HomeMy WebLinkAboutCOM 0200.003 2014-2016 Phone No. Hilo: (808)961-8027
Margaret Wille �JNtvq�;, Phone No. Waimea: (808)887-2043
Council Member ;;;
District 9-North and South Kohala : • " �y�' Fax No.: (808)887-2072
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E-Mail: mwille@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai`i
Hawaii County Building Holomua Center West Hawaii Civic Center Bldg.A
25 Aupuni Street 64-1067 Mamalahoa Highway,Suite C-5 74-5044 Ane Keohokalole Hwy.
Hilo, Hawaii 96720 Waimea, Hawai`i 96743 Kailua-Kona, Haw ,9674A
C—c
TO: Dru Mamo Kanuha, Council Chair
and Members of the Hawai`i County Council ""
FROM: fol Margaret Wille, Council Member ,
l J
DATE: July 21, 2015 v" __
SUBJECT: Proposed Amendments to Bill No. 33; Relating to Refuse.
Please find attached proposed amendments to Bill No. 33. The proposed amendments are
illustrated below by Ramseyer format with respect to the contents of Bill No. 33 (material to be
deleted is bracketed and stricken, material to be added is underscored).
1. Bill No. 33 is amended by amending SECTION 1 to read as follows:
"SECTION 1. Findings and purpose. The principles of zero waste emphasize a resource
management approach by way of programs aimed at"reduce, reuse, and recycle." By diverting
these materials from the waste stream, the Council aims to extend the lifespan of the existing
landfills, provide for the near future closure of the East Hawai`i Sanitary Landfill, and avoid
consideration of construction of a mass burn incinerator or an additional landfill site.
This ordinance will allow the Director of Environmental Management to manage the
trucking of trash in a more economical manner by affording small commercial hauling
operations the opportunity to utilize the transfer stations for loads of six cubic yards or less. The
Department will accommodate commercial haulers who have obtained a permit to dispose of
rubbish in designated categories at transfer stations by allowing hauling to the transfer stations
upon payment based on estimated cubic yard loads.
This ordinance will allow the owner or occupant of any residence to dispose of up to three
thirty-three gallon bags of landfill rubbish per day at designated transfer stations. Commercial
haulers and the owner or occupant of any residence disposing of in excess of three thirty-three
gallon bags of landfill rubbish at transfer stations will be charged a fee for the excess. For
purposes of measuring the size of a load at the transfer station, three thirty-three gallon bags of
landfill rubbish shall be deemed to be the equivalent of a half of a cubic yard.
Comm. No. P--00. ..
Serving the Interests of the People of Our Island Ref. To:
Ref. Dote J6 3 "14
Hawai`i County Is An Equal Opportunity Provider And Employer .a -.
July 22, 2015
Page 2 of 13
The owner or occupant of any residence hauling household rubbish shall also not incur any
fee for any amount of green waste that is sorted and disposed of as directed at the transfer station
or landfill. Commercial haulers hauling only green waste will be charged one-fourth the landfill
rate.
Beginning on or after July 1, 2017, at such times and locations as composting operations
become available at designated transfer stations and at the landfills operations, commercial
haulers will be charged for any sorted compostables at the same rate as for green waste, rather
than at the higher landfill rate.
This Ordinance will implement [the] numerous Zero Waste resolutions that have been
approved by the Council. On December 19, 2007, the Council adopted Resolution No. 356-07,
Draft 2, "A Resolution to Embrace and Adopt the Principles of Zero Waste as a Long-Term Goal
for Hawai`i County." On January 23, 2009, the Council adopted Resolution No. 826-08, Draft 2,
which urged the Director of the Department of Environmental Management to develop an
ordinance and implement a plan to prohibit food, paper, and compostable organics from Hawai`i
County landfills by 2012. The target year of 2012 has passed and there is no ordinance and
implementation plan in place that prohibits the landfilling of food, paper, and compostable
organics. On April 17, 2012, the Council adopted Resolution 232-12, Draft 2, "A Resolution
Urging the Mayor to Develop and Implement a Fully Funded Diversion Grants Pilot Program for
the County of Hawai`i"_ The Council's intention for the County to adopt Zero Waste policies is
also articulated in Resolutions: No. 356-07, Draft 2; "A Resolution to Embrace and Adopt the
Principles of Zero Waste as a Long-Term Goal for Hawai`i County"; and most recently in
Resolution No. 525-14 "A Resolution Strongly Urging the Director of the Department of
Environmental Management to Increase the Diversion Rate of Solid Waste as Recommended in
the 2009 Zero Waste Implementation Plan for the County of Hawai`i."
