HomeMy WebLinkAbout23-04-19 Env Mgt Administrative Rules of Practice and Procedure - Final
COUNTY OF HAWAIʻI
DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT
RULES OF PRACTICE AND
PROCEDURE
Revised April 19, 2023
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TABLE OF CONTENTS
Page
ARTICLE I ADMINISTRATIVE PROCEDURE ………………………………………………………………….1
RULE 1-1 General Provisions ………………………………………………………………… 2
1-1-1 General Applicability ……………………………………………….…….2
1-1-2 Definitions ……………………………………………………………….…...2
1-1-3 Accommodations for Persons with Disabilities ……….…..…2
RULE 1-2 How to Obtain Information; Public Records ……………….………….4
1-2-1 Public Records ………………………………………………….…………..4
RULE 1-3 Rulemaking Procedures …………………………………………………………5
1-3-1 Initiation of Rulemaking Proceedings ……………………………5
1-3-2 Notice of Public Hearing ……………………………………………….5
1-3-3 Conduct of Hearing ………………………………………………………6
1-3-4 Action by Director…………………………………………………………7
1-3-5 Emergency Rulemaking ………………………………………………..7
1-3-6 Filing of Rule(s) …………………………………………………………….7
1-3-7 Effective Date ………………………………………………………………7
1-3-8 Publication of Rules ……………………………………………………..7
RULE 1-4 Declaratory Rulings by the Department ………………………….……..8
1-4-1 Petition …………………………………………………………………………8
1-4-2 Submission of Petition …………………………………………………. 8
1-4-3 Dismissal of Petition …………………………………………………….. 8
1-4-4 Refusal to Issue Declaratory Order ………………………………. 8
1-4-5 Referral to Other Agencies ……………………………………………8
1-4-6 Notification of Petitioner ……………………………………………… 9
1-4-7 Status of Orders ………………………………………………….…………9
ARTICLE II SOLID WASTE DIVISION …………………………………………………………………………….10
RULE 2-1 General Provisions ………………………………………………..………………11
2-1-1 Purpose ………………………………………………………………………..11
2-1-2 Applicability …………………………………………………………………. 11
2-1-3 Definitions ……………………………………………….……………………11
RULE 2-2 Disposal Permit for Sanitary Landfill and Reload Facility ……..…18
2-2-1 Requirements ……………………………………………..………………..18
2-2-2 Variances ……………………………………………………..……………….19
RULE 2-3 Sanitary Landfill Operating Rules ……………………………………………20
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RULE 2-4 Reload Facility Operating Rules ………………………………………………22
RULE 2-5 Transfer Station Operating Rules …………………………………………….24
RULE 2-6 Organics Facility Operating Rules ……………………………………………27
RULE 2-7 Administrative Fines for Violations of
Rules 2-3, 2-4, 2-5, and 2-6 ……………………………………………………..29
RULE 2-8 Solid Waste Fees …………………………………………………………………….30
2-8-1 Disposal Fees ……………………………………………………………… 30
2-8-2 Collection of Fees ……………………………………………………….. 30
2-8-3 Fee Schedule ………………………………………………………………. 30
RULE 2-9 Derelict or Abandoned Vehicles Program …………………………….….33
2-9-1 Reporting a Derelict or Abandoned Vehicle ……………………34
2-9-2 Removal of Derelict or Abandoned Vehicle ……………………34
2-9-3 Vehicle Disposal Assistance Program ……………………………..36
2-9-4 Auction of Abandoned Vehicles ……………………………………..36
RULE 2-10 Relating to Polystyrene Foam Food Container and
Food Service Ware Reduction ……………………………………..…………36
2-10-1 Purpose ……………………………………………………………….……….36
2-10-2 Prohibitions and Requirements ………………………………….…36
2-10-3 Exemptions …………………………………………………………………..36
2-10-4 Application for Exemption Due to Undue Hardship ………36
2-10-5 Duration, Renewal, and Revocation of Exemptions ………37
2-10-6 Administrative Fines ……………………………………………………. 38
2-10-7 Appeal ………………………………………………………………………….39
2-10-8 Emergency Exemption …………………………………………………. 39
RULE 2-11 Plastic Bag Reduction …………………………………………………….……40
2-11-1 Prohibition …………………………………………………………………… 40
2-11-2 Exemption ……………………………………………………………………. 40
2-11-3 Permissible Bags ………………………………………………………….. 40
2-11-4 Administrative Fines …………………………………………………….40
RULE 2-12 Prohibition of Non-Mineral Sunscreen…………………………………41
2-12-1 Definitions …………………………………………………………………… 41
2-12-2 Prohibition ………………………………………..………………………….41
2-12-3 Exceptions……………………………………………………………………..41
2-12-4 Enforcement and Administration ..………………………………..41
2-12-5 Administrative Fines ……………………………………………………..41
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2-12-6 No conflict with State or federal law……………………………..42
ARTICLE III WASTEWATER DIVISION …….………………………………………………………………….. 43
RULES 3 through 15 Reserved…………………………………………………………………..44
RULE 16 General Provisions …………………………………………………………………..44
16-1 Purpose ………………………………………………………………………….44
16-2 Authority ………………………………………………………………………..44
16-3 Definitions …………………………………………………………………..…44
RULE 17 Public Sewers …………………………………………………………………………..47
17-1 Connection to Sewer Required ……………………………..….…….47
RULE 18 Permit to Connect or Disconnect ……………………………………………..48
18-1 Connect or Disconnect ………………………………………..…………48
18-2 Inspections ………………………………………………………….…………48
18-3 Administrative Fines ………………………………………………………48
RULE 19 Extensions ………………………………………………………………………..…….49
19-1 Application for Sewer Main Extensions …………………..……..49
19-2 Payment of Costs …………………………………………………..………49
RULE 20 Reserved………………………………………………………………………………….50
RULE 21 Septage Haulers ………………………………………………………………..…….50
21-1 Septage Hauler Discharge Permit Required …………………….50
RULE 22 Sewer Service Charges ……………………………………………………………..51
22-1 Sewer Service Charges for Residential and
Nonresidential Customers …………………………………………….…51
22-2 Billing of Charges; Payment; Late Penalty ……………………..…51
22-3 Discontinuation of Water Service for Nonpayment
of Sewer Service Charges …………………………………………………51
22-4 Restoration of Water Services ………………………………………….53
SEVERABILITY and APPROVAL………………..…………………………………………………………………………….54
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ARTICLE I
ADMINISTRATIVE PROCEDURE
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RULE 1-1 General Provisions
1-1-1. General Applicability. These rules shall regulate the Department of
Environmental Management of the County of Hawaiʻi and its Director under the Hawaiʻi
Administrative Procedures Act, Chapter 91 of the Hawaiʻi Revised Statutes, Chapter 92 of the
Hawaiʻi Revised Statutes, the Charter of the County of Hawaiʻi, or other related acts as may now
or hereafter be administered by the Director of the Department of Environmental
Management. These rules shall be construed to secure the just and efficient determination of
every proceeding.
1-1-2. Definitions. Unless otherwise stated, the following terms shall have the
meanings provided below for the Department of Environmental Management:
“Charter” means the Hawaiʻi County Charter, as amended.
“Department” means the Department of Environmental Management.
“Director” means the director of the Department of Environmental Management or the
director’s designated representative.
“Person with Disability” means, with respect to an individual, a physical or mental
impairment which substantially limits one or more major life activities of such individual.
“Proceeding” means any matter that is brought before the Director, in which the
Department has jurisdiction including, but not limited to, adoption, amendment, or repeal of
any rule of the Department.
“Public Records” shall have the same meaning as is defined in Chapter 92 of the Hawaiʻi
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 include records which invade the right of privacy of an individual.
