HomeMy WebLinkAboutCOM 0181.004 2012-2014 Zendo Kern zv os„•1's'• Phone: (808) 965-2712
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Council Member o,. �� ;Ier Email: zkern(ui)co.hawau.hi.us
Council District 5 • "",����-
Mailing Address: '• .▪ - •v Planning Committee Chair
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Hawaii County Building ':�'b-(* );'
25 Aupuni Street Environmental Management
Hilo, Hawaii 96720 Committee Chair
Hawai`i County Council
County of Hawai`i
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TO: J Yoshimoto, Chairperson _1e,
and mbers of the_Hawai`i County Council M
FROM: Zendo Kern, Council Member N
DATE: May 29, 2013
SUBJECT: Proposed Amendments to Bill 44, which amends Chapter 20, Article 4,
Section 20-47 of the_Hawai`i County Code 1983 (2005 Edition, as
amended), Relating to Collection of Fees
Attached please find proposed amendments to Bill No. 44. The proposed amendments
are illustrated below by Ramseyer format with respect to Bill No. 44, and bolded for
illustration purposes.
The proposed amendments are as follows:
1. Section 1, Purpose, is amended to read:
"SECTION 1. Purpose. The purpose of this amendment is to implement new
payment [methods] requirements for commercial haulers to ensure that payments due
are made in a timely manner. The amendment also establishes new procedures for the
solid waste division of the department of environmental management. Furthermore,
the [grate] period before which a finance charge is implemented is reduced from sixty
days to thirty days for all overdue collections, not just those overdue collections owed by
commercial haulers."
Comm. No. 1 81 'c.
Serving the Interests of the People of Our Island Ref.To:
Hawaii County is an Equal Opportunity Provider and Employer Ref. Dote JUN Q
2. Section 2, which amends Section 20-47 of the Hawai`i County Code, is amended
to read as follows:
"Section 20-47. Collection of fees.
(a) All [charges] payments, interest and collateral shall be collected by the solid
waste division of the department.
(b) For Federal or State agencies, religious entities, nonprofit organizations, and all
businesses with the exception of commercial haulers, billings shall be made
monthly. Payments are due before the end Of the month following the month in
which charges are incurred. A finance charge of one and one-half percent
monthly (annual rate of eighteen percent) shall be charged on all balances which
are thirty or more days overdue. In addition to this, access to County solid waste
facilities may be denied until the account is current.
. . •
(c) For commercial haulers, the department shall send out billing statements by
the tenth day of each month for services rendered the previous month. Each
billing statement shall identify the date the payment is due, which shall be
thirty days from the issuance of the billing statement. Past due accounts shall
be subject to the following:
(1) A finance charge of one and one-half percent monthly (annual rate of
eighteen percent) shall be charged on all balances past due beginning
the first day the account is past due; and
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(2) Access to County solid waste facilities shall be denied for disposal of
solid waste until the account is current. Such access may only be
regained as provided in subsection (d).
(d) A commercial hauler that has failed to make payments in a timely manner
may regain access to County solid waste facilities, provided that commercial
hauler makes full payment on his or her past due account, including interest;
and further provided that for all future uses of County solid waste facilities,
that commercial hauler shall either:
(1) Pay all established refuse disposal fees at the time of depositing refuse
into the landfill(s); or
(2) Post collateral with the solid waste division of the department of
environmental management in the form of cash, bond, certified check,
or equivalent security approved by the department, in the amount of
one and one-half times of an average thirty day billing period.
(A) The computation of the amount of collateral required shall be
determined by multiplying the number of tons per month on
average, by one and one-half times the per ton solid waste
disposal charge.
(B) Residential credits shall not be included in collateral
computations.
(C) Collateral computations shall be (re)assessed by the department
within thirty days of a request made by a commercial hauler and
on a bi-annual basis, to determine if adjustments in collateral
amounts are required. If it is determined that an increase in
collateral is necessary, the commercial hauler will be required to
increase his or her collateral. If it is determined that a decrease is
required, the department shall remit a refund in that amount to
the commercial hauler.
(D) All collateral posted shall be returned after twenty-four months of
timely payments, but may be reinstated should a commercial
hauler become delinquent.
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(E) Interest collected on collateral posted by a commercial hauler
shall be posted to the commercial haulers account and shall first
be applied to any past due amounts and the remainder shall be
posted as a credit to the account.
(F) If a commercial hauler has posted collateral that is earning
interest, the department shall remit any unencumbered interest to
the commercial hauler: (1) upon releasing the collateral after
twenty-four months of timely payments; (2) at the end of a
contract; (3) at the end of a bid award; or (4) if the commercial
hauler goes out of business.
(e) The director shall revoke a commercial hauler's solid waste permit for
accounts more than ninety days past due, until the account is current.
