HomeMy WebLinkAbout20-12-03 (Existing) Rules of Practice and Procedure of the Department of Environmental ManagementCOUNTY OF r A
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT'
RULES OF PRACTICE AND PROCEDURE
Page
RULE General Provisions •.. Mww.......... w........ www. N.........ww w.. www...... •... www...................... 1
1-1 General Applicability www .. w www ... www ... www www .. w, w w w w. w w ... .M .. www w w• www www w. w w. www w w w 1
1-2 Definitions w w w www ...... w www ... www ...... www www ... www .... w N . ...... . ,. www ...... w. w ww1..
-3 Accommodations for Persons with is�.,ul a� i fi 7i�
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KALE 2 How to Obtain Information Public Records .................................. 2
2-1 Public Records s www w w... www w ww... www......... www www w ww.. www www www w ww www www www......... www 2
LE 3 Dula a i l g Procedures .................. www w.. www Ma w ww.................... wa www www www www w w 2
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Initiation of Rulemaking Proceedings ................................. 2
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Notice of Public Hearing.......ww.............www................................ rw3w
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Conduct of Hearing . M ............, ... ...... ... w.,.. ... ....... w . ... ... .... ... ......... ....
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Action by Director ..............N..w..w..............M.w.wwww.w.iwww./w....w.wwww. 5
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Emergency AA l rr a 7 g........w...........w................................... .r5i
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Filing of Rule(s)........ ...... ....... ...... ... ...... ... ...... ...... ... .-. ......... . 5
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Effective Date....... w ......,. .. w ............... ..., ... .......................... 5
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Publication of Rules ..........w.................N.................................... 5
Lam, 4 Declaratory Rulings by the Department .............................. .5
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Petition ... .w........w........................ro.w.w.w. www ww....r.w..w..w.ww M.,., ww. w...Nw New. .... 5
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Submission of Petition ......w................ .......,...........►...................
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Dismissal of Petition ,M.. ................... w................... ...... ............ . .
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Refusal to Issue Declaratory Order.....w ............................... 6
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Referral to Other Agencies.N.......w....................................w.... 6
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Notification of Petitioner ............ ...... ... ............. ....... ..... ...... 6
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Status of Orders ..................w.....w..........w.................MM..............
ARTICLE 11 SOLIDWASTE, DIVISION ......... ...................... w......... ...............................,.....,.. 7
RULE 5 General Provisions ., .......: .........., ..............., ........... • .............. ..., ............. w .. 7
e5 - Purpose ...aw..................ww............ ................................
5- Applicability..w.ww........ww.ww........w..ww...ww...w..... ... w...ww w.. www r.. w.. ... r......
5-3 Definitions ......... w............................M....................................... 7
RULE 6 Disposal Permit for Sanitary Landfill and Reload Facility ............ 13
6-1 Requirements ..........................a..a,w,....gar.........r,.N.«N.....a.................. 13
6 - Variances ......... ............ ........ .......... ... ... .. ... ......... ...... ...... . 5
RULE 8 AI Facility AF
RULE 9
Transfer • IM, rr
RULE 11
Administrative e,
RULE 12 .Solid Waste Fees .................................................................. .N.N........... 23
1 - 1 Disposal Fees .................� ......................... �............ w......................�w.. s3lr
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lection ll Lion of s..¢.......... ....w......a........w....................raw...........,.... 2+..3.
12-rr3i Fee Schedule...w.........................................N..www ..N.................. 24
RULE 13 Derelict or Abandoned Vehicles Program ..................................... 26
13-1 Reporting a Derelict or Abandoned Vehicle ...................N 26
13-2 Removal of derelict or Abandoned vehicle ..................... 26
13-3 Vehicle Disposal Assistance Program ................................ a%
13-4 Auction of Abandoned Vehicles .......w................................. 27
RULE 14 Relating to Polystyrene Foam Food Container and
Food .service Ware Reduction ......................................................... 27
14 1 Purpose w.. -..,...................... ....... .......................... ...................27
14-2 Prohibitions and Requirements ents............................aw............ 2
14-3 Exemptions ............w.......w.........................•..............................
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14-4 Application for Exemption Due to Undue Hardship ........ 28
14-5 Duration, Renewal, and Revocation of Exemptions ........ 29
14-6 Administrative Fines...............wN.................................w.......... 2
1 4 - 7 Appeal ............ ... ...................., . ... . N ... . ... ...... ...... . ........... ... ............. ...
14-8 Emergency Exemption ................w...........................w. ... ....... .. 3
RULE 15 Plastic Bag Reduction...................w.................................................... 3
1- w, Prohibition ...... ...... .................... ... N .. .......... ...... ... ... w., ., N.... .. . ...... ...... 3
15-2 Exemption ............y.....................................................................3
1 5 a.. 3 Permissible Bags YI Y • ...... ...... ... .. ... .....w..... Ni ...... ... ......... .... .. ...... . . Mr� ,mow.
1 5, T Administrative Fines ........... ... .......................... . ... .......... 1
RULE, 16 General Provisions s www.... w. w............ www ........ a... www...... w........ www... www wows... www. www w s 3 1
1 6 Purpose ........w.....w.w.....w...www...w.....s..,.w....................................... 31
6-2 Authority .w.......w........ww....s........w...........s ...,.w.......,.......................... n.31
6- 3 Definitions .......w................. .....w.ww.....,..........,w..w............................. rri 2
RULE17 Public Sewers.......w.............................................................................. 3
7-Connection to Sewer Required ............................................ 3
RULE 18 Permit to Connect rDisconnect ...... ... ...... w w . www .. w ... .. .. ... ...... . . 35
8 - 1 Connect or Disconnect ...... ...., ... ....... .. .... .. w ..... .... w ...... .. w ...... ... 35
1 8-2, Inspections ....... ...........w.......................................................... 3 5
1 3 Administrative
is ra'W► e Fines ........,... ►..... w.., ......... w..................... +r3J r%
RULE9 Extensions ...,......................... . w ., . ... ...... .....w, -. .... .... .. . ... .. . .... .. ......... .. w.. w ... w ...� 3
19-1 Application for Serer Main Extensions ............................. 3
9-2 Payment of Costs ....... ....w......w..................................�+w3i 6
RULE21 aSr er tLa ge Haulers ....,..w.................................................................... .... 36
2 Se stage Hauler Discharge Permit Required ..................... 3
RULE 2 Sewer Service Charges ..w.......w...............w..s.........w...w....... ... ....wr.ww........ 3
22-1 Seger Service Charges for Residential and
Nonresidential Customers ei.rs ...... .w..4 .w. ... ... ... ..w. M..w....... ... ... ... ... 37
22-,2.. Billing of Charges; Payment; Late Penalty .............3 A
22.3 Discontinuation of Falter Servi
ce for Nonpayment
1 Sewer Service Charges .w ............................... s.w....w. w.......... 38
22- Restoration of Water Services ..,w.w..... .................................... 0
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1-2. Definitions. Unless otherwise statedl the following termis shall have the meanings
provided below for the Department of Environmental Management:
"Charter" means the Hawai'i County Charter, as amended!
"Department" means the Department of'Environ mental Management.
"Director" means the director of the Department of Environmental Management or the
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"Person wit�h Disability" meansi, with respect to an individual, a physical or ment
impairment which substantially limits one or more major life activities of such individual
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"Proceeding" means anIy matter that is brought before the Director, in wh�ich the
#epartment has jurisdiction including, but not, limited to, adoption, amendment, or, repe,al of
any rule of the Department.
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"Public Records" shall have the same meani i ng as i�s aeT , i;ned in Chapter 92 of th,e Hawal'i
Revised Statutes, and shall include all maps, rules, written statements of policy or
interpretation formulated, all decisions, orders, and records of any proceeding on file, but shall
not in;clude records which invade the right of privacy of an individual.
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,a) Every departmental hearing shall be hiield in an accessible location.
(b) Publications and notices, 'including hearing notifications/ shlall be available in
alternative formats, (such as large print, Braille, or electronic copy) upon
(c) Upon request and with sufficient notice, auxiliary aiid/service or other
accommodation due: to a disability shall be provided at a heariing.
2-1., Public Records., The public may obtain information regarding matters within the
jurisdiction of the Department at the Department's aidministrative office in the mainner
provided below. Copies of all rules of the Department may also be obtained at the Office of the
County Clerk.
(a) Inspection of Public Records. A request to inspect records may be made in
person or by submitting a reque�st in writing to the Director. All public records
shall be available for inspection by any person during established business
hours at the Department's administrative office, unless public inspection of
such records is in violation of any other county, state, or federal law. Where
such records are open under any rule of court, the corporaltioln counsel or
prosecuting attorney may determine which records may be withheld from
public inspection. These materials will be available in alternate formats upon
request.