“Rule” means the Department’s statement of general or particular applicability and
future effect that implements, interprets, or prescribes law or policy, or describes the
organization, procedure, or practice requirements of the Department. The term does not
include regulations concerning only the internal management of the Department and not
affecting private rights of or procedures available to the public, nor does the term include
declaratory rulings issued by the Director pursuant to section 91-8 of the Hawaiʻi Revised
Statutes, nor intra-agency memoranda.
1-1-3. Accommodations for Persons with Disabilities.
(a) Every departmental hearing shall be held in an accessible location.
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(b) Publications and notices, including hearing notifications, shall be available in
alternative formats, (such as large print, Braille, or electronic copy) upon
request.
(c) Upon request and with sufficient notice, auxiliary aid/service or other
accommodation due to a disability shall be provided at a hearing.
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RULE 1-2 How to Obtain Information; Public Records.
1-2-1. Public Records. The public may obtain information regarding matters within the
jurisdiction of the Department at the Department’s administrative office in the manner
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 request 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 corporation 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
other 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 directing the custodian of records to permit the inspection of, or to
furnish copies of, the public record. If the court grants an order upon a finding
that the denial was not for just and proper cause, such records shall be made
available.
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RULE 1-3 Rulemaking Procedures.
1-3-1. Initiation of Rulemaking Proceedings.
(a) Petition. Any interested person may petition the Department, requesting the
adoption, amendment or repeal of any rule of the Department, stating the
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 the substance 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,
amendment or repeal.
(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 91-3 of the Hawaiʻi Revised Statutes, for the adoption, amendment or
repeal of the rule.
(d) Denial of Petition. Any petition that fails in material respect to comply with the
requirements of this section or that fails to disclose sufficient reasons to justify
the institution of rulemaking proceedings will not be considered by the
Department. The Department shall notify the petitioner in writing of such
denial, stating the reasons therefore. Denial of a petition shall not operate to
prevent the Department from acting, on its own, on any matter disclosed in the
petition. Petitioner may seek review of the denial through the circuit court in
accordance with Chapter 91 of the Hawaiʻi Revised Statutes.
(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 proceedings, the Department
shall conduct the rulemaking proceedings in accordance with this section and
the applicable statutes.
1-3-2. Notice of Public Hearing.
(a) Publication and 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 least once in a newspaper of general
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circulation in the county, and the notice shall also be mailed to all persons or
agencies who have made timely written requests for advance notice of the
Department’s rulemaking proceedings, provided that the fees or costs
prescribed in the Hawaiʻi County Code have been paid. All the notices shall be
published at least thirty (30) days prior to the date set for the public hearing.
(b) Form of Notice. A notice of the proposed adoption, amendment, or repeal of a
rule shall include:
(1) A statement of the topic of the proposed rule adoption, amendment, or
repeal or a general description of the subjects involved;
(2) A statement that a copy of the proposed rule to be adopted, the proposed
rule amendment, or the rule proposed to be repealed will be mailed to any
interested person who requests a copy, pays the required fees for the copy
and the postage, if any, together with a description of where and how the
requests may be made;
(3) A statement of when, where, and during what times the proposed rule to
be adopted, the proposed rule amendment, or the rule proposed to be
repealed may be reviewed in person; and
(4) The date, time, and place where the public hearing will be held and where
interested persons may be heard on the proposed rule adoption,
amendment, or repeal.
1-3-3. Conduct of Hearing.
(a) Presiding Officer. The public hearing for the adoption, amendment, or repeal
of any rule shall be heard before the Director. The hearing shall afford to
interested persons and agencies a reasonable opportunity to offer testimony
with respect to the matters specified in the notice of hearing, to obtain a clear,
orderly record, and shall be held at an accessible location. The Director shall
have authority to administer oaths or affirmations and to take all other actions
necessary for the orderly conduct of the hearing.
(b) Order of Proceeding. At the commencement of the hearing, the Director shall
read the notice of hearing and shall then outline briefly the procedure to be
followed. Testimony shall then be received with respect to the matters
specified in the notice of hearing in such order as the Director shall prescribe.
(c) Submission and Testimony. Each witness shall, before proceeding to testify,
state the witness’ name, address and whom the witness represents at the
hearing, and shall give such information respecting the witness’ appearances as
the Director may request. The Director shall confine the testimony to the
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matters for which the hearing has been called and shall not apply the technical
rules of evidence. Every witness shall be subject to questioning by the Director.
(d) Oral and Written Presentation. Any interested person or agency will be
afforded an opportunity to submit data, views, or arguments, orally or in
writing, that are relevant to the matters specified in the notice of hearing. An
original and two (2) copies of any written comments, recommendations, or
written materials shall be submitted. All supporting written statements, maps,
charts, tabulations, or similar data offered in evidence at the hearing, and
which are deemed by the Director to be authentic and relevant, shall be
received in evidence and made a part of the record.
(e) Transcript of the Evidence. Unless otherwise specifically ordered by the
Director, testimony given at the public hearing shall not be reported verbatim.
1-3-4. 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 public hearing, whichever occurs last.
1-3-5. Emergency Rulemaking. If the Director finds that an imminent peril to public
health, safety, morals, or to livestock and poultry health requires adoption, amendment, or
repeal of a rule upon less than thirty (30) days notice of hearing and states in writing its reasons
for such finding, the Department may proceed without prior notice or hearing or upon such
abbreviated notice and hearings it finds practicable to adopt an emergency rule to be effective
for a period not longer than one hundred twenty (120) days without renewal. Notice shall be in
accordance with Section 91-3 of the Hawaiʻi Revised Statutes.
1-3-6. Filing 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.
1-3-7. Effective Date. Each rule adopted, amended, or repealed shall become effective
ten (10) days after filing with the county clerk. If a later effective date is required by statute or
specified in the rule, the later date shall be the effective date; provided that no rule shall
specify an effective date in excess of thirty (30) days after the filing of the rule with the county
clerk. An emergency rule shall become effective upon filing with the county clerk for a period
not exceeding one hundred twenty (120) days without renewal unless extended in compliance
with Section 91-3(a) of the Hawaiʻi Revised Statutes.
1-3-8. Publication of Rules. As soon as practical, the Director shall compile, index, and
publish all rules adopted by the Department and remaining in effect. Compilations shall be
supplemented as often as necessary and shall be reviewed at least once every ten (10) years.
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RULE 1-4 Declaratory Rulings by the Department
1-4-1. 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.
1-4-2. Submission of Petition. The original petition and two (2) copies shall be
submitted to the Department. The petition shall contain:
(a) The name, address, telephone number, and signature of each petitioner;
(b) A statement of the nature of petitioner’s interest in the subject matter,
including reasons for submitting the petition;
(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; and
(f) A memorandum of authorities, containing a full discussion of the reasons and
any legal authorities in support of such position or contention.
1-4-3. 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.
1-4-4. 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
fact 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 relief;
(c) The issuance of the declaratory order may adversely affect the interests of the
County, the Department, or any of its officers or employees in any litigation
which is pending or may reasonably be expected to arise; or
(d) The matter is not within the Department’s jurisdiction.
1-4-5. 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
other departments or agencies where necessary or desirable.
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1-4-6. Notification of Petitioner. The petitioner shall be promptly informed by the
Director of the disposition of the petition.
1-4-7. Status of Orders. An order disposing of a petition shall have the same status as
other Department orders. An order shall be applicable only to the factual situation alleged in
the petition or set forth in the order. An order shall not be applicable to different factual
situations or where additional facts not considered in the order exist.
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ARTICLE II
SOLID WASTE DIVISION
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RULE 2-1 General Provisions
2-1-1. Purpose. These solid waste division rules shall set forth the department’s
standards and procedures as authorized by Chapter 20 of the Hawaiʻi County Code.
2-1-2. Applicability. These rules are applicable to all persons, as defined in this article,
who utilize the County of Hawaiʻi’s solid waste division facilities.