(f) In the case of a legitimate dispute over specific billing amounts on a billing
statement, the amount being disputed shall not be subject to the provisions in
subsection (c) until it has been resolved. Any other amounts on the billing
statement shall be due and payable pursuant to the provisions in subsection
(g) Commercial haulers not in compliance with payment requirements or up to
date with tipping fee payments, or whose solid waste permit has been
revoked, shall be prohibited to bid, be awarded a bid, subcontracted to a bid,
or enter into contracts with any County department or agency."
A draft copy of Bill No. 44, Draft 2, is attached with the proposed amendments incorporated
therein.
ZK/bl
Att.
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AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 4, SECTION 20-47 OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
COLLECTION OF FEES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this amendment is to implement new payment
requirements for commercial haulers to ensure that payments due are made in a timely manner. The
amendment also establishes new procedures for the solid waste division of the department of
environmental management. Furthermore, the period before which a finance charge is implemented is
reduced from sixty days to thirty days for all overdue collections, not just those overdue collections
owed by commercial haulers.
SECTION 2. Chapter 20, article 4, section 20-47 of the Hawai`i County Code 1983
(2005 Edition, as amended) is amended to read as follows:
"Section 20-47. Collection of fees.
(a) All [charges] payments, interest and collateral shall be collected by the solid waste
division of the department. [Billings shall be made monthly. Payments are due
before the end of the month following the month in which charges are incurred. A
finance charge of one and one half percent monthly (annual rate of eighteen
percent) shall be charged on all balances which are sixty or more days overdue. In
addition to this, access to County solid waste facilities may be denied until the
account is current.]
(b) For Federal or State agencies, religious entities, nonprofit organizations, and all
businesses with the exception of commercial haulers, billings shall be made
monthly. Payments are due before the end of the month following the month in
which charges are incurred. A finance charge of one and one-half percent
monthly (annual rate of eighteen percent) shall be charged on all balances which
are thirty or more days overdue. In addition to this, access to County solid waste
facilities may be denied until the account is current.
(c) For commercial haulers, the department shall send out billing statements by the
tenth day of each month for services rendered the previous month. Each billing
statement shall identify the date the payment is due, which shall be thirty days
from the issuance of the billing statement. Past due accounts shall be subject to
the following:
(1) A finance charge of one and one-half percent monthly (annual rate of
eighteen percent) shall be charged on all balances past due beginning the
first day the account is past due; and
(2) Access to County solid waste facilities shall be denied for disposal of solid
waste until the account is current. Such access may only be regained as
provided in subsection (d).
(d) A commercial hauler that has failed to make payments in a timely manner may
regain access to County solid waste facilities, provided that commercial hauler
makes full payment on his or her past due account, including interest; and further
provided that for all future uses of County solid waste facilities, that commercial
hauler shall either:
(1) Pay all established refuse disposal fees at the time of depositing refuse into
the landfill(s); or
(2) Post collateral with the solid waste division of the department of
environmental management in the form of cash, bond, certified check, or
equivalent security approved by the department, in the amount of one and
one-half times of an average thirty day billing period.
(A) The computation of the amount of collateral required shall be
determined by multiplying the number of tons per month on average,
by one and one-half times the per ton solid waste disposal charge.
(B) Residential credits shall not be included in collateral computations.
(C) Collateral computations shall be (re)assessed by the department within
thirty days of a request made by a commercial hauler and on a bi-
annual basis, to determine if adjustments in collateral amounts are
required. If it is determined that an increase in collateral is necessary,
the commercial hauler will be required to increase his or her
collateral. If it is determined that a decrease is required, the
department shall remit a refund in that amount to the commercial
hauler.
(D) All collateral posted shall be returned after twenty-four months of
timely payments, but may be reinstated should a commercial hauler
become delinquent.
2
(E) Interest collected on collateral posted by a commercial hauler shall be
posted to the commercial haulers account and shall first be applied to
any past due amounts and the remainder shall be posted as a credit to
the account.
(F) If a commercial hauler has posted collateral that is earning interest,
the department shall remit any unencumbered interest to the
commercial hauler: (1) upon releasing the collateral after twenty-four
months of timely payments; (2) at the end of a contract; (3) at the end
of a bid award; or (4) if the commercial hauler goes out of business.
(e) The director shall revoke a commercial hauler's solid waste permit for accounts
more than ninety days past due, until the account is current.
(f) In the case of a legitimate dispute over specific billing amounts on a billing
statement, the amount being disputed shall not be subject to the provisions in
subsection (c) until it has been resolved. Any other amounts on the billing
statement shall be due and payable pursuant to the provisions in subsection (c).
(g) Commercial haulers not in compliance with payment requirements or up to date
with tipping fee payments, or whose solid waste permit has been revoked, shall be
prohibited to bid, be awarded a bid, subcontracted to a bid, or enter into contracts
with any County department or agency."
SECTION 3. 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 4. 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 5. This ordinance shall take effect one hundred and eighty days after its
approval.
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