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HomeMy WebLinkAboutBIL 204 Draft 01 2014-2016OFFICE INFORMATION ONLY Meeting: Environmental Management Committee—May 3, 2016 Action: Referred to Environmental Management Director and Commission; never taken up again. Negative recommendation received from Director and Commission via Comm. 854.3 dated May 31. 2016. Re: Bill 204; Comm. 854 (2014-2016 term) COUNTY OF HAWAII oJMt-4 os 01.4w 4� :4 art OF•N':A ORDINANCE NO. STATE OF HAWAII BILL NO. 204 AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 3 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) BY ADDING A NEW SECTION RELATING TO PUBLIC EDUCATION FOR REDUCTION OF POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE CONTAINERS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Findings and purpose. The Council finds that solid waste that is non -degradable or non -recyclable poses unique problems for the County of Hawai `i. Disposal of such waste either takes up valuable space in our landfills or ends up as litter, sometimes in our marine environment. Reduction of the amount of non -degradable and non -recyclable waste that enters the waste stream is consistent with and furthers the goals of the County's Integrated Resource and Solid Waste Management Plan and its adopted Zero Waste policy and promotes the health, safety, and welfare of the County and its residents. The purpose of this ordinance is to address a significant source of non-degradable/non- recyclable waste by establishing an educational outreach program through the Department of Environmental Management that will promote alternatives to polystyrene foam disposable food service containers. SECTION 2. 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- Public education for reduction of polystyrene foam disposable food service containers. (a) As used in this section unless the context clearly requires otherwise: "Disposable" means not intended for reuse. "Food service containers" includes plates bowls cups clamshell packaging and other products intended to hold food for consumption. "Food service establishment" means any business or nonprofit organization engaged in providing or selling food for public consumption. "Polystyrene foam" means a thermoplastic petrochemical material utilizing the styrene monomer, which may be marked with resin symbol No. 6 processed by any number of techniques including but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding and extrusion -blow molding (extruded foam polystyrene) sometimes referred to as Styrofoam a Dow Chemical Company trademarked form of polystyrene foam insulation In food service polystyrene foam is generally used to make cups, bowls.dates meat trays and egg cartons intended for a single use. b) Within one hundred eighty days of the effective date of this ordinance the director shall establish rules for a public education campaign to reduce the use of polystyrene foam disposable food service containers. The director shall: (1) Establish an education program for businesses nonprofit organizations, and the general public regarding biodegradable alternatives to polystyrene foam disposable food service containers Such a program may include the distribution of placards to recognize businesses and nonprofit organizations that do not use polystyrene foam disposable food service containers in their food service operations. (2) Submit to the council a reportto be filed no later than July I of each year, which shall include: (A) A listing of food service establishments that currently do not use polystyrene foam disposable food service containers. (B) A listing of food service establishments that have committed to making the transition from polystyrene foam disposable food service containers to containers made of biodegradable materials during the previous calendar year. (C) An estimate of the number of polystyrene foam disposable food service T containers sold and deposited in county landfills in the previous year." SECTION 3. Material to be added is underscored. In printing this ordinance, the 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 upon approval. INTRODUCED BY: o CIL l, ��BER, COUV�Y O�F HAWAPI Hawai `i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 854