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HomeMy WebLinkAboutCOM 0200.004 2014-2016Margaret Wille Council Member District 9 - North and South Kohala Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 HAWAII COUNTY COUNCIL County of Hawai 'i Holomua Center 64-1067 Mamalahoa Highway, Suite C-5 Waimea, Hawaii 96743 Phone No. Hilo: (808) 961-8027 Phone No. Waimea: (808) 887-2043 Fax No.: (808) 887-2072 E -Mail: mwille@co.hawaii.hi.us West Hawai 'i Civic Center Bldg. A 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawai'i,96740 TO: Dru Mamo Kanuha, Council Chair n and Members of the Hawaii Co t Council �„ o FROM: argaret Wille, Council Mem DATE: July 23, 2015 = _, -1 SUBJECT: Proposed Amendments to Bill No. 33; Relating to Refuse. w 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 Hawaii 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 allowinghauling to the transfer stations upon payment of an annual or prorated quarterly The owner or occgpant of any residence hauling household rubbish shall not incur anfee ee at any transfer station. 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 Comm. No. 20a�i Ref. To:�- Serving the Interests of the People of Our Island Ref. Date, JUL 2 95 Hawai `i County Is An Equal Opportunity Provider And Employer July 23, 2015 Page 2 of 11 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 Hawaii 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 Hawaii 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 Hawaii"_ 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 Hawaii 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, Hawaii 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[, and biodegradable plastics]. The term does not include plastics foamed polysWene (styrofoam), human waste, biosolids (sewage sludge), and slaughterhouse waste." ""Recyclables" are discarded materials that can be reused or remade into other useable material."" July 23, 2015 Page 3 of 11 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 $1200 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 [Feeyelable-,] recyclables, to obtain a permit to dispose of the separated materials at county -funded transfer stations. [No additional fee shall be ehar-ge�_ to e-offi-me-reial haulers at the ].e.. 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 haulingin n 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 [eeunty funded] Coup - funded transfer stations regardless of whether these materials were generated by residential, business, non-profit., or institutional customers. July 23, 2015 Page 4 of 11 (e) Certain transfer stations [will] may from time to time be designated and determined to be [ineempatibi] unavailable for use by businesses or commercial activities. [use of these designated transfer- station& -by i_usiness 1 aetivities shall be prohibited after My 1 19895 exeepty vvfiaen permit with conditions set fefth by the direeter. 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 Hawaii as rubbish, prohibited materials or refuse from outside of the County of Hawaii. 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 eempestable or- prohibited any landfior-ll f lit nt o Mended f .-+ru.,iisa.aa � r - any to 1.,n f;ll beginning on T., ry 1, 2018. (b)] In the event that a container for compostable or recyclable material is unavailable at any designated transfer station or disposal facility at a landfill, [the per -so ] a commercial hauler disposing of these materials in a container for landfill waste shall not be penalized."" July 23, 2015 Page 5 of 11 7. Bill No. 33 is amended by amending SECTION 8 to read as follows: "SECTION 8. Chapter 20, article 5, section 20-43, Hawaii 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: LA, All acceptable household refuse, including [sl tr-iffifnings,] compostables and other recyclables, [depesitea inte the transfer- statim solid waste entainer] shall be accepted by the County for disposal on any day during normal working hours of the station. No item shall exceed four feet in any dimension or weigh more than fifty pounds. ( There shall be no charge for owner or occupant disposal of landfill refuse. (2) Commercial disposal of refuse at transfer stations. [Beginning „„ julyl, 2015, ee eial 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. July 23, 2015 Page 6of11 (3) [Prohibited materials shy inelude, ether] 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, Hawaii 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 -a t t forth b '.c•:.,] 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) [mere] When repairs or improvements are being made at one of the landfills." 9. Bill No. 33 is amended by amending SECTION 12 to read as follows: "SECTION 12. This ordinance shall take effect [upon appreon JanuM 1, 2016. A draft copy of Bill No. 33, Draft 2, is attached with the amendments incorporated therein. July 23, 2015 Page 7 of 11 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 Hawaii 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 of an annual or prorated fee. The owner or occupant of any residence hauling household rubbish shall not incur any fee at any transfer station. 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 Hawaii 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 Hawaii 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 Hawaii"_ 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 July 23, 2015 Page 8of11 Principles of Zero Waste as a Long -Term Goal for Hawaii 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, Hawaii 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_, [and] recycling[...], and composting." SECTION 3. Chapter 20, article 3, section 20-31, Hawaii 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, 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., [and] swill[.-] excluding compostables and other recyclables." 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: There shall be an additional fee of $1200 annually, or as mawprorated 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." July 23, 2015 Page 9 of 11 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. Commercial haulers haulingin n 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. Le) Certain transfer stations [wi]l] may from time to time be designated and determined to be [' ] unavailable for use by businesses or commercial activities. [Tose of these designated •! + fer- stations by bin oeammer-eial +' +' • shall1 1 b ibite .,ate, LV 11 11U1L1 V11J set fbi4h 1 the > > > r ,. „ i o direeton 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 Hawaii as rubbish, prohibited materials or refuse from outside of the County of Hawaii. 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)]fg)Violation of these restrictions will be subject to the penalties of this article as well as revocation of the businesses' baggage and freight license." 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 designated transfer station or disposal facility at a landfill a commercial hauler disposing of these materials in a container for landfill waste shall not be penalized." July 23, 2015 Page 10 of 11 SECTION 8. Chapter 20, article 5, section 20-43, Hawaii 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: All acceptable household refuse, including [shmbbery and yard trimmings,] compostables and other recyclables, [depesited into the t-Fansfer station so i ante ,.,,.,*aine,.] shall be accepted by the County for disposal on any day during normal working hours of the station. No item shall exceed four feet in any dimension or weigh more than fifty pounds. (BI There shall be no charge for owner or occupant disposal of landfill refuse. (2) Commercial disposal of refuse at transfer stations. 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. [Prohibited materials shall inelude] 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. July 23, 2015 Page 11 of 11 (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 ,.',-rail processes [sueh fish, '�vegetable, or- z uit preeessing] 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, Hawaii 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. 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: (11) When transport to the alternative landfill would avoid penalty fees; When transport to the alternative landfill would meet designated minimum volumes to qualify for discounted fees; or 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. 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.