(b) Copies of Public Records. Copies of records printed or reproduced for persons
othier than government agencies shall be, given to any person, provided that all
applicable fees or costs are paid.
(c) Denial of Inspection, Application to Circuit Court. Any person denied the right
to inspect any public record or to obtain copies may apply to the circuit court
for an order di,reicting the custodian of records to permit the inspection of', or to
fulrnish copies of, the public record. If the court griants an order upon a finlding
that the denial was niolt for just aiind proper cause, such records shall be made
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RULE 3 Rulemaking Procedures,
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(a) Petition. Any interested person may petition the Department, requesting the
adoption, amendment or repeal of any rule of the Department, stating thile
reasons therefor.
(b) Submission. The original petition and two (2) copies shall be submitted to the
Department. It shall include:
(1) A statement of the nature of the petitioner's interest.
(2) A draft or t�he s,ubstance of the proposed rule or amendment or a
designation of the, provision sought to be repealed.
(3) An explicit statement of the reasons in support of the proposed rule,
(c) Disposition of Petition. Within thirty (30) days after the submission of the
petition, the Director shall either deny the petition in writing, stating the
reasons for such denial, or initiate public proceedings in accordance with
Section 91-31 of the Hawal'i Revised Statutes, for the adoption, amendment or
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(e) Acceptance of Petition. If the, Department determines that the petition is in
order and that it discloses sufficient reasons in support of the proposed
rulemaking to justify the institution of rulemaking prodings, the Department
shall conduct the rulernaking proceieidings in accordance with this section and
the applicable statutes.
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(a) Publication an�d Mailing. When,, pursuant to a petition therefore or upon its
own, the Department proposes to adopt, amend, or repeal a rule, a notice of
proposed rulemaking shall be published at leiast on,ce in a newspaper of general
circulation in the county, and the notice shall also be mailed to a�ll persons or
agencies who have made timely written requests for advance notice of the
Department's rulemaking proceedings, provided that the fees or costs
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prescribed in the Hawai'i County Code have been paid. All t�hie notices shall be
published at least thirty (30) days prior to the dat�e set for the public hearing.
(b) Form of Notice. A notice of the proposed adoption, amendment, or repeal of :-
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(1) A statement of the topic of the proipols,ed rule ad�optioni, amendment, or
repeal or a general description of the subjects involved;
(2) A statement that a copy of the pro;posed rule to be adopted, the proposed
rule amendment, or the rule proposed to be repeal�ed will be mailed to an
interested person who requests a copy, pays the: required fees for the cop
and the postage, if any, together with a description of where and how th�e
requests may be made; I
(3) A statement of when, where, and during what times the proposed rulei to
be adopted, the proposed rule ailmendment, or the rule proposed to be
repealed may be reviewed in person; and
(4) The date, time, anid place where the public hearing will be held and where
interested persons may be heard on thIe proposed rule acloption,
amendment, or repeial.
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(b) Order of Proceeding. At the commencement of the hearing, the Director shall
read the notice of hea�ring and shall t,he,n olutline briefly the procedure to be
followed. Testimony shall t�hen be received with respect to the matters
specified in the! notice of hearing in such order as the Director shall prescribe.
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(e) Transcript of the Evidence. Unless otherwise specifically ordered by the
Director, testimony given at the public hearing shall not be reported verbatim,.
3-4. Action by Director. The Director shall consider all relevant comments, and material
of records before taking final action in a rulemaking proceeding. Final action shall be taken at
the! hearing, or by a date announced by the Director, or within sixty (60) days after the final
pearing, whichever occurs last.
3-6. Fi,ling of Rule(s). Upon adopting, amending, or repealing a rule(s) and approval by
the mayor, the Director shall file certified copies of'the rule(s) with the county clerk.
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3-8. Publication of Rules. As soon as practical, the Director shall compile, index, and
pu�bli,sh all rules adopted by the Department and remaining in, effect. Compilations shall be
supplemeinted as often as nec�essary and shall be reviewed at least once every ten (10) years.
RULE 4 Declaratory Rulings by the Department
4-1. Petition., Any interested person may petition the Director for a declaratory order
as the applicability of any statutory provision or of any rule or order of the Department.
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4-2. Submission of Petition. The: original petition and two (2) copies shall be submittel
to the Department. The petition shall contain:
(a) The name, address, telephone number, and signature of each peititioner;
(b) A statement of the nature of petitioner"s interest in the subject matte
including reasons for submitting the petition; I
(c) A designation of the specific provision, rule or.order in question, together with
a statement of the controversy or uncertainty involved;
(d) A complete statement of facts;
(e) A statement of the petitioner's position or contention; anE
(f) A memorandum of authorities, containing a full discussion of the reasons and
any legal authorities in support of such position or contention.
4-3. Dismissal of Petition. The Director may, without notice or hearing, dismiss a
petition for declaratory ruling which does not conform to the requirements in Section 4.02 of
these rules.
4-4. Refusal to Issue Declaratory Order. The Director may for good cause refuse to
issue a declaratory order where:
(a) The question is speculative or purely hypothetical and does not involve existing
fa�ct or facts which can reasonably be expected to exist in the near future;
(b) The petitioner's interest is not of the type which would give the petitioner
standing to maintain an action if seeking judicial rel�ief;
(c) The issuance of the declaratory order may adversely affect the interests of th
County, the Department, or any of its officers or employees in any litigation
which is pending or may reasonably be expected, to arise; or I
(d) The matter is, not within t�he Department's jurisdiction.
4-5. Referral to Other Agencies. Where any question of law is involved, the Director
may refer the matter to the corporation counsel. The Director -may also obtain the assistance of
*ther departments or agencies where necessary or desirable.
4-6i. Notification of Petitioner. The pet�itioner shall be promptly informed by the
Director of the disposition of the petition.
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4-7. Status of Orders. An order disposi�ng of a petition shall have the same status, as
other Department orders. An order shall be applicable only to the factual situation alleged in
th,ei pet,ition or set Torth 'in the order. An order shall not be, applicable to different factual
situations or where additional facts not considered in the order exist.
ARTICLE 11
SOLID WASTE DIVISION
5-1. Purpose, These solid waste d�ivision rules shall set forth the department's
standards and procedures as authorized by Chapter, 20 of the Hawai'l County Code.
5-2. Applicability,. These rules are applicable to all persons, as defined in this article,
who utilize the County of HawaiTs, solid waste division facties.
5-3. Definitions. Unless otherw,ise provided in this article, the following terms shall
have the meanings provided below for the solid waste division:
"Abandoned vehicle" means, a vehicle that is un,lawfully parked and left unattended for
2 continuous period of more than t,wenty-four hours on any public highway, public property, or
private roads that are located within, any ungated subdivision, where roads are open to and
used by membeirs of the public.
"Abandoned Vehicle Program 11 means a program established by the Department for the
purpose, of disposing of abandoned or derelict vehicles and implementing a public outreach
program to educate the public about the di�sposition of such vehicles.
"Applicant" means either a County facility user or a food vendor that applies for an
exemption under these rules.
"ASTM standard" means the standards of the American Society for Testing and
Materials International Standards D6400 or D6868 for biodegradable and compostable paper
and plastics.
"Billing statement" means a report issued at the end of each month to permit holders
showing all weight tickets charged on account, other feies charged, alnd payments received
during the month. It shows the balance due on the account and the date by which the balance
must be paid to avoid finance charges and denial of access.
"Bulky material" means large items of solid waste, such as household appliances,
furniture and other oversize wastes which m,ay be prohibited for disposal at transfer stations
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(convenience centers) or would typically not fit in transfer station (convenience center) chutes
or solid waste transport trailers.
"Business )I meians any commercial enterprise or establishment, including sole
proprietorships,, joint ventures, partnerships and corporations, or any other legal entit�y, and
includes independent contractors associated with the business,.
"Commercial cooking oil waste" means cooking, oil wh�ich, because of prior use, potency
loss, or contarninationt is no longer usable or salable by a business engaged in cooking food or
selling, cooking oil. The term does not mean the residue remaining after the conversion of
commercial cooking oil waste into a marketable product.
"Commercial FOG wastell means animal/vegetable fat, oil and grease and other waste
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that is retained in or removect trom a commercial pretreatment device. The term does not
mean the residue remaining after the conversion of commercial FOG waste into a marketable,
product of grease and other waste removed from a commercial pretreatment device.