2. Bill No. 33 is amended by amending SECTION 3 to read as follows:
"SECTION 3. Chapter 20, article 3, section 20-31, Hawai`i County Code 1983
(2005 Edition, as amended), is amended by adding the definitions of"compostables"
and "recyclables"to be appropriately inserted and to read as follows:
""Compostables" means recyclable materials typically originating from plant
or animal sources, which may be broken down by other living organisms.
Compostables include, but are not limited to, green waste, [pfeeeftsumed pre-
consumer produce, food scraps, and soiled paper[, . -: . :: _ .:. . - . . • ]. The
term does not include plastics, foamed polystyrene (styrofoam), human waste,
biosolids (sewage sludge), and slaughterhouse waste."
""Recyclables" are discarded materials that can be reused or remade into
other useable material.'
July 22, 2015
Page 3 of 13
3. Bill No. 33 is amended by amending SECTION 4 to read as follows:
"SECTION 4. Chapter 20, article 3, section 20-31, Hawaii County Code 1983
(2005 Edition, as amended), is amended by amending the definition of"Refuse"to read
as follows:
'Refuse" means any discarded or disposable matter, including
garbage, rubbish, swill, excluding compostables[;] and other recyclables.""
4. Bill No. 33 is amended by amending SECTION 5 to read as follows:
"SECTION 5. Chapter 20, article 3, section 20-35, Hawaii County Code 1983
(2005 Edition, as amended), by adding a new subsection (h) to read as follows:
"(h) There shall be an additional fee of[S4-200] $400 annually, or as may be
prorated on a quarterly basis, for commercial haulers hauling loads of
[6] six cubic yards or less of source separated materials, including
compostables and [recyclable,] recyclables, to obtain a permit to
dispose of the separated materials at county-funded transfer stations.
transfer stations for separated recyclables and compostables.]""
5. Bill No. 33 is amended by amending SECTION 6 to read as follows:
"SECTION 6. Chapter 20, article 3, section 20-36, Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 20-36. Refuse removal business; restrictions.
(a) Any vehicle used for the collection and removal of refuse shall be kept
in a clean, inoffensive, and sanitary condition.
(b) All refuse shall be handled and hauled in such a manner so as to
prevent the scattering, spilling, or leaking of[the] refuse.
(c) On or before January 1, 2018, all commercial haulers shall make
provision to collect source separated materials and prevent their
comingling when such materials are presented to them for [pick up.]
pick up.
(d) Commercial haulers hauling in a Type I truck (Light) or a Type II truck
(Medium) that have obtained and display a valid permit for use of
[county funded] County-funded transfer stations are permitted to
dispose of source separated materials at [county funded] County-
funded transfer stations regardless of whether these materials were
generated by residential, business, non-profit,or institutional
customers.
July 22, 2015
Page 4 of 13
(e) Certain transfer stations [will] may from time to time be designated and
determined to be [incompatible] unavailable for use by businesses or
commercial activities. [Use of these designated transfer stations by
business or commercial activities shall be prohibited after July 1, 1989,
cyxcept as authorized by written permit with conditions set forth by the
director.] In the event that a transfer station is designated as unavailable
for commercial use, other than in cases of exigent circumstances, the
director shall give advance notice by posting at the transfer station, that
the transfer station will be unavailable for use by businesses and
commercial activities, and shall state the anticipated period of this
closure.
(f) No person, business, Federal or State agency, religious entity or
nonprofit organization shall, at any County solid waste facility, dispose
of any rubbish, prohibited materials or refuse which has been brought
into the County of Hawai`i as rubbish, prohibited materials or refuse
from outside of the County of Hawai`i. This subsection shall not apply
to refuse generated en route in the ordinary course of business by
aircraft or maritime passengers or crew, incidental to operations of
aircraft or maritime traffic arriving in the County.
(g) Violation of these restrictions will be subject to the penalties of this
article as well as revocation of the businesses' baggage and freight
license.'
6. Bill No. 33 is amended by amending SECTION 7 to read as follows:
"SECTION 7. Chapter 20, article 3 of the Hawaii County Code 1983 (2005
Edition, as amended) is amended by adding a new section to be appropriately
designated and to read as follows:
"Section 20-_. Facility for [Disposal] disposal of compostables or
recyclables unavailable.