2-1-3. Definitions. Unless otherwise 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 unlawfully parked and left unattended for
a continuous period of more than twenty-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 members of the public.
“Abandoned Vehicle Program” 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 disposition 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 fees charged, and 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 may be prohibited for disposal at transfer stations
(convenience centers) or would typically not fit in transfer station (convenience center) chutes
or solid waste transport trailers.
“Business” means any commercial enterprise or establishment, including sole
proprietorships, joint ventures, partnerships and corporations, or any other legal entity, and
includes independent contractors associated with the business.
“CFR” means Code of Federal Regulations.
“Commercial cooking oil waste” means cooking oil which, because of prior use, potency
loss, or contamination, is no longer usable or salable by a business engaged in cooking food or
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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 waste” means animal/vegetable fat, oil and grease and other waste
that is retained in or removed from 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.
“Commercial hauler” means a transporter of solid waste made up of commercial,
residential or industrial solid waste.
“Commercial solid waste” means all types of solid waste generated from commercial
activities including, but not limited to, stores, offices, restaurants, warehouses, and non-
manufacturing activities, excluding residential and industrial wastes.
“Commission” means the Environmental Management Commission.
“Compost” means the result of microorganisms decomposing organics through the
process of aerobic biodegradation, commonly used as a soil amendment.
“Compostable” means all materials in the product or package will break down, or
otherwise become part of usable compost (e.g., soil-conditioning material, mulch) in a
municipal or industrial composting facility. Compostable disposable food service ware includes
ASTM-standard paper/fiber and bio-plastics (plastic-like) products that are clearly labeled either
on individual food service ware or packaging for food service ware so that any compost
collector and processor can easily distinguish the ASTM-standard compostable material from
non-ASTM standard compostable material. Required certification of compostable food service
ware shall be done by independent third-party organization Biodegradable Products Institute
(BPI) or similar ASTM recognized certifier.
“Construction and demolition waste” means material such as metals, wood, gypsum,
asphalt shingles, roofing, concrete, rocks, rubble, soil and glass or similar materials.
“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 Hawaiʻi.
“County facility” means any building, structure, or vehicle owned and operated by the
County, its agents, agencies, and departments and includes County buildings, structures, parks,
recreation facilities, or property.
“County facility user” 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
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contract to use a sidewalk or roadway. County facility users also include concession contracts
with the County, County managed concessions, County sponsored events and food services
provided at County expense.
“Days” means calendar days unless otherwise specified.
“Derelict vehicle” means as defined in Section 290-8, Hawaiʻi Revised Statutes.
“Department” means the Department of Environmental Management.
“Director” means the Director of the Department of Environmental Management or the
director’s designated representative.
“Disposable food service ware” means disposable food containers that are commonly
disposed of after a single use, that are used, or are intended to be used, to serve or transport
prepared, ready-to-consume food or beverages. This includes, but is not limited to, cups, bowls,
plates, or clamshell containers that are provided by a food vendor for takeout foods and
beverages and/or leftovers from partially consumed meals, excluding straws, cup lids, utensils,
food-related bags and wrappers, packaging for unprepared food, and pre-packaged or pre-
sealed items such as bread, cookies, milk, juice, snacks, candy, nuts, fruits, vegetables, or other
items typically sold in a grocery store or a food manufacturer’s retail location.
“Feral animal” means animals that have changed from being domesticated to being
wild, natural, or untamed. This includes but is not limited to dogs, cats, pigs, goats, and
chickens.
“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, non-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 outlet, restaurant, grocery
store, supermarket, delicatessen, caterer, catering truck or vehicle; and any organization, group
or individual which provides food in conjunction with services.
“Food service ware” includes plates, bowls, cups, lids, straws, stirrers, forks, spoons,
knives, napkins, trays, and other items primarily designed for use in consuming food.
“Greenwaste” means palm fronds, leaves, tree, shrubs, bush and hedge cuttings, grass
clippings, untreated and unpainted wood pallets, logs, branches, excluding invasive species.
“HCC” means Hawaiʻi County Code.
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“Household pet” means a small animal weighing less than 50 pounds.
“Household solid waste or recyclables” means solid waste or recyclables originating
from homes and residences.
“HRS” means the Hawaiʻi Revised Statutes.
“Impound facility” means a facility where abandoned vehicles 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
feet in volume before crushing shall not be included in this definition.
“Liquid waste” means any waste material that is determined to contain “free liquids” as
defined by the Paint Filter Liquids test.
“Medical waste” means all infectious and injurious waste originating from a medical,
veterinary, or intermediate care facility.
“Materials” means all items acceptable by permit at a SWD facility.
"Mils thickness" means a unit of measurement 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 mils.
“Mulch” means processed greenwaste used on the soil surface to reduce weeds,
conserve soil moisture, improve water infiltration, or for aesthetic purposes.
“Net 30 business account” means an account which must be paid within thirty (30) full
days of the billing statement date, which is created based on a customer’s proven credit history
with the County.
“Organics” means solid wastes containing carbon compounds that are capable of being
biologically degraded, including paper, food residuals, wood wastes, yard debris, and plant
wastes.
“Organics facility” means a facility that accepts greenwaste and acceptable organics and
processes it into mulch or compost.
“Permit” means written authorization from the director to dispose of any solid waste
material in a SWD facility.
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“Person” means any individual, firm, association, co-partnership, political subdivision,
government agency, municipality, industry, public or private corporation, nonprofit, 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 made from
non-compostable plastic or compostable plastic, and is not specifically designed and
manufactured for multiple re-use.
“Polystyrene foam,” sometimes referred to as “Styrofoam,” a Dow Chemical Company
trademarked product, means a thermoplastic petrochemical material utilizing the styrene
monomer, which may be marked with resin symbol #6, processed by any number of techniques
including, but not limited to fusion of polymer spheres (expandable bead polystyrene), injection
molding, form molding, and extrusion-blow molding (extruded foam polystyrene). In food
service, polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell
containers, meat trays and egg cartons intended for a single use. Polystyrene foam does not
include solid hard polystyrene.
“Prepared food” means food or beverages, which are served, packaged, cooked,
chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared for consumption by a
retail consumer on the premises of a food provider, including, but not limited to, beverages,
ready to eat, and takeout food. Prepared food does not include raw: eggs; butchered meats;
fish; and/or poultry unless provided for consumption without further food preparation or
heating. For example, sashimi and poke shall be considered to be prepared food. This also
does not include pre-packaged or pre-sealed items such as breads, cookies, milk, juice, snacks,
candy, nuts, fruits, vegetables, or other items typically sold in a grocery store or a food
manufacturer’s retail location.
"Prescription drug" means the same as defined in section 461-1, HRS, as amended.
“Private road” means every way or place in private ownership and used for vehicular
travel by the owner and those having express or implied permission from the owner, including
private roads open to the public.
“Prohibited materials” include, but are not limited to, burning or smoldering materials,
paint thinner or solvents; oil based paint; engine oil, antifreeze or lead acid batteries;
pesticides, poisons; household cleaner; contaminated soil; untreated medical waste; propane,
compressed gas cylinders; diesel, gasoline or alcohol; liquids or sludge in containers one gallon
or larger unless mixed with a bulking agent so that it solidifies, large appliances, automobiles,
whole tires, radioactive or chemical waste, explosives, blasting materials, fuses, live
ammunition, and hazardous wastes as defined in the HRS or Hawaiʻi Administrative Rules.
“Public property” means all real property owned by the County or State of Hawaiʻi, or
the Federal government.
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“Recyclable” means material that has reached the end of its current use and may be
processed into material utilized in the production of new products.
