other waste that is retained in or removed from a commercial pretreatment device. The term does not mean the residue remaining after the conversion of commercial FOG waste into a marketable product of grease and other waste removed from a commercial pretreatment device." SECTION 3. Chapter 20, article 3, section 20-40 of the Hawai`i County Code 1983 (2005 Edition, as amended), 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 disposal facility, including transfer stations, any prohibited materials as defined in this article or by the State department of health rules, regulations and standards, including any radioactive or chemical waste, any pesticides, explosives, blasting materials, fuses, live ammunition, or other substances that may explode upon contact with heat or fire. (b) Prohibited wastes which have been rendered nonhazardous by 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. (c) Any law, rule, or regulation to the contrary notwithstanding, no person shall dump, place, or remove to any County disposal facility, including transfer stations, in any amount or any form, commercial cooking oil waste or commercial FOG waste, as defined in section 20-31. The foregoing prohibition shall apply only to the extent that there are recyclers who are willing and able to accept such materials for recycling, by way of either pick-up at the place of generation, or drop-off within driving distance from the place of generation which is less than to the nearest County landfill." SECTION 4. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken 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 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 6. This ordinance shall take effect upon its approval. 2