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"Commeircial hauler" means a transporter of solid waste made ulp of commercial
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"Commercial solid wa�st�e" means all types of solid waste generated from commercial
.?ctivities including, but not limited to, stores, offices, re:staurants, warehouses, and non
manufacturing actives, excluding residential and industrial wastes.
"Commissionil means the Environmental Management Commission.
means the: result of microorganisms decomposing organics through the
process of aerobic biodegradation, c�ommonly used as a soil amendment.
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"'Construction and demolition waste)l means mater,ial such as metals, wood, gyps,u
asphalt shlingles, roofing, concrete, rocks, rubble, soil and glass or similar m,aterial'
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"Contaminated soil" means excavated soils impacted by the introduction of any
physical, chemical, biological, or radiological substance or matter that has an adverse effect on
the environment."
"County" means County of Hawal'i.
"County facilityi"' means any building, structure, or vehicle owned and operated by the
County, its agents, agencies, and departments and includes County buildings, structures, parks,
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"County faicility us,erl means all persons, societies, associations, organizations, or special
event promoters who require; a permit to reserve or rent a County facility or a permit or
contra,ct to use a sidewalk or roadway. County facility users also include concession:, contracts
wit�h the County, County managed concessions, County sponsored events and food services
A�rovided at County expensE:
"'Days" means calendar days unless otherwise specified.
"Derelict vehicle" means as defined in Section 290-8, Hawal'i Revised Statutes.
"Department 11 means the Department of Environmental Management.
"Director 11 means the Director of the Department, of Environmental Management or the
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"Food packaging" means all food -related wrappings, bags, boxes, containers, bowls,
plates, trays, cartons, cups, lids, or drinking utensils, in which food or beverage is placed or
packaged on the food provider's premises, and which are not intended for reuse. Food
packaging does not include forks, spoons, knives, straws, stirrers, or single -service condiment
packages.
"Food providers" means any vendor, business, organization, n�on-profit entity, group, or
individual operating in the County which provides prepared food for public consumption on or
off its premises and includes without limitation any store, shop, sales outleit, restaurant, grocer
store, supermarket, delicatessen, caterer,, catering truck or vehicle- and any organization, grou
or individual which provides food in conjunction with servicels.
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"Food service ware" includes plates, bowls, cups, lids, straws, stirrers, forks, spoons,
knivesl napkins, trays, and other items primarily designed for use in consuming food.
"Greenwaste" meanis palm fronds, leaves, tree, s,hrubs, bush and hedge cuttings, grass
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clippings, untreated and unpaintect I wood pallets, logs, branches, excluding invasive species.
mea�ns Hawa*['[ County Code.
"Household pet" means a small animal weighing less than 50 pounds.
"Household solid waste or recyclables" means solid waste or recyclables originatin,E
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"Impound facility" means a facility where abandoned vehiicles are stored and where
County vehicle auctions are held.
"Large appliances" means electrical and mechanical appliances made primarily of metal
parts such as refrigerators, clothes washers, dryers and stoves. Appliances of less than 3 cubic
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Teet in volume before crushing shall not be included in this definition.
"Liquid waste)/ means any waste material that is, determined to cunt ain "free liquids" as
defined by the Paint Filter Liquids test.
"Medical waste�" means all infectious and injurious waste originating from a medical,
"Materials" means all items acceptable by permit at a SWD facility.
"Mils thickness 11 means a unit of measuremeint that is equal to .001" or "one one -
thousandth of an inch". In the United States, the gauge or thickness of a plastic bag is measured
by mills.
"Mulch" means processed green�waste used on the soil surface to reduce weeds,
conserve soil moisture, improve water infiltration, or for aesthetic purposes.
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"Net 30 business account" means an account which must be paid within thirty (30) full
,iays of the billing statement d,ate, which is created based on a customer's proven credit history
with the County.
11organi i cs 11 means solid wastes containing carbon compounds that are capable of being
biologically degraded, including paper, food residuals, wood wastesyard debris, and planlit
wastes.
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rganICS Tiacility means a facility that accepts greenwaste and acceptable organics a�nd
processes it into mulch or composl
"Peirmit" means written authorization from the director to dispose of any solid waste
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"Person"' means any individual, firm, association, co -partnership, political subdivision,
goverr men�t agency, municipality, inclustry, public or private corporation, n,onprofit, or any
other entity whatsoever.
"Plastic checkout bag" means a carryout bag that is provided by a business to a
customer for the purpose of transporting groceries or other retail goods, and that is m,ade from
non-compostable plastic or compostable plastic, and is not specifically designed and
manufactured for multiple re -use.
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"Prescription drug" means, th�e same as defined in section 461-1,, HRS, as amended.
"'Private road" means every way or place in private ownership and used for vehicu�lar
travel by the owner and those having expriess or implied permission from the owner, including
pri�vate roads open to the puiblic.
"Prohibited materialsi" includel, but are not limited to, burni:ng or smoldering materialill
paint thinner or solvents, oil based paint; engline oil, antifreeze or lead acid batteries;
plesticiicies, poisons; household clean:e:r; contaminated soil; untreated medical waste- propane,
compressed gas cylinders; diesel, gasoline or alcohol; liquids or sludg i nitainers one gallon
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,0% r I a r g, er unless, mixed with a bulking agent so that it siolidifies, large appliances, automobiles,
whole tires, radioactive or chemical waste, explosives, blasting materials,, fuses, live
ammunition, a�nd hazardous wastes as defined in the HRS or Hawal'i Administrative Rules.
"Public prioperty" means all real property owned by the County or State of Hawal'ior
"Recyclable" means material that has reached the end of its current use anid may be
processed into material utilized in the production of new products.
"Reload facility" means a facility that receives and consoliclates solid waste or recyclable
materials, for future transport to disposal or processing facilit�ies from municipal or commercial
collection trucks and self -haulers' vehicles and loads the solid waste onto tractor trailers for
loing-haul transport to a distant disposal facility.
"Reus,able bag" means a bag that is specifically designed and manufactured for
multiple re -use and is (1) made of cloth or other washable fabric, or (2) made of paper
specifically designed for multiple and long term use.
"Sanitary la�ndfill" means engineered solid waste disposal method in accordance with
state and federal laws, which are designed and operated to protect human health and the
environment by establishing requirements with respect to loca�tion, operation, design, ground
water monitoring, correct,ive action, closure aind post -closure, and financial assurance.
"Scavenging" means the removal of materials at a SWID facility without the approval of
the director.
"Selfi-hauled" means individuals hau�ling oown self-glenerated materials.
"Single use" means a bag that is specifically designed and manufactured for one-time
use, normally for transporting groceries or other products. Plastic bags, that are less than 3 mils
thickness are considered single -use.
"Sludge" means any solid, semi -solid, or liquid waste generated from a municipal,
commercial or industrial wastewater treatment plant, water supply treatment plant, industrial
process, or air pollution control facility exclusive of the effluent from a wastewater treatment
plant.
"Solid waste" means any garbage, refuse, sludge, and other discarded material,
including solid, liquid, semisolid, or contained gaseous material, resulting from residential
habitation- industrial, commercial, mining, and agricultural operations - and community
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"Special h,an,dling materials" means tree stumps, root balls, telephone poles, pilings,
cables, barbed wire, dead animals, seafood, and slaughter house waste, asbestos,
contaminated soil, can�ec material, biosolids, FOG (fats, oils and grease, treated medical waste,
document destruction, and other materials the department determines to require special
handing.
"Storage" means, the holding of derelict or abandon�ed vehicles for a temporary period.
"SWD" means the solid waiste division of the d�eparitmient of environmenilt4
"SWD facility" means the County or contractor facility for the management of materials
that ins legally permitted to accept pursuant to state law.
"Transfer station" means a permanent, fixed, supplemental collection and
transportation facility, used to deposit self -hauled houllsehold materials into a larger transfer
container for transport to a SWD facility.
"Undue hardshipi' means situations unique to thle food proders or County fac,ility user
that generally do not apply to other persons in similar circumstances.
"Vehicle processing facility" means a facility permitted to operate a metals processing
and recycling business that processes and/or stores and ships vehicles, metals and associated
items.
"Weight ticket" means a printed invoice issued by a SW D weighmaster for a specific load
weighed on a certified scale. Also known as a scale ticket.
Disposal Permit for San'Itary Landfilli and Reload Facility
(a) No business, government agency, reli�gious entity or noinprofit organizaitioin
shall dispe at any sanitary laindf'ill or reload facility without firsl
obtaining a d�isposal permit is,sued by thie director alind making payment of the
permit fee as required herein.
