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Home My WebLink AboutCOM 1083.001 2016-2018 Eileen O'Hara . -t;-os;;•• Phone: (808) 965-2712 • Fax: (808) 961-8912 Council Member = `��`' ��' ` Email: eileen.ohara@hawaiicounty.gov Council District 4 �,'l!�' Chair: Environmental Vice Chair PlanningCommittee and '•. •.,�_ _;.;:' Management Committee +r�TE "°•'� = Mana I Agriculture, Water&Energy oFN� - 9 Sustainability Committee County of Hawaii Hawaii County Council 25 Aupuni Street, Suite 1402 • Hilo, Hawaii 96720 c3 Q n DATE: October 15, 2018 -3 -�-i - TO: Valerie T. Poindexter, Chair Ln Hawaii County Council = rte~ Crir FROM: \P Eileen O'Hara, Council Member ._. ,c° Hawai`i County Council SUBJECT: Proposed Amendments to Bill No. 192, an Ordinance Amending Chapter 2, Article 40, Section 2-202, and Chapter 14, of the Hawai`i County Code 1983 (2016 Edition, as Amended), Relating to the Department of Environmental Management. Attached please find proposed amendments to Bill No. 192. The proposed amendments are illustrated below in Ramseyer format with respect to the contents of Bill No. 192; material to be deleted is bracketed and stricken, and material to be added is underscored. 1. SECTION 1 OF Bill No. 192, is amended to read as follows: "SECTION 1. Chapter 2, article 40, section 2-202, of the Hawai`i County Code 1983 (2016 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 programs of the County, a comprehensive environmental quality control program to assess and address current and potential negative environmental [issues] or human impacts at County facilities and on County owned properties[;] under the control of the department, 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, environmental quality control matters, and recycling.' Comm. No. [ 0 g3./ Ref. To: P ll;it4C_ Ref. Date OCT 16 2018 Hawai`i County is an Equal Opportunity Provider and Employer. 2. SECTION 2 OF Bill No. 192, is amended to read as follows: "SECTION 2. Chapter 14, of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended by adding a new article to be appropriately designated and to read as follows: "Article_. Environmental Quality Control Program. "Section 14-_. Purpose. The purpose of this article is to: (1) [Require] Promote the wise management of our waste by requiring the control of nuisance factors at County facilities and on County owned properties under the control of the department that impact environmental and human health; and (2) Develop and implement best practices for a comprehensive environmental quality control program for County facilities and properties under the control of the department in Hawaii County. Section 14-_. Definitions. As used in this article: "Department"means the department of environmental management. "Environmental quality control"means to control nuisance factors at County facilities and on County owned properties under the control of the department, that impact environmental and human health, including, but not limited to, illegally disposed refuse and wastewater, and biological nuisances such as [invasive plant species,] feral cats, dogs, and [pigs:] other animals abandoned, left as waste or that have otherwise established themselves at County facilities or properties under the control of the department. Section 14-_. Administration. (a) Pursuant to chapter 2, article 40, section 2-202, the department [of environmental management] shall establish best practices for a comprehensive environmental quality control program for County facilities and on County owned properties under the control of the department in Hawai`i County. (b) The director of the department shall administer this article by [preying] requesting sufficient resources [within] for the department to effectively develop and apply this program to County facilities and on County owned properties under the control of the department in Hawai`i County." A draft copy of the proposed draft 2 of Bill No. 192, that would result from adoption of these proposed changes is attached for your information and review. Thank you for your attention to this matter. EO:bl/lc Att. 2 L AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 40, SECTION 2-202, AND CHAPTER 14, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED), RELATING TO THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, article 40, section 2-202, of the Hawai`i County Code 1983 (2016 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 programs of the County, a comprehensive environmental quality control program to assess and address current and potential negative environmental or human impacts at County facilities and on County owned properties under the control of the department, 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, environmental quality control matters, and recycling." SECTION 2. Chapter 14, of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended by adding a new article to be appropriately designated and to read as follows: "Article . Environmental Quality Control Program. Section 14- . Purpose. The purpose of this article is to: (1) Promote the wise management of our waste by requiring the control of nuisance factors at County facilities and on County owned properties under the control of the department that impact environmental and human health; and (2) Develop and implement best practices for a comprehensive environmental quality control program for County facilities and properties under the control of the department in Hawaii County. Section 14- . Definitions. As used in this article: "Department"means the department of environmental management. "Environmentalqualitycontrol"means to control nuisance factors at County facilities and on County owned properties under the control of the department, that impact environmental and human health, including, but not limited to, illegally disposed refuse and wastewater, and biological nuisances such as feral cats, dogs, and other animals abandoned, left as waste or that have otherwise established themselves at County facilities or properties under the control of the department. 3 Section 14- . Administration. (a) Pursuant to chapter 2, article 40, section 2-202, the department shall establish best practices for a comprehensive environmental quality control program for County facilities and on County owned properties under the control of the department in Hawai`i County. (b) The director of the department shall administer this article by requesting sufficient resources for the department to effectively develop and apply this program to County facilities and on County owned properties under the control of the department in Hawai`i County." SECTION 3. New material is underscored. In printing this ordinance, the underscoring need not be included. SECTION 4. Severability. 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. 4