[(a) Landfilling of any compostable or recyclable material is prohibited in
any landfill or facility container intended for transfer to any landfill
beginning on January 1, 2018.
(b)] In the event that a container for compostable or recyclable material is
unavailable at any transfer station or disposal facility at a landfill, the
person disposing of these materials in a container for landfill waste
shall not be penalized.""
July 22, 2015
Page 5 of 13
7. Bill No. 33 is amended by amending SECTION 8 to read as follows:
"SECTION 8. Chapter 20, article 5, section 20-43, Hawai`i County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 20-43. Acceptance of refuse for disposal; restrictions.
(a) Acceptance at landfills or other similar disposal areas.
(1) Any person having any nonprohibited rubbish, unburnable material, or
refuse, excluding garbage, in the County, which is not acceptable at a
transfer station, is authorized by the department to enter into and properly
deposit such material into the designated area of the landfill on any day
during the normal working hours of the landfill. All permitted materials,
when properly deposited, shall be accepted by the department.
(2) Any person having any large or bulky material, such as a car, water heater
or properly altered stove or refrigerator which does not contain any garbage,
refuse, swill or any other rubbish at the time of disposal, is authorized by the
department to enter into and properly deposit such material into the
designated area of the landfill on any weekday during the normal working
hours of the landfill. All permitted materials, when properly deposited, shall
be accepted by the department.
(3) Any person having any small dead animal, such as a dog or cat, as well as
garbage, is authorized by the department to enter into and properly deposit
such material into the designated area of the landfill from 7:00 a.m. to 3:00
p.m. Permitted small dead animals and garbage, when properly deposited,
shall be accepted by the department.
(4) Any unauthorized person entering into the landfill during nonworking hours
or for purposes other than that permitted in this section shall be considered
to be a trespasser, and shall be subject to the penalties of this article.
(b) Acceptance at transfer stations.
(1) Owner or occupant disposal of household refuse, compostables, and
recyclables at transfer stations:
(A) All acceptable household refuse, including [ -. . .. . . .
trimmings,] compostables and other recyclables, [depositcd into the
transfer station solid waste container] shall be accepted by the County
for disposal on any day during normal working hours of the station[7]1
provided all such materials are sorted and disposed of as directed at the
transfer station. No item shall exceed four feet in any dimension or
weigh more than fifty pounds.
(B) There shall be no charge for owner or occupant disposal of landfill
refuse provided the owner or occupant disposes of no more than three
thirty-three gallon bags of landfill refuse per day.
(2) Commercial and large quantity owner or occupant disposal of refuse at
transfer stations.
(A) All persons, other than owners or occupants disposing of refuse in the
amount of three thirty-three gallon bags of refuse or less per day, shall
July 22, 2015
Page 6 of 13
be charged for the disposal of landfill refuse based on the fee of$85
per ton of refuse, or, as prescribed by the director the equivalent fee
for refuse measured in cubic yards.
(B) [Beginning on July 1, 2015, commercial] Commercial haulers
displaying a valid permit for use of[County funded] County-funded
transfer stations are not prohibited from disposing of source separated
materials at [any] designated transfer stations, provided all such
separated materials are sorted and disposed of as directed at the
transfer station.
(3) [Prohibited materials shall include, other] Other than as permitted in the
case of commercial haulers displaying a valid permit for use of[County
funded] County-funded transfer stations, disposal of the following materials
is prohibited at transfer stations: all commercially hauled rubbish, garbage,
swill,or refuse, prohibited materials as defined by the State department of
health and partially listed herein, refuse generated by a business, Federal or
State agency, religious entity or nonprofit organization, construction or
demolition wastes, abandoned vehicles, and dead animals, animal carcasses,
and other similar organic wastes.
(c) Except as permitted by the director, no material resulting from construction, land
clearing, wrecking of any building or structure, or wastes generated by
manufacturing or industrial processes shall be acceptable for disposal in any
County disposal facility.
(d) Improper depositing of any material in any County landfill or transfer station is
considered to be littering, and violators will be subject to the penalties of this
article.""
8. Bill No. 33 is amended by amending SECTION 9 to read as follows:
"SECTION 9. Chapter 20, article 5, section 20-52, Hawai`i County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 20-52. Exemptions.
(a) During a time of declared emergency the mayor may, by executive order, direct
the transportation of materials from a transfer station to a landfill as deemed
practicable and necessary.