“Reload facility” means a facility that receives and consolidates solid waste or recyclable
materials for future transport to disposal or processing facilities from municipal or commercial
collection trucks and self-haulers’ vehicles and loads the solid waste onto tractor trailers for
long-haul transport to a distant disposal facility.
“Reusable 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 landfill” 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 location, operation, design, ground
water monitoring, corrective action, closure and post-closure, and financial assurance.
“Sanitary landfill disposal fees,” also known as “tipping fees” or “gate fees,” means the
fee paid to dispose of waste in a landfill. This fee pays for the cost of using and operating the
landfill and administrative costs.
“Scavenging” means the removal of materials at a SWD facility without the approval of
the director.
“Self-hauled” means individuals hauling only their own self-generated 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
activities.
“Special handling materials” means tree stumps, root balls, telephone poles, pilings,
cables, barbed wire, dead animals, seafood, and slaughter house waste, asbestos,
contaminated soil, canec material, biosolids, FOG (fats, oils and grease, treated medical waste,
COH DEM RULES – Revised April 19, 2023
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document destruction, and other materials the department determines to require special
handling.
“Storage” means the holding of derelict or abandoned vehicles for a temporary period.
“SWD” means the solid waste division of the department of environmental
management.
“SWD facility” means the County or contractor facility for the management of materials
that is legally permitted to accept pursuant to state law.
“Transfer station” means a permanent, fixed, supplemental collection and
transportation facility, used to deposit self-hauled household materials into a larger transfer
container for transport to a SWD facility.
“Undue hardship” means situations unique to the food providers or County facility user
that generally do not apply to other persons in similar circumstances.
“Unsecured load” means any solid waste material that is not covered or otherwise
secured in place during transport.
“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 SWD weighmaster for a specific load
weighed on a certified scale. Also known as a scale ticket.
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RULE 2-2 Disposal Permit for Sanitary Landfill and Reload Facility
2-2-1. Requirements.
(a) No business, government agency, religious entity or nonprofit organization
shall dispose of solid waste at any sanitary landfill or reload facility without first
obtaining a disposal permit issued by the director and 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 applications shall
not be considered by the director.
(1) The following information is required on the application:
(A) Name, mailing and street address, telephone number and e-mail
address (if available) of the business, government agency, religious
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 volume and frequency of solid waste to be disposed.
(D) Origin and type of solid waste to be disposed.
(E) Other information as deemed necessary by the director.
(2) Persons not acting as or on behalf of any business, government agency,
religious entity or nonprofit organization shall provide their name,
residence and mailing address, and e-mail address (if available), residence
and employer telephone numbers, driver’s license number, and any other
information deemed necessary by the director for billing, collection and
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 due.
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(2) Failure 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 requesting a hearing
pursuant to Chapter 20, HCC.
(f) Any person who is found within a sanitary landfill or reload facility attempting
to continue business with a suspended or revoked permit shall be deemed to
be a trespasser and subject to prosecution, pursuant to Chapter 20, HCC.
(g) Permit Fee. There shall be a fee of $50 for the issuance of a solid waste
disposal permit to a business, government agency, religious entity or nonprofit
organization, payable with the application. There shall be no fee for the
issuance of a permit to persons not acting as or on behalf of a business,
government agency, religious entity or nonprofit organization. The permit
grants access into the SWD facility and nothing more.
2-2-2. Variances. There shall be no variances or exemptions to either the permit 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 the county.
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RULE 2-3 Sanitary Landfill Operating Rules
2-3-1. All solid waste, except for prohibited materials, shall be accepted at the sanitary
landfill when properly deposited. Prohibited materials may be accepted upon approval of the
director.
2-3-2. All sanitary landfill customers shall have a current Solid Waste Facility Disposal
Permit, except for household self-hauled customers.
2-3-3. 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.
2-3-4. All customers enter the facility at their own risk.
2-3-5. All customers shall adhere to all communications from SWD personnel and/or
County contractors.
2-3-6. 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.
2-3-7. 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.
2-3-8. The SWD personnel 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.
2-3-9. No customer(s) shall be admitted into the sanitary landfill after the posted
closing time.
2-3-10. Loitering within the sanitary landfill site is prohibited. All customers shall leave
the sanitary landfill site immediately after weighing out.
2-3-11. Everyone entering SWD facilities shall observe all posted speed limits and traffic
warning signs.
2-3-12. 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 the operation of the vehicle is also
prohibited.
2-3-13. Children under the age of 16 and all pets must remain in the vehicle at all times.
COH DEM RULES – Revised April 19, 2023
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2-3-14. Tools, tailgates, etc., must be kept on, in, or under the vehicle while unloading.
2-3-15. Dangerous practices, such as rapid backing up to discharge loads, operating
vehicles with unsecured doors, etc., are prohibited.
2-3-16. Load pull off service is not provided.
2-3-17. Loads shall be securely tied and/or covered upon arrival at the scalehouse to
prevent spillage. All unsecured loads shall be accessed an unsecured load fee.
2-3-18. All sanitary landfill users shall first communicate with the sanitary landfill SWD
personnel before unloading. Unloading is permitted only in those areas designated by the SWD
personnel.
2-3-19. The scavenging of unloaded material is prohibited.
2-3-20. Tree stumps, roots, telephone poles, pilings, cables and wire fences and other
similar material shall 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.
2-3-21. Travel within the sanitary landfill shall be on designated routes only. Any
vehicle unable to negotiate these routes because of faulty or malfunctioning equipment shall
be prohibited from entering the sanitary landfill.
2-3-22. Customers and vehicles shall maintain a minimum distance of 25 feet from the
sanitary landfill equipment at all times.
2-3-23. Witness requirement for confidential document destruction shall be provided
by the agency or individual requesting such special handling.
2-3-24. Any concerns regarding a violation of safety practices should be reported to the
SWD personnel.
2-3-25. Closed toe shoes, high visibility vest, shirts, et cetera, shall be worn at the
sanitary landfill working face.
2-3-26. All vehicles must have a current County of Hawaiʻi vehicle registration and
safety inspection, which shall be made available upon request by SWD personnel.
2-3-27. Drinking alcoholic beverages, smoking, use of drugs, or use of firearms is
prohibited.
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RULE 2-4 Reload Facility Operating Rules
2-4-1. All solid waste, except for prohibited materials and special handling materials,
shall be accepted at the reload facility when properly deposited. Prohibited materials and
special handling materials may be accepted upon approval of the Director.
2-4-2. All reload facility customers shall have a current Solid Waste Facility Disposal
Permit, except for residential self-hauled customers.
2-4-3. 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
Chapter 20, HCC.
2-4-4. All customers shall check in at the scalehouse and all customers enter at their
own risk.
2-4-5. All customers shall adhere to all communications from the SWD personnel
and/or County contractors.
2-4-6. The maximum load size shall not exceed 40 cubic yards, unless otherwise
approved by the director.
2-4-7. The maximum load size for construction and demolition waste must not exceed 5
cubic yards unless otherwise approved by the director.
2-4-8. 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.
2-4-9. The SWD personnel 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.
2-4-10. No customer shall be admitted into the reload facility after the posted closing
time.
2-4-11. Loitering within the reload facility is prohibited. All customers shall leave the
reload facility immediately after unloading.
2-4-12. Everyone entering SWD facilities shall observe all posted speed limits and traffic
warning signs.
2-4-13. 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.
2-4-14. Children under the age of 16 and all pets shall remain in the vehicle at all times.
COH DEM RULES – Revised April 19, 2023
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2-4-15. Tools, tailgates, etc., shall be kept on, in, or under the vehicle while unloading.
2-4-16. Dangerous practices, such as rapid backing up to discharge loads, operating
vehicles with unsecured doors, etc., are prohibited.
2-4-17. Load pull off service shall not be provided.
2-4-18. Loads shall be securely tied and/or covered upon arrival at the scalehouse to
prevent spillage. All unsecured loads will be accessed an unsecured load fee.