(b) Application. An application for a disposal permit shall be submitted to the
director on a form furnished by the department. Incomplete a�pplications shall
not be considered by the director.
(1) The following information is required on the application:
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(A) Name, mailing and street address, telephone number and e-mail
address (if available) of the business, government agenc�y, reous
entity or nonprofit organization.
(B) Make, model, tare weight, carrying capacity in cubic yards and license
number of the vehicle(s) which would be used to dispose of solid
waste.
(C) Approximate voilume and frequency of solid waste to be disposed.
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(D) Origin a,nd type of solid waste to be disposed.
(E) Other information as deemed necessary by the director.
(2) Persons noor on behalf of any business, government agency,
religious entity or nonprofit organization shall providie their nam,e,
residence and mailing address, and e-mail address (if available), residence
and employer telephone numbers, driver's license number, and any other
information deemed niecessary by the director for billing, collection a,nd
monitoring purposes.
(c) Duration. The disposal permit shall be effective for a period of one (1) year
from the date of issuance.
(d) Compliance. The director may suspend or revoke a disposal permit for the
following reasons:
(1) Failure to pay disposal charges or special handling fees when clue.
(2) Fa,ilure to comply with the provisions of these rules.
(3) Failure to comply with disposal procedures and/or conditions established
by the department.
(4) Altering a permit or falsifying any information submitted to the
department.
(5) Failure to comply with Sanitary Landfill Operating Rules and Reload Facility
Operating Rules.
(e) Permit holder may dispute the director's findings by r�uesting a hearing
pursuant to Chapter 20, HCC.
Any person who is found with�in a sanitary landfill or reload facility attempting
to cont�inue business with a suspended or revoked permit shall be deemed to
be a trespasser and subject to prosecu�tion, pursuant to Chapter 20, HCC.
6-2. Variances. There sihall be no variances or exemptions to eiit�her the perm�it fee or
the solid waste disposal fee described and included herein, except the mayor may waive solid
waste disposal fees when it is in the best interest of t�he county.
RULE 7 Sanitary Landfilli Operating Rules
7.1. All solid waste, except for prohibited materials, shall be accepted at the sa,nitary
landfill when properly deposited.Prohibited materials may be accepted upon approval of the
director.
7.2. All sanitalry landfill customers, shall have a current Solid Waste Facility Disposal
Permit., except for household s,elf-hauled customers.
7.3. Any unauthorized person entering into the sanitary landfill during nonworking
hours shall be considered to be a trespasser, and shall be subject to criminal enforcement
under chapter 20, HCC.
7.4. All customers enter the facility at their own r1sJ
7-5. All customers shal!l adhere, to all communications from SWD personnel an,d/or
7-6. Any customer's load may be inspected before and after unloading. If the load
contains unacceptable material, the material may be rejected and reloaded into the customer's
vehicle.
7-7. All customers' vehicles shall check in and be weighed at the scalehouse before and
after unloading. Customers who fail to weigh out shall be charged for the entire inbound
weight.
7-8. The SWD personnel may seaor recover lost items from the; riel�o!ad faciliity at
the discretion of the SWD and the customer shall be charged a fee for said service.
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7-9. No customer(s) shall be admitted into the san�itary landfill after the posted closing
7-10. Loitering within t�he sanitary landfill site is prohibited. All customers sh�all leave
the san,itary landfill site immediately after wieighiing out.
7-11. Everyone entering SWD facilities shall observe all posted speed limits anid traffic
7-12. Use of handheld devices while operating a vehicle is prohibited. Making phone
caills, sending text messages or emails while driving, is prohiblited. Completing paperwork or any
other type of task that would distract the d,river from the, operation of the vehicle is also
prohibited.
7-13. Childiren under the age of 16 and all pets must remain in the vehicle at all times.
7-14. Tools, t�ailg�ates, etc., must be kept on, in, or under the vehicle while u�nloading.
7-15. Dangerous practices, such as rapid backing up to discharge loads, operating
vehicles with unsecured doors, etc., are prohibited.
7-16. Load pull off service is not provided.
7-17. Load ' s shall be securely tied and/or covered upon arrival at the scalehouse to
,,#,,revent spillage. All unsecured loads shall be a�ccessed an unsecured load fee.
7-18. All sanitary, landfill users shall first communicate with the sanitary landfill SWD
personnel before unloading. Unloading is permitted only inn those areas designated by the SWD
personnel.
7-19., The scavenging of unloaded material is prohibited.
7-20. Tree stumps, roots, telephone poles, pilings, cables and wire fences a�nd other
similar miaterial shaill be cut to lengths of 4 feet, or less, to avoid paying special handling charges.
Disposal of materials requiring special handling shall be scheduled in advance with the
scalehouse.
7-21,. Travel within the sanitary landfill shall be on designated routes only. Any vehicle
,inable to negotiate these routes because of faulty or malfunctioning equipmeint shall ble
,frohibited from entering the sanita�ry landfill.
7'-22. Customers and vehicles sihall maintain a milinimum distance of 25 feet from the
sanitary landfill equipment at all times.
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7-23. Witness requirement for confidential document destruction shall be provided by
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7-24. Any concerns regarding a violation of safety practices should be reported to thi
Closed toe shoes, high visibility vest, shirts, etc, shall be worn at the sanitary
landfill working facEl
7-26. All vehicles must have a current County of Hawai'i vehicle registration and safety
inspect,ion, which shall be made availapon request by SWD personnel.
7-27. Drinking alcoholic, beverages, smoking, use of drugs, or use of firearms is
prohibited.
8-1. All solid waste, exc�eipt for prohibited materials and special handling materials, shall
be accepted at the reload facility when properly deposited. Prohibited materials and special
hand,ling materials may be accepted upon approval of the Director.
8-2. All reload facility customers shall have a current Solid Waste Facility Disposa"�
Permit, except for residential self -hauled customers.
8-3. Any unauthorized person entering into the reload facility during nonworking hours
shall be considered to be a trespasser and shall be subject to criminal enforcement under
Ihapter 20, HCC.
T-4. All customers shall check iin at the scalehouse and all customers enter at their own
V-5. All customers shall adhere to all communications from the SWD personnel and/or
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8-6. The maximum load size shall not exceed 40 cubic yards, unless otherwise approved
by the director.
8-7. The maximum load size for construction and demolition waste mIus,t not exceed 5
cubic yards unless otherwise approved by the director.
8-8. All vehicles shall be weighed at the scalehouse before and after dumping.
Customers who fail to weigh out shall be charged for the entire inbound weight.
8-i9. The SWD personinel may search and/or recover lost items from the reload facility at
the discretion of the SWD and the customer shall be charged a fee for said service,.
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8-10. No customer shall be admitted into the reload facility after the posted closing
81-11,. Loitering within the reload facility is prohibited. All customers shall leave the
reload facility immediately after unloading.
8-12. Everyone entering SW D facilities shall observe all posted speed limits and traffic
warning signs.
8-13. Use of handheld devices while operating a vehicle is prohibited. Making phone
calls, sending text messages or emails while driving is prohibited. Completing paperwork or any
other type of task that would distract the driver from operating the vehicle is also prohibited.
8-14. Children under the age of 1,6 and all pets shalil remain in the vehicle at all times.
8-15. Tools, tailgates, etc., shall be kept on, in, or under the vehicle while unloading.
8-16. Dangerous pra,c�tices, such as rapid backing up to discharge loads, operating
vehicles with unsecured doors, e�tc�., are prohibited.
8-17., Load pull off service shall not be provided.
8-18. Loads shall be securely tied a�nd/or covered upon arrival at the scal I ehouse to
,trievent spillage. A,ll unsecured loads will be accessed an unsecured load fee.
8-19. All reload facility customers users shall first communicate with the SW D personnel
before unloading.Unloading is permitted only in those, areas designated by the SWD
personnel.
8-20. The scavenging of unloaded material is prohibited.
8-21. Vehicles shall maintain a minimum distance of 15 feet from the reload facility
equipment at all times.
8-22. Any concerns regarding a violation of safety practices should be reported to the
SWD personnel.
,�,-23. Closed toe shoes, high visibility, vest, shirts, etc,,shall be worn at the reload
8-24. All vehicles shall have a current County of Hawaii vehicle registration and safety
inspection, which shall be maide available upon request by SWD personnel.
8-25. Drinking alcoholic beverages, smoking, use of drugs, or use of firearms is
prohibited.
9-1. All self -hauled acceptable household materials deposited into a transfer station
cunt aIiner or area shall be accepted by, the County for disposal on any day the transfer staitioln is
open.