(b) [Under the circumstances set forth below,] For purposes of island-wide efficiency,
the director may direct the [transportation] transport of refuse, other than
compostables and recyclables, from any transfer station to either landfill under,
but not limited to, the following conditions:
(1) When [transporting] transport to the alternative landfill would avoid penalty
fees;
(2) When [transporting] transport to the alternative landfill would meet
designated minimum volumes to qualify for discounted fees; or
(3) [Where] When repairs or improvements are being made at one of the
landfills."
July 22, 2015
Page 7 of 13
9. Bill No. 33 is amended by amending SECTION 12 to read as follows:
"SECTION 12. This ordinance shall take effect [upon-appfevall on January 1,
2016.
A draft copy of Bill No. 33, Draft 2, is attached with the amendments incorporated therein.
July 22, 2015
Page 8 of 13
AN ORDINANCE AMENDING: CHAPTER 2,ARTICLE 40, SECTION 2-202;
CHAPTER 20, ARTICLE 3, SECTIONS 20-31,20-35, AND 20-36; AND CHAPTER 20,
ARTICLE 5, SECTIONS 20-43 AND SECTION 20-52, AND ADDING A NEW SECTION
TO CHAPTER 20, ARTICLE 3, OF THE HAWAII COUNTY CODE 1983 (2005
EDITION,AS AMENDED), RELATING TO REFUSE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings and Purpose.
The principles of zero waste emphasize a resource management approach by way of
programs aimed at"reduce, reuse, and recycle." By diverting these materials from the waste
stream, the Council aims to extend the lifespan of the existing landfills, provide for the near
future closure of the East Hawai`i Sanitary Landfill, and avoid consideration of construction of a
mass burn incinerator or an additional landfill site.
This ordinance will allow the Director of Environmental Management to manage the
trucking of trash in a more economical manner by affording small commercial hauling
operations the opportunity to utilize the transfer stations for loads of six cubic yards or less. The
Department will accommodate commercial haulers who have obtained a permit to dispose of
rubbish in designated categories at transfer stations by allowing hauling to the transfer stations
upon payment based on estimated cubic yard loads.
This ordinance will allow the owner or occupant of any residence to dispose of up to three
thirty-three gallon bags of landfill rubbish per day at designated transfer stations. Commercial
haulers and the owner or occupant of any residence disposing of in excess of three thirty-three
gallon bags of landfill rubbish at transfer stations will be charged a fee for the excess. For
purposes of measuring the size of a load at the transfer station, three thirty-three gallon bags of
landfill rubbish shall be deemed to be the equivalent of a half of a cubic yard.
The owner or occupant of any residence hauling household rubbish shall not incur any fee
for any amount of green waste that is sorted and disposed of as directed at the transfer station or
landfill. Commercial haulers hauling only green waste will be charged one-fourth the landfill
rate.
Beginning on or after July 1, 2017, at such times and locations as composting operations
become available at designated transfer stations and at the landfills operations, commercial
haulers will be charged for any sorted compostables at the same rate as for green waste, rather
than at the higher landfill rate.
This Ordinance will implement numerous Zero Waste resolutions that have been approved
by the Council. On December 19, 2007, the Council adopted Resolution No. 356-07, Draft 2, "A
Resolution to Embrace and Adopt the Principles of Zero Waste as a Long-Term Goal for Hawai`i
County." On January 23, 2009, the Council adopted Resolution No. 826-08, Draft 2, which urged
July 22, 2015
Page 9 of 13
the Director of the Department of Environmental Management to develop an ordinance and
implement a plan to prohibit food, paper, and compostable organics from Hawai`i County
landfills by 2012. The target year of 2012 has passed and there is no ordinance and
implementation plan in place that prohibits the landfilling of food, paper, and compostable
organics. On April 17, 2012, the Council adopted Resolution 232-12, Draft 2, "A Resolution
Urging the Mayor to Develop and Implement a Fully Funded Diversion Grants Pilot Program for
the County of Hawai`i",The Council's intention for the County to adopt Zero Waste policies is
also articulated in Resolutions: No. 356-07, Draft 2; "A Resolution to Embrace and Adopt the
Principles of Zero Waste as a Long-Term Goal for Hawai`i County"; and most recently in
Resolution No. 525-14 "A Resolution Strongly Urging the Director of the Department of
Environmental Management to Increase the Diversion Rate of Solid Waste as Recommended in
the 2009 Zero Waste Implementation Plan for the County of Hawai`i."