2-4-19. All reload facility customers users shall first communicate with the SWD
personnel before unloading. Unloading is permitted only in those areas designated by the SWD
personnel.
2-4-20. The scavenging of unloaded material is prohibited.
2-4-21. Vehicles shall maintain a minimum distance of 15 feet from the reload facility
equipment at all times.
2-4-22. Any concerns regarding a violation of safety practices should be reported to the
SWD personnel.
2-4-23. Closed toe shoes, high visibility vest, shirts, et cetera, shall be worn at the
reload facility.
2-4-24. All vehicles shall have a current County of Hawaiʻi vehicle registration and safety
inspection, which shall be made available upon request by SWD personnel.
2-4-25. Drinking alcoholic beverages, smoking, use of drugs, or use of firearms is
prohibited.
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RULE 2-5 Transfer Station Operating Rules
2-5-1. All self-hauled acceptable household materials deposited into a transfer station
container or area shall be accepted by the County for disposal on any day the transfer station is
open.
2-5-2. Prohibited materials and special handling materials shall not be dropped off at a
transfer station, including solid waste generated by a business, government agency, religious
entity or nonprofit organization. Prohibited materials and special handling materials may be
accepted upon approval of the director.
2-5-3. The director may authorize the disposal of non-self-hauled solid waste at the
transfer station and may also authorize non-household solid waste disposal.
2-5-4. The SWD personnel may search and/or recover lost items from the transfer
station at the discretion of the SWD and the customer shall be charged a fee for said service.
2-5-5. Any unauthorized person entering into the transfer station during nonworking
hours or for purposes other than that permitted in this section shall be considered to be a
trespasser, and shall be subject to criminal enforcement under chapter 20, HCC.
2-5-6. All customers enter the facility at their own risk.
2-5-7. All materials shall be deposited directly into the designated container or solid
waste area.
2-5-8. Depositing materials outside of a designated area shall be considered littering
and shall be punishable pursuant to chapter 14, HCC.
2-5-9. Customers are expected to utilize the appropriate designated container or area
at a transfer station that offers sanitary landfill diversion collection.
2-5-10. All customers shall adhere to all communications from SWD personnel and/or
County contractors.
2-5-11. Customers are limited to dropping off one large appliance per vehicle per day
where accepted.
2-5-12. Customers may include one double-bagged deceased household pet per day in
their daily load limit.
2-5-13. Customers shall not put greenwaste into solid waste chutes at transfer stations
that offer greenwaste collection, except greenwaste that is classified as an invasive species.
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2-5-14. All vehicles shall have a current County of Hawaiʻi vehicle registration and safety
inspection, which shall be made available upon request by SWD personnel.
2-5-15. The maximum solid waste load size, including construction and demolition
debris but excluding 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.
2-5-16. Hide-a-beds are not permitted to be thrown down the transfer station chute.
2-5-17. Vehicles are limited to sedans, SUVs, pickup trucks, or vans. Dump bed trucks
are prohibited at the transfer stations. Trailers are prohibited at transfer stations, except as
provided below:
(a) After a review of site designs, safety reports, and SWD recommendations, and
having determined that a transfer station allows the safe maneuvering, the
Director will publish locations, dates, and times trailers will be allowed. The
Director may suspend this authorization at any time.
(b) Trailers shall not exceed 6 feet by 9 feet.
(c) All trailers shall have a current County of Hawai‘i vehicle registration and safety
inspection. Transfer station users shall follow all other rules for solid waste
disposal and all directions from SWD personnel.
(d) Transfer station users shall pull trailers beside a chute and minimize reversing
their trailers when possible.
(e) The Director will notify the public of schedule changes regarding trailers at
transfer stations.
2-5-18. Business-owned vehicles are permitted, provided they are limited to the vehicle
types listed in Rule 2-5-17 above and are delivering household, self-hauled solid waste, and/or
recyclables contained in no more than two 33 gallon trash bags per vehicle per day.
2-5-19. The maximum greenwaste load size shall not exceed 5 cubic yards. Except for
palm fronds, no greenwaste items, including logs and branches, shall exceed 3 feet in length or
1 foot in diameter. Not more than one load per day shall be allowed unless approved in
advance by the director.
2-5-20. No customers shall be admitted into the transfer station after the posted
closing time.
2-5-21. Loitering within the transfer station is prohibited. All customers shall leave the
transfer station immediately after unloading.
2-5-22. Everyone entering SWD facilities shall observe all posted speed limits and traffic
warning signs.
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2-5-23. Use of handheld devices while operating a vehicle is prohibited. Making phone
calls or 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.
2-5-24. Children under the age of 16 and all pets shall remain in the vehicle at all times.
2-5-25. Tools, tailgates, etc., shall be kept on, in, or under the vehicle while unloading.
2-5-26. Dangerous practices, such as rapid backing up to discharge loads, operating
vehicles with unsecured doors, etc., are prohibited.
2-5-27. Loads shall be securely tied and/or covered upon arrival at the transfer station
to prevent spillage.
2-5-28. All customers shall follow the directions of SWD personnel or County
contractors before unloading.
2-5-29. The scavenging of unloaded material is prohibited.
2-5-30. Any concerns regarding a violation of safety practices should be reported to the
SWD personnel.
2-5-31. Drinking alcoholic beverages, smoking, use of drugs, or use of firearms is
prohibited.
2-5-32. To prevent interference with SWD operations, collisions with vehicles, and
potential disease transmission, the feeding of feral animals is prohibited.
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RULE 2-6 Organics Facilities Operating Rules
2-6-1. 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.
2-6-2. All greenwaste customers’ vehicles shall be weighed at the scalehouse 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 may be prohibited
from the facility in the future.
2-6-3. Mulch customers may bypass the scalehouse with approval of the director.
2-6-4. All business, government agency and non-profit agency greenwaste customers
shall have a current Solid Waste Facility Disposal Permit.
2-6-5. Any customer’s load may be inspected before and after unloading. If the load is
contaminated, the material may be rejected and reloaded into the customer’s vehicle.
2-6-6. 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.
2-6-7. All customers enter the facility at their own risk.
2-6-8. All customers shall adhere to all communications from SWD personnel and/or
County contractors.
2-6-9. Loitering within the organic facility site is prohibited. All customers shall leave the
organic facility immediately after loading and unloading.
2-6-10. Everyone entering SWD facilities shall observe all posted speed limits and traffic
warning signs.
2-6-11. 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.
2-6-12. Children under the age of 16 and all pets shall remain in the vehicle at all times.
2-6-13. Tools, tailgates, etc., shall be kept on, in, or under the vehicle while loading and
unloading.
2-6-14. Dangerous practices, such as rapid backing, operating vehicles with unsecure
doors, etc., are prohibited.
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2-6-15. Customers shall unload their greenwaste or be loaded with mulch in areas
designated by the SWD personnel or County contractors.
2-6-16. Travel within the organics facility shall be on designated routes only. Any
vehicle unable to negotiate these routes because of faulty or malfunctioning equipment shall
be prohibited from entering the organics facility.
2-6-17. Any concerns regarding a violation of safety practices should be reported to the
SWD personnel and/or County contractor.
2-6-18. All vehicles shall have a current County of Hawaiʻi vehicle registration and safety
inspection, which shall be made available upon request by SWD personnel.
2-6-19. Incoming greenwaste loads shall be securely tied and/or covered upon arrival at
the scalehouse, and outgoing mulch loads shall be covered and secured to prevent spillage. All
unsecured greenwaste loads shall be assessed an unsecured load fee.
2-6-20. Drinking alcoholic beverages, smoking, use of drugs, or use of firearms is
prohibited.
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RULE 2-7 Administrative Fines for Violations of Rules 2-3, 2-4, 2-5, and 2-6.