9-2. Prohibited materials ain,d special handling materials shall not be dropped off at
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transfe:r station, including solici waste generated by a bus,iness, government agency, religiou
entity or nonprofit organization. Prohibited materials and special handling materials may b
accepted upon approval of the director. I
9-3. The director may authorize the disposal of' non -self -hauled solid wai,ste at the
-household solid waste disposal.
transfer station anid may also authorize non
9-4. The SWD personnel may search and/or recover lost items from the transfer stat�ion
at t�hIe discreti�on of the SWD and the customer shall be c�hIarged a fee for said servicei.,
9-5. Any unauthorized person enteri,ng into the transfer station during nonworking;
hours or for, piurposies other tha�n that permitted in this section shall be considered to be a
trespasser, and shall be su�bject to criminal enforcement under chapter 20, HCC.
9-6. All customers enter the facility at their own risk.
9-7. All m,ateirials shall be deposited directly into the designated container or, solid
9-8., Depositing materials outside of a designated area shall be considered littering and
shall be punishable pursuant to chapter 14, HCC-
9-9. Customers are expected to utilize the appropriate designated cont�aiiner or area at a
transfer station that offers sanitary landfill diversion collection.
9-10. All customers shall aidhere to aill communications from SWD personInel and/or
I III 111 111111 111 111 1
9-11. Customers are limited to dropping off one large appliance per vehicle per day
9-12. Customers may include one double-bag�ged deceased household pet per day in
MS.T-411rum
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9-13. Customers shall not put grieenwaste into solid waste chutes at tran�sfer stations
thiat offer greenwaste collection, except greenwaste that is classified as an invasive species.
9-14. All vehicles shall have a current County of Hawal'i vehicle registration and safety
inspection, which shall be made available upon request by SWD personnel.
9-15. The maximum solid waste load size, including construction and demolition debris
but exicludin g greenwaste, shall be 3 cubic yards or less, and/or seven feet or less in any
dimension. Items exceeding the maximum dimensions, or one load per day shall not be allowed
unless approved in advance by the director.
,�-16. Hide -a -beds are not permitted to be thrown down the transfer station chute.
9-17. Vehicles are limited to sedans, SUVs, pickup trucks, or mini -vans. Trailers a�nd
dump bed trucks are prohibited at the transfer station.
9-18. Business-owined vehicles are permitted, provided they are limited to the vehic�le
types listed in Rule 9-17 above and are de:livering hou�sehold, self -hauled solid waste, and/or
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recyclables contad in no more than two 33 gallon trash bags per vehicle per day.
9-19., The maximum greienwaste load size which is placed into a SWD greenwaste
container or area shall be 5 cubic yards or less. Except for palm fronds, all other greenwaiste,
including logs and branches, shall be 5 feet or less in length and 6 inches or less in diameter.
Only one load per day shall be allowed unless approved in advance by the director.
9-20. No custom�ers shall be admitted into the transfer station after the posted closing
5-21. Loitering within the transfer station is prohibited. All customers shall leave thi
transfer station immediately after unloa,dinj
�-22. Everyone entering SWD facilities shall observe all posted speed limits and traffic
9-23. Use of handheld devices while operating a vehicle is prohibited. Making phone
calls and sending text mess,ages or emails while driving is prohibited. Completing paperwork or
any other type of task that would distract the, driver from operating the vehicle is also
prohibited.
9-24. Children under the age of 16 and all pets shall remain in the vehicle at all times.
9-25. Tools, tailgates, etc., shalill be kept on, in, or unider the vehicle while unloading.
Dangerous practices, such as rapid backing up to discharge loads, operating
vehicles with unsecured doors, etc., are prohibited.,
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9-27. Loads, shall be securely tied and/or covered upon arrival at the transfer station, to
prevent spillage.
9-28. Al,l customers shall follow the directions of SW D personnel or County contractors
before unloading.
9-29. The scavenging of unloaded material is prohlbitec!
9-30. Any concerns regarding a violation of safety practices should be reported to the
SW D personnel'.
9-31. Drinking alcoholic beverages, smoking, uuse of drugs, or use of firearms is
prohibited.
RULE 10 Organics Facilities Operating Rull�es
10-1. Only acceptable organics as posted at the facilities or as, published on the SWD
website) and greenwaste shall be accepted at the organics facilities. Contaminated loads, may
be rejected.
10-2. All greenwaste, including logs and branches, but exclul,ding palm fronds, shall be 5
feet or less in length and 18 inches or less in diameter.
10-3. All greenwaste customers' vehicles shiall be weighed at the scaleho use before and
after unloading. Commercial and non -self-hauling customers who fail to weigh out shall be
charged for the entire inbound weight. Customers who do not weigh out milay be prohibited
from the facility in the future.
101-4. Mulch customers may bypass the scalehousei with approval of the director.
10-5. All busine:ss, government agency and non-piriofit agency greenwaste customers
shall have a current Solid Wast�e Facility Disposal Permit.
10-6. Any customer's load may be inspected before and after unloading. If the load 'is
contaminated, the material may be rejected and reloaded i�nto the customer's vehicle.
10-7., Any unauthorized person entering into the organics facility during nonworking
hours shall be considered to be a trespasser and shall be subject to criminal enforcement under
chapter 20, HCC.
10-8. All customers enter the facility at their own risk.
CO-9. All customers shall adel and/o�
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10-10. Loitering within the organic facility site is prohibited. All customers shall leave
t,he organic facility immediately after loading and unloading.
LO-11. Everyone entering SWD facilities shall oibserv,e all posted speed limits and traffill
10-12. Use of handheld devices while operating a vehicle is prohibited. Making phone
calls,, sending text messages or emails while driving is prohibited. Completing paperwork or any
other type of task that would distract the driver, from operating the vehicle is also prohibited.
CO-13. Children under the age of 16 and all pets shall remain in thie vehicle at, all times.
10-14. Tools, tailgates, etc., shall be kept on, in, or under the vehicle while loading and
unloading.
10-15. Dangerous practices, such as rapid backing, operatinig vehicles with unsecure
doors, etc., are prohibited.
10-16. Customers shall unload their greenwaste or be loaded with mulch in areas
-iesignated by the SWD personnel or Colunty contractors.
10-17. Travel within the organics facility shall be on designated routes only. Any veh,i�cle
unable to negotiate these routes because of faulty or malfunctioning equipment shall be
prohibited from entering the organics facility.
10-18. Any concerns regarding a violation of safety practices should be reported to the
SW D personnel and/or County contractor.
10-19. All vehicles shall have a current County of Hawai'i vehicle registration and safety
ins�pecti�on, which shall be made available upon request by SWD personnel.
10-20. Incoming greenwaste loads shall be securely tied and/or covered upon arrival at
the scalehouse, and outgoing mulch loads shall be covered and seicured to prevent spillage. All
unsecured greenwaste loads shall be assessed an unsecured load fee.,
10-21. Drinking alcoholic beverages, smoking, use of drugs, or use of firearms is
prohibited.
11-1. Any person violating any section of Rules 7, 8, 9 and 10 shal�l be subject, to an
initial civil fine of $250.00 for each violation and a daily fine of $250.00 for each violation for
each day thereafter until the violation is corrected.
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(a) Any solid waste, except for prohibited materials, delivered by a business, publita-
agency, relig,ious entity, nonpirofit organization or private citizen to the workin�r
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face of a sanitary landfill, reload facility, or organics facility shall be charged by
th,e ton, or pro-r,ate�d accordingly, at the rates set forth herein.
(c) In the event the weighing equipment is inoperable, chargeis shall be based or
volume rates as set forth herein.
Collection of Feiels.
(a) All charges for disposal fees shall be collected by the department and due at
the time of disposal, unless a net 30 business account has been established
with the department. The only acceptable forms of payment at the time of
disposal are checks, debit cards, or credit cards.
(b) Weight tickets shall be issued for each load being disposed and shall list the
tipping fee charged for e;ach load including the weight (or volume), vehicle I.D.,
date, and time.
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\C) A customer may request a net 30 business account by submitt�ing an
application provided by the department. Approval will be based on the
customer's credit history for a period of three (3) months with the department
or by posting a bond. Revocation or suspension of the net 30 business accounl-
will occur after a delinquency occurs.
(d) A net 30 business account billing statement shall be made monthly and
playments shall be made within thirty (30) days of the date on the billing
statement. A finance charge of one percent monthly (annual rate of twelve
percent) shall be charged on all balances which are past due, which may lead to
revocation or suspension of the net 30 business account.
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(e) In addition to the above, if payment is not received by the due date indicated
on the billing statement, further use of any SWD facility shall not be permitted
until full payment is made.