SECTION 2. Chapter 2, article 40, section 2-202, Hawai`i County Code 1983 (2005
Edition, as amended), is amended to read as follows:
"Section 2-202. Powers, duties and functions. The department of environmental
management shall manage solid waste, wastewater, [and] recycling, and composting programs of
the County, and exercise other functions prescribed by ordinance. The department shall
administer this article as well as chapters 20 and 21 through the director. The director may
delegate to any person such power and authority vested in the director as the director deems
reasonable and proper for the effective administration of these chapters, except the power to
make rules. The director may adopt, amend,and repeal rules relating to solid waste, wastewater,
[ ] recycling[:], and composting."
SECTION 3. Chapter 20, article 3, section 20-31, Hawai`i County Code 1983 (2005
Edition, as amended), is amended by adding the definitions of"compostables" and "recyclables"
to be appropriately inserted and to read as follows:
"Compostables" means recyclable materials typically originating from plant or animal
sources, which may be broken down by other living organisms. Compostables include, but are
not limited to, green waste, pre-consumer produce, food scraps, and soiled paper. The term does
not include plastics, foamed polystyrene (styrofoam), human waste, biosolids (sewage sludge),
and slaughterhouse waste."
""Recyclables" are discarded materials that can be reused or remade into other useable
material."
SECTION 4. Chapter 20, article 3, section 20-31, Hawai`i County Code 1983 (2005
Edition, as amended), is amended by amending the definition of"Refuse"to read as follows:
'Refuse"means any discarded or disposable matter, including garbage, rubbish, [and]
swill[.-], excluding compostables and other recyclables."
July 22, 2015
Page 10 of 13
SECTION 5. Chapter 20, article 3, section 20-35, Hawai`i County Code 1983 (2005
Edition, as amended), by adding a new subsection (h) to read as follows:
"(h) There shall be an additional fee of$400 annually, or as may be prorated on a quarterly
basis, for commercial haulers hauling loads of six cubic yards or less of source separated
materials, including compostables and recyclables, to obtain a permit to dispose of the
separated materials at county-funded transfer stations."
SECTION 6. Chapter 20, article 3, section 20-36, Hawai`i County Code 1983 (2005
Edition, as amended), is amended to read as follows:
"Section 20-36. Refuse removal business; restrictions.
(a) Any vehicle used for the collection and removal of refuse shall be kept in a clean,
inoffensive, and sanitary condition.
(b) All refuse shall be handled and hauled in such a manner so as to prevent the scattering,
spilling, or leaking of[the] refuse.
(c) On or before January 1, 2018, all commercial haulers shall make provision to collect source
separated materials and prevent their comingling when such materials are presented to
them for pick up.
(d) Commercial haulers hauling in a Type I truck (Light) or a Type II truck(Medium) that
have obtained and display a valid permit for use of County-funded transfer stations are
permitted to dispose of source separated materials at County-funded transfer stations
regardless of whether these materials were generated by residential, business, non-profit, or
institutional customers.
(e) Certain transfer stations [ ] may from time to time be designated and determined to be
[incompatible] unavailable for use by businesses 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
director.] In the event that a transfer station is designated as unavailable for commercial
use, other than in cases of exigent circumstances, the director shall give advance notice by
posting at the transfer station, that the transfer station will be unavailable for use by
businesses and commercial activities, and shall state the anticipated period of this closure.
[(d)](f)No person, business, Federal or State agency, religious entity or nonprofit organization
shall, at any County solid waste facility, dispose of any rubbish, prohibited materials or
refuse which has been brought into the County of Hawai`i as rubbish, prohibited materials
or refuse from outside of the County of Hawai`i. This subsection shall not apply to refuse
generated en route in the ordinary course of business by aircraft or maritime passengers or
crew, incidental to operations of aircraft or maritime traffic arriving in the County.
[(e)](g)Violation of these restrictions will be subject to the penalties of this article as well as
revocation of the businesses' baggage and freight license."
July 22, 2015
Page 11 of 13
SECTION 7. Chapter 20, article 3 of the Hawaii County Code 1983 (2005 Edition, as
amended) is amended by adding a new section to be appropriately designated and to read as
follows:
"Section 20- . Facility for disposal of compostables or recyclables unavailable.
In the event that a container for compostable or recyclable material is unavailable at any transfer
station or disposal facility at a landfill, the person disposing of these materials in a container for
landfill waste shall not be penalized."
