HomeMy WebLinkAboutREP PWC 278 09/27/1988 1984-1988 REPORT OF THE
CONE'lITTEE ON PUBLIC WORKS
•
DATE: September 27, 1988
PLACE : Councilroom
TIME: 1 : 30 p.m .
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Public Works to which was referred Communication
'No . 1308 and its attached Bill No . 427 , reports as follows:
Bill 427 proposes to amend Chapter 20 , Article 3 of the Hawaii County
Code 1983 , relating to refuse disposal in parts of Section 20-31 ,
relating to definitions ; Section 20-35 , relating to license required
for removal business ; Section 20-36 , relating to refuse removal
vehicles ; Section 20-37 , relating to disposal of dead animals ;
Section 20-40 , relating to explosives prohibited ; and Section 20-43,
relating to acceptance of refuse for disposal ; restrictions . The
purpose of the bill is as follows :
1 . Distinguish household refuse from other refuse ;
2. Prohibit use of transfer stations for anything other than
household refuse ;
3 . Prohibit use of transfer stations by commercial or business
activities except as allowed by the Chief Engineer ;
4 . Require any business which , as an incident to its normal
operations , generates and physically disposes of refuse at
a County facility, to get a baggage and freight license
from the Director of Finance;
5 . Assigns responsibility for a dead animal without an
identified owner to the landowner or land occupant upon
whose land the animal is found ;
6 . Prohibit dumping of radioactive waste and other hazardous
material in any County disposal facility ;
7 . Prohibit dumping of any of the following items in a
transfer station: commercially hauled refuse not approved
by the Chief Engineer , hazardous materials , construction or
demolition wastes , abandoned vehicles , dead animals , and
animal parts ;
8 . Provide that unauthorized entry into the landfill during
nonworking hours or for purposes other than those permitted
in Section 20-43 , is considered trespassing and is subject
to penalties of Article 3 .
9 . Provide that improper depos .tion of any material in any
County landfill or transfer station is considered to be
littering and is subject to the penalties of Article 3 .
PWC REPORT .';O . 278
rDOPTED ; OCT 19 1988
pwc- 278 Page 2 September 27 , 1988
Your Committee reviewed Bill No . 427 on October 26, 1987 .
Galen Kuba , solid waste engineer , testified that the current
ordinance is outdated because it refers to landfills as dumps ;
doesn ' t recognize transfer stations or any regulations relating to
them; and allows landscapers and contractors to deposit a lot of
vegetative material and construction waste in the landfills without a
baggage and freight license .
Your Committee was concerned about enforcement and penalties of Bill
No . 427 . Galen Kuba testified that the bill is strong enough to
enable the Department of Public Works to stop dumping from major
construction sites into the County landfills . The Chief Engineer
testified as follows :
1 . Although serious enforcement may transfer the problem of
dumped large appliances from transfer stations and
landfills to vacant public land, thus increasing our litter
problem, the risk is worthwhile because the bill will
enable the County to control commercial refuse haulers who
fill up the transfer stations .
2. The Department of Public Works enforces the existing refuse
ordinance in response to the public 's complaints about
violations .
3 . The penalty for violations of the refuse ordinance is in
Section 20-45 of the Hawaii County Code 1983 and entails a
fine not exceeding 1500 and a contribution of not less than
twenty hours of public service with the Department of
Public Works and the Department of Parks and Recreation
Your Committee had concerns about the clarity of the definition of
hazardous waste and the penalty for non-compliance with the
prohibition of hazardous waste in Section 30-37 of Bill 427. The
Chief Engineer testified that the definition is taken from the State
definition and the penalty is the same general penalty found in
Section 20-37 .
Your Committee considered Bill No . 427 again on September 27, 1988
along with Bill No . 427 Draft 2 and Draft 3.
Bill 427 Draft 2 clears up some inconsistencies in the definitions in
Section 20-31 (a ) by changing "household refuse" to "household
rubbish " and changing the definition of a transfer station from a
"facility designed to collect household refuse " to a "facility
designed to collect household rubbish . " The change makes the
PWC- 278 Page 3 September 27 , 1988
definitions consistent with the use of refuse as an overall term that
includes rubbish, garbage and swill . Draft 2 deletes the definition
of hazardous waste in Section 20-31 (a ) and changes "any hazardous
materials as defined by the State department of health rules ,
regulations and standards , . . . . " in Section 20-40 (a ) to "any
prohibited materials as defined by the State department of health
rules , regulations and standards , . . . . "
Bill No . 427 Draft 3 is identical to Draft 2 except for two changes .
In Section 20-36 relating to refuse removal business , subsection c,
the general prohibition of business or commercial use of transfer
stations after June 30, 1989 is changed to the provision that
"Certain transfer stations will be designated and determined to be
incompatible for use by business or commercial activities . Use of
these designated transfer stations by business or commercial
activities shall be prohibited after July 1 , 1989, except as
authorized by written permit with conditions set forth by the Chief
Engineer . "
Draft 3 has a new provision in Section 20-35 , relating to license
required by refuse removal business , which adds "any business which ,
as an incident to its normal operations , generates and disposes of
refuse at a County facility" to those required to secure a baggage
and freight license . This would require commercial haulers , such as
department stores , and businesses, such as landscapers and
construction companies , to get a baggage and freight license .
Your Committee considered Bill No . 427 again on September 27, 1988 .
Your Committee heard testimony from the Chief Engineer as follows :
1 . Bill No . 427 Draft 3 is better than the original bill .
2 . The purpose of the bill is to govern the disposal of
municipal trash .
3 . Hazardous waste generators have to comply with State law by
shipping waste off island , as it can ' t be dumped in the
landfills .
4 . Monitoring of hazardous waste is done with the help of
prisoners .
5 . A barrel of potassium cyanide recently left at the landfill
cost 14000 for disposal and is under FBI investigation .
6 . Where population has grown but the number of transfer
stations hasn 't increased , as in Waimea, Puna and Kona , the
transfer stations may not be suitable for business and
commercial activities .
7 . The Department of Public Works will notify commercial
carriers that business and commercial activities are
prohibited from using certain transfer stations .
PWC- 278 Page 4 September 27 , 1988
Your Committee concurred with the Chairwoman 's recommendation to
approve Bill No . 427 Draft 3.
Your Committee on Public Works is in accord with the intent and
purpose of Bill No . 427 Draft 3 and recomme its passage on first
reading by the County Counci .
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RLE K. LAI, CHAIR 'MAN
jp. (ABSENT AND EXCUSED)
'U SELL S. KOKUBUN, VICE CHR. FRANK DE LUZ III, MEMBER
(ABSENT AND EXCUSED) , / �� *At
TAKASHI DOMINGO, MEMBER SHERWOOD R. H. GREENWELL, BER
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