2-7-1. Any person violating any section of Rules 2-3, 2-4, 2-5, and 2-6 shall 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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RULE 2-8 Solid Waste Fees
2-8-1. Disposal Fees.
(a) Any solid waste, except for prohibited materials, delivered by a business, public
agency, religious entity, nonprofit organization or private citizen to the working
face of a sanitary landfill, reload facility, or organics facility shall be charged by
the ton, or pro-rated accordingly, at the rates set forth herein.
(b) Scales, certified by the State of Hawaiʻi, shall be operated at a sanitary landfill,
reload facility or organics facility. A weight ticket shall be issued to the driver
of each permitted vehicle after it is weighed at the landfill. The weight ticket
shall list relevant information such as, date, time, permittee, vehicle I.D.
number, gross, tare, and net weights, and tipping fee. In the event of a printer
or other malfunction, weight ticket information shall be made available to the
permittee as soon as possible.
(c) In the event the weighing equipment is inoperable, charges shall be based on
volume rates as set forth herein.
2-8-2. Collection of Fees.
(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 each load including the weight (or volume), vehicle I.D.,
date, and time.
(c) A customer may request a net 30 business account by submitting 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 account
will occur after a delinquency occurs.
(d) A net 30 business account billing statement shall be made monthly, and
payments 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.
2-8-3. Fee Schedule. Fees for solid waste disposal into SWD facilities are established as
follows:
(1) Sanitary landfill disposal fees.
(A) Rate by weight: Dollars per ton prorated accordingly.
Year beginning on July 1 of each calendar year.
2022 2023
$116 $124
In subsequent years the disposal fees will increase at a minimum in accordance
with the fourth quarter of the calendar year prior to the coming fiscal year of
the Honolulu consumer price index.
(B) When and if it is impossible or impractical due to power outage, disaster,
or other emergency to determine an accurate weight, rates by vehicle size
and volume shall be used:
TYPE I: Light trucks or other vehicles with a gross vehicle weight of less
than 10,000 pounds with no more than three cubic yards of solid waste
charged as dollars per truck.
Year beginning on July 1 of each calendar year.
2022 2023
$70 $75
TYPE II: Medium trucks or other vehicles with a gross vehicle weight from
10,000 pounds to 19,999 pounds with no more than six cubic yards of solid
waste charged as dollars per truck.
Year beginning on July 1 of each calendar year.
2022 2023
$117 $125
TYPE III: Large trucks or other vehicles with a gross vehicle weight from
20,000 pounds to 25,999 pounds with no more than nine cubic yards of
solid waste charged as dollars per truck.
Year beginning on July 1 of each calendar year.
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2022 2023
$209 $223
TYPE IV: All other trucks or vehicles with a gross vehicle weight of 26,000
pounds including commercial solid waste hauling trucks or all other
vehicles not qualifying as a Type I, II, or III:
1. Compacted. Dollars per cubic yard.
Year beginning on July 1 of each calendar year.
2022 2023
$38 $41
2. Not compacted. Dollars per cubic yard.
Year beginning on July 1 of each calendar year.
2022 2023
$23 $25
(C) Special handling: Shall be twice the amount per ton listed in (1)(A) above.
(D) Residential credit: Commercial haulers of residential waste shall be eligible
for a partial credit for each single-family household from which the hauler
collects refuse, provided the hauler’s account is current. The annual credit shall
be equal to the landfill disposal fee multiplied by one and one-half tons per
year per single-family household. An additional credit for the (1)(E) Reload
Facility Disposal Fee equal to the amount charged for one and one half-tons per
year per single-family household may also be claimed. The total residential
credit shall not exceed the total landfill tipping fees charged to the residential
hauler for the month for which the credit is being claimed. Commercial haulers
who claim this credit shall provide documentation to the solid waste division
including customer name, mailing address, and service address for each credit
claimed. Claims for the residential credit must be submitted on or before the
last day of the month following the month for which the credit is being claimed
and the hauler’s account must be current for the credit to be applied. Names,
mailing addresses, and service addresses of customers of residential haulers
are subject to the disclosure limitations in section 92F, Hawai‘i Revised
Statutes, as disclosure would cause substantial harm to the competitive
position of the person from whom the information was obtained.
(E) Reload Facility Disposal Fee: A Reload Facility Disposal Fee of $25 per ton
shall be charged for each load delivered to the Reload Facility. This fee is in
addition to the disposal fees in (1)(A) above and is for costs related to SWD
handling and hauling of commercial refuse from the Reload Facility to the
COH DEM RULES – Revised April 19, 2023
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Sanitary Landfill. This fee shall be effective July 1, 2023, and will be subject to
periodic review.
(2) Lost item fee: If SWD personnel are able to search for a customer’s lost item
within an hour of arrival at the landfill, the fee will be calculated for the total
time SWD personnel removes a trailer from a station, delivers the trailer to the
landfill for item recovery, and returns the trailer to the station from which it
originated.
Lost Item Fee for first hour
$500
Additional Lost Item Fee for the second and third hour
$250 per hour (Maximum search time 3 hours)
Customers wishing to retrieve a lost item will be responsible for the full cost as
noted in this table, not to exceed a maximum of 3 hours, of the scheduled fees.
(3) Greenwaste and organics facility fee.
(A) All clean greenwaste and acceptable organics must be delivered to a
permitted County greenwaste and organics facility.
(B) The greenwaste and organics disposal fee is set at 25% of the sanitary
landfill disposal fee as described 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(1)(B) above at a County
greenwaste and organics facility without scales. These facilities are able to
accept Type I and Type II 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 suspended by the
director if the greenwaste and organics facilities are not operating.
(4) Additional fee. In addition to the above fees, an additional fee of twenty-five
dollars ($25) shall be assessed for all unsecured loads at the sanitary landfill,
reload station, and organics facilities.
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RULE 2-9 Derelict or Abandoned Vehicles Program
2-9-1. Reporting a Derelict or Abandoned Vehicle.
(a) All derelict or abandoned vehicles located on public property or private roads
may be reported to the County police dispatcher.
2-9-2. Removal of Derelict or Abandoned Vehicle.
(a) A responsible government enforcement agency shall attach a notice to the
reported vehicle, requiring the owner to remove the vehicle within 24 hours.
(b) A report is initiated for vehicles not removed within 24 hours.
(c) The report shall be considered closed for any vehicle that has been moved
beyond the required minimum distance under Section 20-07-01 of the Hawai‘i
County Code within 24 hours from the reported location when the County
contractor arrives to tow the vehicle.
(d) Vehicles identified as derelict pursuant to section 290-8, HRS, shall be
immediately hauled to the vehicle processing facility or to the impound facility,
as determined by the department.
(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.
(f) Towing, storage, and administration fee: The registered owner shall pay for the
actual cost of towing, 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 from the date of the tow 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 abandoned vehicles shall be disposed of, or sold at, public
auction.
(i) There is established a vehicle disposal assistance program to assist Hawai‘i
County residents with disposal of vehicles. Assistance shall be contingent on
the availability of funds within the County’s vehicle disposal fund, and at the
discretion of the director.
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a. To apply for assistance, a property owner or registered vehicle owner
shall apply to the department to have the department dispose of a
vehicle from the property owner or registered vehicle owner’s property.
b. The property owner shall ensure that the vehicle is located within 20
feet of the nearest roadway and is accessible to be towed.
2-9-3. Vehicle Disposal Assistance Program.
(a) The Vehicle Disposal Assistance Program (VDAP) assists residents of Hawaiʻi
County with the disposal fee of junk vehicles based on available funding.
(b) A resident shall complete the department’s Vehicle Disposal Assistance
Application and provide all requested documentation. Incomplete applications
or failure to provide requested documentation shall result in denial of
participation in the program.
2-9-4. Auction of Abandoned Vehicles.
