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COUNTY OF HAWAII :": '= .�/:+ STATE OF HAWAII
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BILL NO. 286
(DRAFT 3)
ORDINANCE NO.
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; [and,] liquids or sludges in containers five gallons or larger[, including liquid
cooking oil or grgasc] 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.
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm.
800.9
INTRODUCED BY:
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CO ►'CIL MEI'IBER, OUNTY OF HAWAII
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