SECTION 8. Chapter 20, article 5, section 20-43, Hawai`i County Code 1983 (2005
Edition, as amended), is amended to read as follows:
"Section 20-43. Acceptance of refuse for disposal; restrictions.
(a) Acceptance at landfills or other similar disposal areas.
(1) Any person having any nonprohibited rubbish, unburnable material, or refuse,
excluding garbage, in the County, which is not acceptable at a transfer station, is
authorized by the department to enter into and properly deposit such material into the
designated area of the landfill on any day during the normal working hours of the
landfill. All permitted materials, when properly deposited, shall be accepted by the
department.
(2) Any person having any large or bulky material, such as a car, water heater or properly
altered stove or refrigerator which does not contain any garbage, refuse, swill or any
other rubbish at the time of disposal, is authorized by the department to enter into and
properly deposit such material into the designated area of the landfill on any weekday
during the normal working hours of the landfill. All permitted materials, when
properly deposited, shall be accepted by the department.
(3) Any person having any small dead animal, such as a dog or cat, as well as garbage, is
authorized by the department to enter into and properly deposit such material into the
designated area of the landfill from 7:00 a.m. to 3:00 p.m. Permitted small dead
animals and garbage, when properly deposited, shall be accepted by the department.
(4) Any unauthorized person entering into the landfill during nonworking hours or for
purposes other than that permitted in this section shall be considered to be a
trespasser, and shall be subject to the penalties of this article.
(b) Acceptance at transfer stations.
(1) Owner or occupant disposal of household refuse, compostables, and recyclables at
transfer stations:
(A) All acceptable household refuse, including [shrubbery and yard trimmings,]
compostables and other recyclables, [deposited into the transfer station solid
waste container] shall be accepted by the County for disposal on any day during
normal working hours of the station[:],provided all such materials are sorted
and disposed of as directed at the transfer station. No item shall exceed four feet
in any dimension or weigh more than fifty pounds.
(B) There shall be no charge for owner or occupant disposal of landfill refuse
provided the owner or occupant disposes of no more than three thirty-three
gallon bags of landfill refuse per day.
July 22, 2015
Page 12 of 13
(2) Commercial and large quantity owner or occupant disposal of refuse at transfer
stations.
(A) All persons, other than owners or occupants disposing of refuse in the amount
of three thirty-three gallon bags of refuse or less per day, shall be charged for
the disposal of landfill refuse based on the fee of$85 per ton of refuse, or, as
prescribed by the director the equivalent fee for refuse measured in cubic yards.
(B) Commercial haulers displaying a valid permit for use of County-funded transfer
stations are not prohibited from disposing of source separated materials at
designated transfer stations, provided all such separated materials are sorted and
disposed of as directed at the transfer station.
(3) [' - .• . - '. • .1-] Other than as permitted in the case of
commercial haulers displaying a valid permit for use of County-funded transfer
stations, disposal of the following materials is prohibited at transfer stations: all
commercially hauled rubbish, garbage, swill or refuse, prohibited materials as
defined by the State department of health and partially listed herein, refuse
generated by a business, Federal or State agency, religious entity or nonprofit
organization, construction or demolition wastes, abandoned vehicles, and dead
animals, animal carcasses,and other similar organic wastes.
(c) Except as permitted by the director, no material resulting from construction, land clearing,
wrecking of any building or structure, or wastes generated by manufacturing[,] or
industrial[, or agricultural] processes [such as meat, fish, poultry, vegetable, or fruit
processing] shall be acceptable for disposal in any County disposal facility.
(d) Improper depositing of any material in any County landfill or transfer station is considered
to be littering, and violators will be subject to the penalties of this article."
SECTION 9. Chapter 20, article 5, section 20-52, Hawai`i County Code 1983 (2005
Edition, as amended), is amended to read as follows:
"Section 20-52. Exemptions.
(a) During a time of declared emergency the mayor may, by executive order, direct the
transportation of materials from a transfer station to a landfill as deemed practicable and
necessary.
(b) For purposes of island-wide efficiency, the director may direct the transport of refuse, other
than compostables and recyclables, from any transfer station to either landfill under,but not
limited to, the following conditions:
(1) When transport to the alternative landfill would avoid penalty fees;
(2) When transport to the alternative landfill would meet designated minimum volumes
to qualify for discounted fees; or
(3) When repairs or improvements are being made at one of the landfills."
SECTION 10. 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.
July 22, 2015
Page 13 of 13
SECTION 11. 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 12. This ordinance shall take effect on January 1, 2016.