(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 inaccurate or incomplete bid forms, as
determined by the department, shall be rejected.
(c) All bidders shall submit 25% of their total bid, rounded up to the nearest dollar
amount. All auction payments shall be made by cash, cashier’s check, money
order, or other financial instrument approved by the department.
(d) All bids shall be delivered to the department in person, unless otherwise
specified by the department.
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RULE 2-10 Relating to Polystyrene Foam Food Container and Food Service Ware Reduction
2-10-1. 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.
2-10-2. Prohibitions and Requirements.
(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) All County facility users shall not use disposable food service ware that is made
from polystyrene foam and shall use a recyclable or compostable product for
disposable food service ware.
2-10-3. Exemptions. This rule shall not apply to the following:
(a) Foods packaged outside the limits of the County of Hawaiʻi.
(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.
2-10-4. Application for Exemption Due to Undue Hardship. County facility users and
food providers seeking an exemption from the requirements of this chapter due to undue
hardship shall complete the department application and submit it to the director as set forth
below. All exemptions granted under this section shall be promptly posted on the County
website for the department as a notice of temporary exemption. The director may approve or
deny an exemption application for undue hardship.
(a) Application for Exemption Due to Hardship to the County Facility User. A
County facility user shall submit a Department application to the director and
shall include with specificity the following:
(1) The name, mailing address, telephone number, and email of the County
facility user.
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(2) The name and location of the County facility to be used, submission date of
the County facility use permit application, and event date(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
estimate of the quantity of the product used.
(4) The factual 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
include packaging necessary for safely containing food that is of
significantly high or low temperature; specific transportation requirements
or safeguards.
(5) If an exemption is granted under this section, the polystyrene foam food
service ware(s) may only be used for the specific food item(s) identified in
the application.
(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 service ware(s) at issue, including why the food
vendor requires the product(s) and an estimate of the monthly quantity of
the product used.
(3) The factual basis to support 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.
2-10-5. Duration, Renewal, and Revocation of Exemptions.
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(a) Initial exemptions are valid for a maximum period of one hundred eighty (180)
days, except that shorter periods may be approved by the director.
(b) Applications to renew exemptions shall be submitted to the department no
later than thirty (30) days prior to the expiration of the exemptions. 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 revoked upon the director’s finding that the basis for the
exemption is no longer valid or the applicant has otherwise violated this
chapter.
2-10-6. Administrative Fines.
(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 facility user has sold or transferred disposable food service ware made
from polystyrene foam shall constitute a separate violation of this article.
(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 $50 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 assessed fines for each
special event as follows:
(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.
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2-10-7. Appeal. A County facility user or food provider aggrieved by the director’s final
decision may appeal the decision in accordance with chapter 20, HCC.
2-10-8. 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 the emergency
situation has ceased and the exemption is no longer needed to preserve the public peace,
health, and safety.
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RULE 2-11 Plastic Bag Reduction
2-11-1. Prohibition. Businesses are prohibited from providing single-use plastic
checkout bags to their customers for the purpose of transporting groceries or other goods. A
civil fine may be imposed for doing so.
2-11-2. Exemption. Exempted from these rules are organizations classified under
Section 501 (c)(3) of the United States Internal Revenue code.
2-11-3. Permissible bags. The following types of plastic bags, provided by a business for
the uses stated herein, shall not be subject to the prohibition set forth in section 15-2 of this rule:
(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 including, but not limited to, bags
for: fruits, vegetables, nuts, grains, cereal, flour, rice and candy.
(3) Bags designed and used solely for protecting garments when provided by a
garment cleaning 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 transporting groceries.
(7) Bags made from plastic that 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.
2-11-4. Administrative Fines. The violator shall pay to the County an initial civil
fine in the amount of $250 and $500 per day thereafter for each day until the violation is
corrected.
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RULE 2-12 Prohibition of Non-Mineral Sunscreen
2-12-1. Definitions. Unless otherwise stated, the following terms shall have the
meanings provided below for the Department of Environmental Management:
“Sunscreen,” “licensed healthcare provider,” and “prescription" mean the same as
defined in section 342D-21, Hawai‘i Revised Statutes.
“Non-mineral sunscreen" means any sunscreen that uses an active ingredient other
than titanium dioxide and zinc oxide.
“Titanium dioxide" means the chemical titanium (IV) oxide under the International
Union of Pure and Applied Chemistry chemical nomenclature registry, has a chemical abstract
service registry number 13463-67-7, and whose synonyms include TiO2, titania, rutile, anatase,
brookite, akaogiite, titanium white, Pigment White 6 ( PW6), Colour Index (CI) 77891, oxido de
titanio (IV), and titandioxid, and is intended to be used as protection against ultraviolet light
radiation with a spectrum wavelength from four hundred nanometers to two hundred twenty
nanometers in an epidermal sunscreen-protection personal care product.
“Zinc oxide" means the chemical oxozinc under the International Union of Pure and
Applied Chemistry chemical nomenclature registry, has a chemical abstract service registry
number 1314- 13- 2, and whose synonyms include ZnO, zinc white, calamine, Chinese White,
flowers of zinc, and zinc oxide, and is intended to be used as protection against ultraviolet light
radiation with a spectrum wavelength from four hundred nanometers to two hundred twenty
nanometers in an epidermal sunscreen-protection personal-care product.
2-12-2. Prohibition. It is unlawful to sell, offer for sale, or distribute for sale any non-
mineral sunscreen without a prescription issued by a licensed healthcare provider.
2-12-3. Exceptions. This article shall not apply to the sale, distribution, or offer of sale of
sunscreens banned pursuant to chapter 342D, Hawai‘i Revised Statutes.
2-12-4. Enforcement and Administration. Enforcement and administration of the
provisions of this article shall be under the jurisdiction of the Department of Environmental
Management of the County.
2-12-5. Administrative Fines.
a) A fine may be imposed upon findings made by any designee of the Department
of Environmental Management. Any person, corporation, public agency, or other entity who
violates this article:
1. Shall be issued a written warning letter with a description of the violation(s) and
shall have 15 days from the date of the letter to respond. Once contact is made
with the department, the violator shall have 30 calendar days, excluding
weekends and State holidays, to correct the violation(s).
2. For every violation that is not corrected in the timeframe, a fine of not more
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than $1,000 per incident shall be imposed. In addition to the fine, DEM will seize
and dispose of any product(s) in violation of this article.
b) Money from fines collected for violation of this article shall be deposited into the
general fund and utilized by the Department of Parks and Recreation for mineral sunscreen
dispensers, educational materials, and related purposes.
2-12-6. No conflict with State or federal law. Nothing in this article may be interpreted
or applied so as to create any requirement or duty in conflict with any State or federal law.
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ARTICLE III
WASTEWATER DIVISION
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RULE 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 RESERVED
RULE 16 General Provisions
16-1. Purpose. The purpose of these rules is to manage the collection, treatment and
disposal of wastewater to protect public health and the environment.
16-2. Authority. These rules are adopted pursuant to chapter 21 of the Hawaiʻi County
Code.
16-3. Definitions. As used in this Article, unless the context specifically indicates
otherwise:
“Commission” means the Environmental Management Commission of the county.
“Common interest development” means a development characterized by individual
ownership of a condominium housing unit or a residential parcel coupled with the shared
ownership of (or right to use) common areas and facilities, including, but not limited to,
condominium projects, community apartment projects, stock cooperatives and planned unit
developments, which contains three (3) or more dwelling units and which has a sewer service
lateral shared by three (3) or more dwelling units.
“Customer” means sewer account holder, the owner of the property, and water account
holder for any water service associated with the sewer account.
“County” means the County of Hawaiʻi.
"Defective condition" includes, but is not limited to, a condition that will allow l & I or
exfiltration of sewage including non-sanitary sewer connections to the private sewer or to any
wastewater plumbing 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.
