HomeMy WebLinkAboutBIL 192 Draft 03 2016-2018 Hawai`i County Council-4 January 23,2019
Bill 192: AMENDS CHAPTER 2, ARTICLE 40, SECTION 2-202, AND CHAPTER 14,
(Draft 3) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
(2016-2018) RELATING TO THE DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT
Establishes an Environmental Quality Control program to mitigate nuisance
factors at County facilities, under the control of the department, such as
improperly-handled refuse and wastewater, invasive plants, and feral cats, dogs,
and pigs.
Reference: Comm. 1083.23
Intr. by: Ms. O'Hara
Negative: AWEEMC-3 (Due to a vote of 9-noes)
FAILED DUE TO LACK OF MOTION
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BILL NO. 192
(DRAFT 3)
ORDINANCE NO.
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 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 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 under the control of the
department in Hawai`i 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 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 under the
control of the department.
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
Countyfacilities 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 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.
INTRODUCED BY:
A/ Lim
COUNCIL MEMBE' OUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1137.38
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