12-3. fee Schedule. Fees for solid waste disposal into SWD facilities are established as
follows:
(A) Rate by weight: Dollars per ton prorated accordingly.
Beginning in 2023, the disposal fees will increase at a minimum in accordance
wit�h the fourth quarter, of the calendar year prior to the coming fi�scal year of
the Honolulu consumer pri,ce index.
(B) When and if it is impossible or impractical due to power outage, disaster,
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or other emergency to determine an accurate weight, rates by vehicle size
and volum,e shall be used:
TYPE 1: Light trucks or other vehicles with a gross vehicle weight of less
than 10,000 pounds with no more than three culbic yards of solid waste
charged as, dollars p!er truck.
Year beginning on July 1 of each cailendar year.
F_ 2018 2019 2020 2021 2022
$65 $66 $67 $68 $70
TYPE II: Medium trucks or other vehicles with a gross vehicle weight from
10,000 pou�nds to 19,999 pounds with no more than six cubic yards of solid
waste chiarged as dolliairs per truck.
Year beginning, on July 1 of each calendar year.
2018 2019 2020 20,21 2022
$109 $111 $113 $115 $117
TYPE Ilk Large trucks or other vehicles with a gross vehicle weight fro mi
20,000 pounds to 25,999 pounds with no more than nine cubic yards o
solilid waste charged as dollars per truck.
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1:
2018 2019 2020 2021 2022
$,194 1 $198 1 $202 $205 $20
TYPE IV: All other trucks or vehicles with a gross vehicle weight of 26,000
pounds including commercial solid waste hauling truck or all other
vehicles not qualifying as a Type 1, 11, or III:
1. Compacted. Dollars per cubic yard.
Year beginning on July 1 of each calendar year.
2018 2019 2020 2021 2022
$36 $36 $37 $38 $38
2. Not compacted. Dollars per cubic yard.
Year beginning on July 1 of each calendar year.
2018 2 0 1191 2020 2021 2022
$22 $22 $22 $23 $23
(C) Special handling: Shall be twice the amount per ton listed in (1)(A) above.
(2) Lost item, fee: If SW D personnel ere able to search and recover a customer I s
lost item within an hour, the fee will be actual cost of the use of the equipment
and the SWD personnel hourly wage, plus twice the sanitary landfill disposal
fee.
(3) Grieenwaste and organics facility fee.,
(A) All clean greenwaste and acceptable organics must be delivered to a
permitted County greenwaste and organics facility.
(B) The greenwast,e and organics disposal fee is set at 25% of the sanitary
landfill disposal fee as clescribed in section 12-3(1)(A) above.
(C) The greenwaste and organics disposal fee is set at 65% of the landfill
disposal fee as described in section 12-3(l)(B) above at a County
greenwaste and organics facility without scales. These facilities are able to
accept Type I and Type 11 trucks only.
(D) Greenwaste and organics must be separated from other solid waste in
order to qualify for the reduced greenwaste and organics disposal fee.
(E) The greenwaste and organics disposal fee may be su,spendad by the
director if the greenwaste and organics fa�cilit�ies are not operating.,
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(4) Additional fee. In addition to the above fees, an additional fee of t�wenty-five
dollars ($25) shall be, assiesised for all unsecured loads at the sanitary landfill,
reload station, and organics facilities.
(a) All derelict or abandoned vehicles located on public property or private roads
may be reported to the County police dispatcher.
(a) A responsible government enforcement agency shall attach a notice to the
reported vehicle, requiring thie own,er to remove the vehicle within 24 hour]
fb) A reiport is initiated for vehicles not removed within 24 hours.
(c) The report sha�ll be considered closed for any vehicle that is removed within 24
hours from the reported location or I is n�o longer at the originally reported
location when the County contractor arrives to tow, the vehicle.,
(d) Vehicles identified as derelict pursuant to section 290-8, HIRS, shall, be
immediately hauled to the vehicle processing facility or to thie impound facility,
as determined by the depiart ment.
(e) Abandoned vehicles are towed to the impound facility and the legal and
registered owner of the vehicle will be sent written notice by certified mail to
last address on record at the vehicle registration and licensing division of the
finance department.
Towing, storage, and administration fee-, Th,e registered owner shall pay for the
actual cost of tow,ing, plus an administration fee of $50 or as determined by the
director., In addition, the registered owner shall pay for the storage of any
impounded vehicle at a charge of $10 per day or, as determined by the director.
(g) Only the legal or registered owner may claim an impounded vehicle or property
within the impounded vehicle upon payment of all fees incurred or at the
discretion of the director.
(h) All unclaimed abandoined vehicles shall be disposed of, or sold at, public
auction.
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(a) The Vehicle Disposal Assistance Program (VDAP) as,sists residents of Hawai".
County with the, disposal fee of junk vehicles based on available funding.
(b) A resident shal�l complete the department's Vehicle Disposal Assistance
Application and provide all requested documentation. Incomplete application
or failure to provide requested documentation shall reisult in d,enial of
participation in the program. I
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(a) The department shall determine suitability of vehicles to be auctioned.
(b) All bidders shall complete a department bid form and shall have, a valid
government, issued identification. Any in,accurate or incomplete bid forms, a
determined by the department, shall be rejected., I
(c) All bidders shall submit 25% of their tot,al bid, rounded up to the nearest dollar
amount. All auction payments shall be made by cash, cashier's c�heck, money
order, or other financ�ial instrument approved by the department.
(d) All bids shall be delivered to the department in person, unless otherwise
specified by the department.
RULE 14 Relating to Polystyrene Foam Food Container and Food Serv*lce Warie Reduction
14-1. Purpose. To reduce the use of polystyrene foam food containers and food service
ware by food providers. This rule does not include the use of solid hard polystyrene by food
providers.
(a) Unless exempt under section 14-3, food providers shall not provide food in
disposable food service ware that is made from polystyrene foam.
(b) All food providers using any disposable food service ware shall use a recyclable
or compostable product.
(c) A,ll County facility users shall not use disposable food service, ware that is made
from polystyrene foam an' d shall use a recyclable or compostable, product for
disposable food service wa�re.
Exemptions. This rule shall not apply to the following:
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(a) Foods packaged outside the limits of the County of Hawal'i.
(b) Polystyrene foam coolers and ice chests specifically designed and
manufactured for multiple re -use.
(c,) Food packaging for raw meats, poultry, seafood, and eggs that are provided for
consumption which normally requires further food preparation.
(d) County facility users and food providers may be exempted by the director only
in situations where compliance with this chapter would result in undue
hardship.
Fill
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(a) Application for Exemption Due to Hard ship to the County Facility User. A
County faicility user shall submit a Department application to the director an,d
shall include with specificity the following:
(1) The name, mailing address, telephone number, and email of the County
facility user.
(2) The name and location of the County facility to be used, submission date of
the County facility use permit application, and event clate(s) at the County
facility.
(3) A description of the polystyrene foam food service ware(s) at 'issue,
including why the County facility, user requires the product(s) and an
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estimiate of the quantity of the product used.
(4) The factua�l basis to support the requested determination that use of
compliant food service ware would cause -the County facility user undue
hardship and there is no compliant alternative, which, for example, may
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include packaging necessary for safely containing food that is of
significantly high or low temperature; spec , i i fic transportation requ,irements
or safeguards.
(5) If an exemption is granted under this section, the polystyrene foam food
service ware(s) may only be used for the specif'i�c, food item(s) identified in
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(b) Application for Exemption Due to Hardship to the Food Vendor: A Food vendor
shall submit a Department application to the director and shall include with
specificity the following:
(1) The name, mailing address, telephone number,, email, and a copy of the
food vendor's most current business registration certificate (business
license).
(2) The polystyrene foam food sierv,ice ware(s) at issue, including why t�hie food
vendor requires the product(s) and an estimate of the monthly quantity of
the product used.
(3) The factual basis to pp ort the requested determination that use of
compliant food service ware(s) would cause the food vendor undue
hardship and there is no compliant alternative.
(4) The director may consider the information provided by the applicant to
determine whether an undue hardship exists to justify an exemption.
(5) If an exemption, is granted, the polystyrene foam food service ware(s) may
only be used for the specific food item(s) identified in the application.
(a) Initial exemptions are valid for a maximum period of one hundred eighty (18
days, except that shorter periods may be approved by the director. i
(b) Applications to reinew exemptions shall be submitted to the department no
later than th'rty (30) days prior to the expiration of the ex�emptions. Exemption
renewals may be granted but shall not exceed one hundred eighty (180) days,
including the initial exemption period, upon a showing that the applicant
continues to meet all applicable requirements.