“Day” means calendar day unless otherwise specified.
“DCCA” means the Department of Commerce and Consumer Affairs.
“Department” means the Department of Environmental Management.
“Director” means the Director of the Department of Environmental Management or the
director’s authorized representative.
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“Discontinuation of water service” or “termination of water service” means shutting off
water service.
“DWS” means the Department of Water Supply.
“HCC” means the Hawaiʻi County Code.
“HRS” means Hawaiʻi Revised Statutes.
“Infiltration” means water other than sewage which enters into the County owned
collection system through cracks, 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 through drainage ditches, open or enclosed culverts, roof drains,
yard or area drains, or any other source of storm or ground water.
“I & I” means infiltration 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 the
property line and running to the sewer main, including the connection itself.
“Non-sanitary sewer connection” means anything that directly or indirectly conveys
storm water, surface water, roof runoff, intercepted groundwater or subsurface drainage 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,” “Lateral,” or “Sewer Lateral” is hereby defined as a privately-
owned sewer which conveys sewage from a building to the County’s collection system,
including all pipes, fittings , and appurtenances, from the outer face of the building served to
the connection into the County's sewer main, including the connection itself.
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“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.
"Repair," also referenced as "Rehabilitation" or "Replacement," means restoration of
the lateral in a manner that maintains adequate flow capacity to serve the property and
eliminates defective conditions and non-sanitary sewer connections. The appropriate
requirement of repair, rehabilitation, or replacement shall be determined by the WWD.
“Septage hauler” means individual or business registered with the State Department of
Health to engage 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 main” means 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
parcel.
“Tenant(s)” mean person(s) under oral or written contract with the owner or agent to
temporarily occupy premises.
“WWD” means wastewater division of the department of environmental management.
“Wastewater” means any liquid waste, whether treated or not, and whether animal,
mineral, or vegetable, including agricultural, industrial, and thermal wastes.
“Wastewater sludge” means any solid, semi-solid, or liquid residue removed during
treatment of municipal wastewater or domestic sewage. Includes, but is not limited to, solids
removed during primary, secondary, or advanced wastewater treatment, scum, portable toilet
pumping, Type III marine sanitation device.
“Water account holder” means any person(s) designated to be billed by the Department
of Water Supply for water service.
“Water service” means the delivery of water by the county Department of Water
Supply.
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RULE 17 Public Sewers
17-1. Connection to Sewer Required.
(a) Owners of all dwellings, buildings, or properties used for human occupancy or
other purposes, which are accessible to a sewer are required at their expense
to connect directly with the public sewer 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,
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 connect.
(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;
(B) The amount of additional time required, not to exceed two (2) years;
(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.
(2) Based on the information provided, the director may deny the request 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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RULE 18 Permit to Connect or Disconnect
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 Sewer
System department form, along with a nonrefundable permit fee of $150.
(a) The connection permit may be issued only after a plumbing permit has been
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.
18-2. Inspections.
(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.
(c) If the work does not pass on first inspection, a fee of $100 shall be charged for
each subsequent inspection.
(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 initial
fine of $1,000 and daily fines of $1,000 per day for each day the violation persists, pursuant to
chapter 21, HCC.
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RULE 19 Extensions
19-1. Application for Sewer Main Extensions.
(a) Applicant shall complete all information requested on the department’s
Application For Sewer Main Extension or it shall be rejected by the department.
(b) All sewer main extensions require a resolution which has been approved by the
County Council.
(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. Payment of costs. For applicants who wish to receive reimbursement from the
County after completion of a sewer main extension, applicants shall enter into a
reimbursement agreement with the County.
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RULE 20 Reserved
RULE 21 Septage Haulers
21-1. Septage Hauler Discharge Permit Required. Septage haulers are required to have
a valid permit in accordance with Chapter 21, HCC, and proof of registration with the State
Department of Health (DOH) in accordance with Section 11-62-61 of the Hawaiʻi Administrative
Rules, prior to discharging waste into the county sewer system.
(a) Application. A department application for a septage hauler discharge permit
shall be completed in full. Any incomplete application shall not be processed.
The following documents shall be attached to and submitted with the
application:
(1) Vehicle Registrations(s);
(2) Vehicle Insurance Card(s);
(3) Wastewater and Wastewater Sludge Pumpers and Haulers registration
placard(s) issued by the State of Hawaiʻi 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, and are subject to
change. Septage haulers shall be notified in advance of any changes in rates or
conditions.
(c) Conditions of permit. All septage haulers/permittee and its personnel shall be
subject to all 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.
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RULE 22 Sewer Service Charges
22-1. Sewer Service Charges for Residential and Nonresidential Customers.
(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.
22-2. Billing of Charges; Payment; Late Penalty.
(a) Sewer service charges shall be billed to residential and nonresidential
customers in accordance with Chapter 21, HCC.
(b) All sewer service 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 bill, it shall be considered delinquent, and the water
service shall be subject to discontinuation.
(c) Interest at the rate of one percent per month shall be imposed upon the
outstanding balance for all accounts that are past due.
(d) Charges for sewer service shall be billed to the sewer account holder. The
sewer account holder shall be the owner(s) of the property unless the property
owner(s) request that the department bill a tenant or other designated
individual. Such request shall be in writing and signed by all parties involved,
including all property owners and the tenant or the designated individual. The
property owner(s) and the tenant or designated individual shall be jointly and
severally liable for the entire sewer service charge without further notice of any
delinquency to the property owner(s).
(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 designated 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.
22-3. Discontinuation of Water Service for Nonpayment of Sewer Service Charges.
(a) Water service may be discontinued for nonpayment of a sewer bill after
written notice is provided to the customer. Prior to the proposed
discontinuation of water service, the director shall give at least fifteen (15)
calendar days’ notice to the sewer account holder. If the sewer account holder
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is a designated person other than the owner or landlord, the department shall
also provide written notice to the owner or landlord that the water service may
be discontinued for nonpayment of a sewer bill. When the water account
holder is different from the sewer account holder, a notice of discontinuation
of water service shall also be given to the water account holder. The director
shall also notify the DWS of the proposed discontinuation of water service.
(b) The notice shall include:
(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)
calendar days from the date of the notice;
(3) That discontinuation of water service may occur after fifteen (15) calendar
days if either 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 owed;
(4) That the customer may contact 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 discontinuation of water service has been
delivered by the department, a customer may contest the proposed
discontinuation of water service by scheduling a hearing or telephone
conference with the department. The customer and/or the customer’s
representative shall attend the hearing or telephone conference.
(2) Discontinuation of water service shall be stayed from the date the
customer requests a hearing and shall be stayed pending any final
resolution from any appeals.
(3) At the hearing or conference, the customer shall have the right to submit
evidence, present and cross-examine witnesses and bring in an interpreter
or representative to aid in presenting the 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.
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(4) The department personnel conducting the hearing or conference shall be
empowered to correct any errors in the account and to take whatever
remedial action is necessary.
(5) The department personnel conducting the hearing or conference shall
issue a final written decision within five (5) business days of the hearing or
conference. The final written decision shall include findings of fact and
conclusions of law 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 Hawaiʻi County Environmental Management Commission
Rules of Practice and Procedure, Part 7 Appeals, and Chapter 91 of the
Hawaiʻi Revised Statutes, as amended.
(d) If, after the fifteenth calendar day from the date of the notice, the customer
does not pay the amount delinquent and owed to the county, does not arrange
an approved payment plan, or does not contest the proposed discontinuation
of water service, water service shall be discontinued. If, prior to the
discontinuation of the water service, the customer pays the total amount owed
to the county on the delinquent account, the water service shall continue.
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 addition, all DWS requirements for
restoration of water service must be met, including reinstallation charges (in accordance with
DWS Rules and Regulations).