HomeMy WebLinkAboutOrdinance 05-138COUNTY OF HAWAII
STATE OF HAWAII
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ORDINANCE NO. CIS 138 BILL NO. s�
AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 4, SECTION 20 -46, HAWAII
COUNTY CODE 1983 (2005 EDITION), RELATING TO SOLID WASTE FEES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The purpose of this bill is to correct inadvertent drafting errors found in
Ordinance No. 05 -21. Because Ordinance No. 05 -21 did not contain any of the previously
adopted amendments made by Ordinance No. 03 -102 this measure reinstates those changes into
section 20 -46, Hawaii County Code, as appropriate.
SECTION 2. Chapter 20, article 4, section 20 -46, Hawaii County Code 1983 (2005
Edition) is amended to read as follows:
"Article 4. Solid Waste Fees.
Section 20 -46. Disposal fees.
(a) Any refuse, except for prohibited materials, delivered by a business, Federal or State
agency, religious entity, nonprofit organization or private citizen to the working face of a
County landfill shall be charged by the ton or fraction thereof at rates as set forth herein.
(b) In addition to the per ton charge or volume charge, items which cannot be disposed in the
working face of the landfill in accordance with usual disposal practices or which require
special handling and /or arrangements by landfill personnel shall be assessed a special
handling charge at rates as set forth herein. Such items shall include but may not be limited
to asbestos and confidential document destruction or other disposal requiring a witness.
Whole tires will not be accepted at any County landfill. All wire or cable must be cut to
four -foot lengths prior to disposal at any County landfill or transfer station.
(c) Administrative rules shall provide partial credit to commercial haulers for residential waste.
The amount of the credit shall be no less than two dollars per month 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. The 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, Hawaii Revised Statutes, as disclosure
would cause substantial harm to the competitive position of the person from whom the
information was obtained.
(d) The mayor, with the approval of the council, may temporarily rescind the solid waste
disposal fees for a specified period.
(e) The mayor may waive solid waste disposal fees when it is in the best interest of the County.
Fees may be waived for one -time events for community organizations, nonprofit
organizations, or private property owners who are remediating illegal dump sites which
were not of their creation. The [Mayer] mayor will give notice to the council when tip fee is
waived.
(1) On or before January 1, 2004, there shall be an analysis of past and projected expenses in
the solid waste division. Factors to consider include, but are not limited to, capital
improvement proiects and any debt service for those projects, labor rates and any
contractual obligations, equipment replacement and depreciation, and diversion programs.
Estimates shall also be considered for total disposal expenses for businesses, Federal or
State agencies, religious entities, nonprofit organizations or private citizens as compared to
expenses for single- family household disposal at the island -wide solid waste transfer
stations The anal, sy is will be done on an annual basis through January 1, 2007."
SECTION 3. Material to be deleted is stricken and bracketed. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 4. This ordinance shall take effect upon its approval.
Hilo , Hawai`i
Date of Introduction
Date of 1 st Reading:
Date of 2nd Reading
Effective Date:
RZiL1kNCfa Comm. _
INTRODUCED BY:
COU IL MEMBER, COUNTY OF HAWAII
September 21, 2005
September 21, 2005
October 5, 2005
October 11, 2005
398
-2-
OFFICE OF THE COUNTY CLERK
County of Hawaii
_Hilo, Hawaii ,
Introduced By:
Virginia
Isbell _
Date Introduced:
September
21, 2005
First Reading:
September
21, 2005 _
Published:
October 2,
2005
REMARKS:
X
Hoffmann
X
Second Reading: October 5, 2005
To Mayor: October 6, 2005
Returned:
October
12,
2005
Effective:
October
11,
2005
Published:
October
18,
2005
REMARKS:
ROLL CALL VOTE
1
.AYES
NOES
ABS
EX
Arakaki
X
Higa
X
X
Hoffmann
X
Ikeda
Holschuh
X
Isbell
X
Ikeda
X
Jacobson
X
Isbell
X
Safaris
X
7
NJacobson
ff
0
— 0 --
-
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki
X
Higa
X
Hoffinann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
X
Pilago
Safaris
X
7
0
2 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LE LITY•
�l COUNCIL CHAIRMAN
f5E CORPORATION COUNSEL
COUNTY OF HAWAII
Date e4z
Apprnv Disapproved lhis I I day
of Ovl-obrn- , 20 O5
1 YOR, CC N OF HAWAI I
COUNTY CLERK
Bill No.: 137
C- 3
Reference: 98/FC -139
Ord No.: ®S 138