(c) Exemptions may, be revoke�d upon the director's finding that the basis for the
exemption is no longer valid or the applicant has otherwise violated this
chapter.
(a) A fine may be imposed upon findings made by the director that any food
vendor or County facility user has used polystyrene -,based disposable food
service ware in violation of this rule. Each day on which any food vendor or
County faicility user has sold or transferred dispiosable food service ware mad
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from polystyrenile foam shalil constitute a separate violation of this article.
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(b) Food vendors shall be subject to an administrative fine for each separate
violation as follows:
(1) A fine of $10 for a first violation;
(2) A fine of $SO for a second violation; and
(3) A fine not exceeding $200 for a third and any subsequent violation.
(c) Food vendors and County facility users who violate this rule in connection with
commercial or non-commercial special events shall be asse:ssed fines for each
(1) A fine of $10 for a first violation;
(2) A fine of $50 for a second violation; and
(3) For a third and any subsequent violation:
(A) A fine not to exceed $100 for an event of one to 200 persons-\
(B) A fine not to exceed $200 for an event of 201 to 400 persons;
(C) A, fine not to exceed $400 for an event of 401 to 600 persons; and
(D) A fine not to exceed $600 for an event of 600 or more persons.
(d) Failure to pay fine. Fines not paid within thirty days from the date appearing
on the notice of violation and order or of the notice, of determination of the
director after, the hearing, shall be collected in compliance with chapter 20,
HCC-
14-7. Appeal., A County facility user or food provider aggrieved by the d�irector's final
decision may appeal the decision in accordance with chapter 20, HCC.
14-8. Emergency, Exemption. The mayor may exempt County facility users and food
vendors from the provisions of this chapter in a situation deemed by the mayor to be an
emergency that necessitates such exemption in order to preserve the public peace, health, and
safety.
The exemption shall remain in place until the mayor determines that thie emergency
situation has ceased and the exemption is no longer needed to preserve the public peace,
health,, and safety.
-RULE 15 Plastic Bag Reclucflon
A-
15-1. Prohibition. Businesses are prohibited from providing single -use plastic checkou,11
bags to their customers for the purpose of transporting groceries or other goods. A civil fine
may be imposed for doing so.
15-2. Exemption. Exempted from these rules are organizations classified under Section
501 (c)(3) of the United States Internal Revenue code.
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15-3. Permissible bags,. The following typeis of plastic bags, provided by a business fo
-the uses stated herein, shall not, be subject to the: prohibition set forth in section 15-2 of thi,s rull
(1) Bags without handles, designed and used solely for protection of food
products, protection of property or for preventing contamination including,
but not limited to, bags for: raw meat, poultry, seafood, frozen foods, deli
foods and unpackaged bakery items.
(2) Bags without handles, designed and used solely for self-service packing of
non -prepackaged food items sold in bulk inc, luding, but not limited to, bags
for-, fruits,, vegetables, nut�s, grain�s, cereal, flour, rice and ciandy.
(3) Bags designed and used solely for protecting garments when provided by a
garment clean�ing business or formal wear retailer.
(4) Bags without handles, designed and used for'small retail items including, but
not limited to jewelry, buttons, beads, ribbon and hardware items like nails,
nuts and screws.
(5) Bags without handles, used for dispensing prescription drugs.
(6) Reusable bags and/or paper bags made available for sale, or free of charge, by
businesses to customers for the purpose of tran�sporting groceries.
(7) Bags made from plastic th�at are washable and specifically designed and
manufactured for multiple re -use, which have at least 3.0 mils thickness will
be acceptable as a reusable bag.
15-4. Administrative Fines. The violator shall pay to the County an initial civil fine
in the amount of $25 and $500 per day thereafter for each day until the violation is
corrected.
ARTICLE III
WASTEiWATIER DIVISION
177MM
Purpose. The purpose of these rules is to manage the collection, treatment and
disposal of wastewater to protect public health and t�he environment.
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16-2. Authority. These rules are adopted pursuant to chapter 21 of the Hawaii County
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16-3. Definitions. As used in this Article, unless the context specifically indicates
otherwise.-
�Icommis-sionll means the Environmental Management Commission of the county.
"Common interest development/I means a development characterized by individual
ownership of a condominium housing unit or a residential parcl coupled with the shared
ownership of (or right to Use common areas and facilities, inch d,ing, but not limited to,
condominium projects, cunity apartment projects, stck cooperatives and planned unit
developments, which contains three (3) or more dwelling units a,nd which has a sewer service
lateral shared by thiree (3) or more dwelling units.
"Customer" means sewer account holder, the owner of the property, and water account
hold�er for any water service associated with the sewer account.
"County" means the County of Hawail.
"Defective condition" includes, but iis not limited to, a condition that will allow I & I or
exfiltratil,on of sewage irlClUding non-sanita!lry sewer connections to the private sewer or to any
wastewaterlumbing that connects to the public sewer lateral, and other violation of County
Standards and requirements.
"Delinquent" means an indebtedness to the Department unpaid for more than thirty
(30) calendar days from the date of the bill.
means calendar day unless otherwise specified.
"DCCA" means the Department of'C,ommerce and Consumer Affairs.
"Department" means the Department of Environmental M,anageiment.
"Director"' m�eans the Director of the Departmien,t of Environmental Management or the
"Disco ntin uatio n of water service" or "termination of water siervice" means: shutting off
means the Department of Water Supply.,
"HCC" means the Hawai'l County Code.
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"Infiltration" means water other than sewage which enters into the County owned
collection system through cra,cks, breaks, open joints, or other deficiencies which may exist in
laterals.
"inflow" means any water other than sewage that is directed toward or connected to
the District's collection system th�rough drainage ditches, open or enclosed culverts, roof drains,
yard or area drains, or any other source of storm or ground water.
I & I" means infiltrat�ion and inflow collectively.
"Lateral inspection" means an inspection of a private sewer lateral that includes the
retention of a licensed plumber by the owner to visually examine and inspect a lateral. The
WWD may require the use of'a closed-circuit television inspection device for the purpose of
determining whether the lateral complies with the requirements of the HCC.
"'Lower lateral" means that portion of any private sewer lateral beginning at t,hc
property line and running to th:e sewer main, including the connection itself.
"Non sanitary sewer connection 11 means anything that directly or indirectly conveys
storm water, surface water, roof runoff, intercepted groundwater or subsurface, draiinage into
the sanitary sewer, including, but not limited to, down spouts,, yard drains, sump pumps, or
other sources of storm water, run-off or groundwater.
"Owner" means any person, partnership, association, corporation or fiduciary having
legal title or any partial interest) in any real property.,
"Person," means any individual, partnership, co -partnership, firm, company, limited
liability company, corporation, association, joint stock company, trust estate, government
entity, or any other legal entity, and their legal representatives, agents, and successors and
assigns.
"'Private Sewer Lateral," "Laterail," or "Sewer Lateral" is hereby defined as a privately -
owned sewer which conveys sewage from a building to the County's collection system.,
including a�ll pipeis, fittings , and appurtenances, from thle outer face of the building served to
the coding the connection 'itself.
"Reinstallation charges" includes the cost of labor, materials, transportation, holiday
pay, overtime pay, and all other incidental charges for reinstalling the water meter, and turning
on the water.
IlRepair,"' also referenced as "Rehabilitation" or "Replacement," means restoration of
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the lateral in a mianner that maintains adequate flow capacity to serve the property anid
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elimilnates deTective conditions and non -sanitary sewer connections. The appropriate
requirement, of repair, rehabilitation, or replacement shall be determined by the WWD.
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"Sept,age hauler" mleans inclividual or business registered with the State Departmeinit of
Healt�h to enligiage in the pumping and hauling of wastewater or wastewater sludge, or both,
from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar
treatment/disposal system or collection system that receives wastewater.
"Sewer account holder" means the owner of the property or any other designated
person(s) that the owner or landlord of the lot, parcel of land, building, or premises has
designated to be billed for the sewer service, including any tenant(s).,
"Sewer mainif meians a County owned pipeline designed and operated to collect sewage
from private sewer laterals and collection systems for treatment and disposal.
"Shared lateral" means any portion of a private sewer lateral that serves more than one
"'Tenant(s)" mean perison(s) under oral or written contract with the owner or agent to
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"WWD" m,eans wastewater division of the department of environmental, manlagement.
"Wastewater" means any liquid waste, whether treated or not, and whether animal,
mineral, or vegetable, including agricultural, industr,ial, and thermal wastes.
"'Wastewater sludge" mean,s any solid, semi -solid, or liquid residue rernoved during
treatment of m,unicipal wastewater or domestic sewage. Includes, but is not limited to, solids
removed during primary, secon'dary, or advanced wastewater treatmeint, scum, portable toilet
pumping, Type III marine sa�n�itation device.
"'Water accou�nt holder" means any person(s) designated to be billed by the Department
of Water Supply for water service.
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"Water service" means the de,livery of water by the co,unty Department of Water
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(a) Owners of all dwellings, buildings, or properties used for human occupancy or
other purposes, which acre accessible to a sewer are requird at their expense
to connect directly with the pubilicsewer within 180 days after the date of'
official notice.,
(b) if a building cannot be practically served due to rock, wastewater collection
system depth, or other construction problems, the owner shall install, operate,
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and maintain a residential pumping station at the owner's own expense. Such
pumping station shall be privately owned and operated. The owner shall be
responsible for acquiring all permits, including proper building permits, for the
pumping station.
,c) Request for extension of time to connec?
(1) To obtain a time extension of the 180 days to connect to an accessible
sewer, owners shall file a written request to the director before the
expiration of the 180 days. Such request shall contain all of the following:
(A) Documentation to support the reason for the extension;
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B) The amount of additional time required, not to exceed two 2years
(C) Identification of the property by tax map key and physical address;
(D) Documentation of authority to make such request, if not the owner;
and
(E) Verification of intent and ability to connect within or by the requested
time period.
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(2) Based on oo
the infrmation prviaea, the director may deny the reiquest or
grant an extension not to exceed two (2) years.
(3) The director' s decision may be appealed to the commission, pursuant to
Chapter 21, HCC.
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18-1. Connect or Disconnect. Connection or disconnection from the public sewer
system requires completion and approval of a Permit To Perform Work On The Public Sewe
System department form, along with a nonrefundable permit fee of $150. 1
(a) The connection permit may be issued only after a plumbing permit has beein
issued by the building division, department of public works.
(b) Construction may begin only after the Permit To Perform Work On The Public
Sewer System has been approved.
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,a) Inspection by the wastewater division is required prior to backfilling.
(b) The permittee shall schedule inspections with the wastewater division at least
2 business days in advance.
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kc) if the work does not pass on first inspection, a fee of $100 shall be charged fol
(d) Backfilling prior to receiving a passing inspection by the wastewater division
shall be a violation.
18-3. Administrative Fines. Anyone who violates this rule shall be subject to an initi�al
fine of $1,000 and daily fines of $1,000 per day for each day the violation persists, pursuant to
(a) Applicant shall complete all information requested on the depaIrtment's
Application For Sewer Main Extension or it shall be rejected by the depalirtment.
(b) All sewer main extensions require a resolution which has been apiprove�d by thE
(c) Applicant shall be responsible for submitting a draft County Council resolution,
along with supporting documents, to the WWD for review.
(d) Upon the department's approval, the department shall submit the draft County
Council resolution and supporting documents to the County Council for
approval of the sewer main extension.
19-2. Pa milent of costsi. For applicants who wish to receive reimbursement from the
County after completion of a sewer main extension, applicants shall enter into a
reIimbursement agreement with the County.,
21-1. Septage Hauler Discharge Permit Required. Septage haulers are required to have
a valid permit in accordance with Chapteir 21, HC,C, and proof of registration with the State
Department of Health (DOH) in accordance with Section 11-62-61 of the Hawaii Administrative
Rules, prior to discharging waste into the county sewer system.
(a) Application. A department application for a seta hauler discharge permit
shiall be completed in full. Any incomplete application shall not be processed.
The following documents shall be attached to and submitted with the
application:
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(1) Vehicle Registrations(s);
(2) Vehicle Insurance Card(s);
(3) Wastewater and Wastewater Sludge Pumpers, and Haulers registration
placards) issued by the State of Hawaii Department of Health Wastewater
Branch; and
(4) DCCA Certificate of Good Standing.
(5) Application fee of $50
(b) Discharge rates. Discharge rates are set by Chapter 21, HCC, aInd are subject to
change. Septage haulers shall be notified in advance of any changes in rates or
conditions.
(c) Conditions of per,mit�. All septage haulers/permittee and its personnel shall bc
subject to al:l permit conditions included on the Septage Hauler Discharge
Permit Application & Conditions.
(d) Suspension permit. Failure to comply with all permit conditions included on
the Septage Hauler Discharge Permit Application & Conditions may result in
suspension of the permit, and fines may be assessed in accordance with
Chapter 21, HCC.
(e) Discharges. Discharges into the county wastewater treatment system shall be
made at the locations and times determined by the department. The county
reserves the right to change discharge locations and discharge hours at any
time.
(a) Sewer service, charges shall be assessed to nonresidential customers in
accordance with Chapter 21, HCC-
(b) Sewer service charges shall be assessed to residential customers in accordance
with Chapter 21, HCC.
II I I 1 11 Imp III
(a) Sewer service charges shall be billed to residential and nonresidential
customers in accordance with Chapter 21, HCC-
(b) All sewer servi�ce charges shall be due and payable within thirty (30) days from
the date of the bill. If any sewer service charge is not paid within thirty (30)
days from the: date of the bi�ll, it shall be considered delinquent�, and the water
service shall b!e subject to discontinuation.
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(c) Interest at the rate of one percent per month shall be imposed upon thZ;
outstanding balance for, all accounts that are past due.
(e) Where a property owner(s) has requested that the department bill a tenant or
a designated individual pursuant to paragraph (d), the director shall notify the
property owner(s) if the tenant or deis,ignated individual's payment is past due,
and the interest on the outstanding balance shall not commence until thirty
(30) days after the department has sent such notice to the property owner(s) of
the delinquency.
(a) Water service may be discontinued for nonpayment of a sewer bill after
written notice is provided to the customer. Pirio:r to t�he proposed
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discont,inuation of water service, the director shall give at, least fifteen (15)
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(b) The notice shall includEJ
(1) The total amount owed to the county on the delinquent account;
(2) The date by which the total amount owed to the county must be received
in order to avoid water shut off. The due date shall not exceed fifteen (15)
C-alendar days from the date! of the notice-;
(3) That discontinuation of water service may occur after fifteen (151) calenda
days if eithier payment is not received by the department for the total
amount owed to the county, or if no payment plan has been made with
the department for the total amount owe&
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(4) That the customer may conta,ct the department to resolve the outstanding
balance; and
(5) The procedures to contest the decision to discontinue water service.
(c) Procedures to contest discontinuation of water service:
(1) After notice of proposed discontinua,tion of water service has been
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ielivered by the department, a customer may contest the proposed
discontinuation of water service by scheduling, a hearing or telephone
conference with the depa�rtment. The customer and/or the customer's
representative shall attend the hearing or telephone conference.
(2) Discont�inuation of water service shall be stayed from the date the
customer requests a hearing and shall be stayed peinding any final
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(3) At the hearing or conference, the customer shall have the right to submit
evidence, present and cross-eixamine witnesses and bring in an interpreter
or representative to aid in presenting, t,he,customer's case. The customer
shall have the right to see the department's records concerning the
customer's account, and the customer has the right to reasonable
explanation by the department for any matter, concerning the proposed
discontinuation of water service.
(4) The department personnel conduct,ing the hea, ring or conference shall be
empowered to correct any errors in the account and to take whatever
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(5) The department personnel conducting the hearing or conference shall
issue a final written decision within five (5) business days of the hearing oir
conference. The final written decision shall include findings of fact and
conclusions of l,aw to support the decision, shall state the customer's right
to appeal, and shall be signed by the director.,
(6) If the customer is dissatisfied with the decision, by the director, the
customer shall have the right to appeal the decision to the Commission in
accordance with Hawal'i County Environmental Mainagem,ent Commission
Rules of Practice and Procedure, Part 7 Appeals, and Chapter 91 of the
Hawai'l Revised Statutes, as amended.
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22-4., Restoration of Water Services. Water service shall not be resumed until the
delinquent sewer account against the customer has been paid or until the customer has
entered into and signed an approved payment plan. In addit�ion, all DWS requirements for
restoiration of water service must be met, including reiinstallation ch:arges (in accordance with
DWS Rules and Regulations).
In the event any portion of these rules is declared invalid, such invalidity shall not affect
other parts of these rules.
Dated this 3 rd day of December, 2020.
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WILLIAM A. "K06SKI, Director
Donmental Management
CA Fjb I jl,*T L *W=
Date:
HA4Y KIM or ROY TAKEMOTO
I hereby certify that the forgoing rules were received and filed in my office this 4t,h day of
December 12020.
COUNTY CLERK
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