HomeMy WebLinkAboutComm No 0001.06 - Response from DEM - Regulatory PowersHarry Kim
Mayor
Wilfred M. Okabe
Managing Director
TO:
Hawai`i County Charter Commission
Li1unf of Cianz l
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a Street, Suite 41 • Hilo, Hawai'i 96720
Ph: (808) 961-8083 • Fax: (808) 961-8086
cohdem@co.hawaii.hi.us
http://www.hawaiicounty.gov/environmental-management/
Douglass Shipman Adams, Chair
FROM: William A. Kucharski, Director
Department of Environmental
DATE: September 28, 2018
William A. Kucharski
Director
Diane A. Noda
Deputy Director
RE: Request for Information on County Charter Section 6-10.2 and Section 6-10.4
Relating to the Regulatory Powers Granted to the Department of Environmental
Management
In response to your request for additional information, the Department of Environmental
Management (DEM) submits this response.
DEM is tasked with responsibilities for three different, specific areas of responsibility:
1. Wastewater
2. Solid waste
3. Recycling
First, DEM requests that the regulatory and enforcement authority in County Charter Sections 6-
10.2 and 6.10.4 are to solely clarify the powers, duties and functions set forth in Chapter 2,
Article 40, Section 2-202 of the Hawai`i County Code (HCC), Powers, Duties and Functions.
This request does not expand any area of authority, and only seeks to clarify the obligations
currently assigned to DEM.
Section 6-10.2 Statement of Policy
DEM requests that Article VI, Chapter 10, Section 6-10.2 of the Hawaii County Charter,
Statement of Policy, be amended to:
The department of environmental management is established to protect, preserve,
and enhance our environment by promoting and regulating the wise management
of our waste.
County of Hawai'i is an Equal Opportunity Provider and Employer
Comm. No. 1.6
Douglass Shipman Adams, Chair
September 28, 2018
Page 2
This requested amendment is not to change any existing activities or authorities of DEM, but
simply adds a clarifying phrase to support existing activities. Chapters 20 and 21 of the HCC are
regulated currently. Clarification within the County Charter is to explicitly acknowledge
existing activity. However, DEM' s request to add "and regulating" may be unnecessary if
"promoting" is construed to include "regulating."
Section 6-10.4 Powers, Duties and Functions
DEM requests that Article VI, Chapter 10, Section 6-10.4 of the Hawaii County Charter, Powers,
Duties and Functions, be amended to:
The department of environmental management shall manage and enforce the solid
waste, wastewater, and recycling programs of the county, and exercise other
functions as prescribed by the mayor or prescribed by ordinance.
Upon closer review of HCC Chapter 2, Article 40, Sec. 2-204, Enforcement, DEM already has
the authority to assess administrative penalties for violations of HCC Chapter 20 (Refuse) and
Chapter 21 (Sewers). This requested amendment to add specific authority in the County Charter
to enforce the wastewater, solid waste and recycling programs is simply to change the implicit
authority contained in the word "manage" to explicit authority to enforce DEM programs by
adding "and enforce." However, DEM' s request to add the phrase "and enforce" to this section
may be unnecessary if the existing phrase "shall manage" is construed to include enforcement
authority.
DEM's Responses to the Charter Commission's Questions:
1. If feasible, a cost analysis of the enforcement and regulatory duties of the Department of
Environmental Management.
DEM has regulatory personnel imbedded within the Department in both the Solid Waste
Division and Wastewater Division. Management of solid waste disposal and wastewater
activities include the creation of administrative rules, which are, in fact, regulatory
functions at the County level. The change in the County Charter would not increase the
required funds to carry out this function; it would simply and clearly authorize the
activities.
2. A listing of the ordinances that require enforcement and regulatory action by the
Department of Environmental Management, and what County agency or agencies are
currently providing enforcement and regulatory oversight/actions regarding
environmental management activities.
See Table 1, attached.
Douglass Shipman Adams, Chair
September 28, 2018
Page 3
3. The benefits and burdens of enforcing and regulating County policies.
DEM currently regulates and enforces County programs within Solid Waste, recycling
and Wastewater. The benefits of properly regulating the activities of entities within the
County of Hawai`i s maintaining a clean and environmentally compliant environment.
There is an obligation of government to establish standards that are understood and
publically available. Once the obligations of all citizens, both personal and corporate,
have been established, the enforcement of these requirements is critical. Violation of a
rule/regulation with no penalty for ignoring such a rule is counterproductive and results
in general dismissal of all law/regulation.
The burden to the County is financial. The obligation to enforce county (HCC) law and
to implement regulations requires additional personnel. For example, in order for DEM's
Solid Waste Division to enforce a new litter program (of which the authority does not
currently reside in DEM), or for DEM' s Wastewater Division to enforce grease trap or
grease interceptor rules, would require an estimated 10 additional personnel within DEM.
The associated annual cost (loaded cost) is estimated below:
• Inspectors: 6
• Supervisors: 2
• Clerk IIIs: 2
$870,000 annual cost.
Thank you for the opportunity to provide this response.
HAWAII COUNTY CODE ("HCC") PROVISIONS REGARDING
PENALTIES AND ENFORCEMENT AUTHORITY
Enforcement
Authority
SOLID WASTE
DEM Director
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Each day of each
violation shall
constitute a separate
offense.
Any action taken in
court to collect the
penalty shall be
considered a civil
action.
DEM to
- provide education
- provide enforcement
- adopt admin rules
that define
permissible bags &
establish penalties
(b) Each day of
violation shall
constitute a separate
offense.
Additional Penalty
- any penalty is due &
payable w/in 20d from
notice
Penalty Type
(a) Director may
- assess an admin penalty per HCC
2-206,
- require compliance,
- start a civil action
Any person who violates this chapter
(2, DEM), Chapters 20 (Refuse) or
21 (Sewers), or any rules adopted
pursuant to these chapters, or any
permits, shall be fined up to $1,000
for each separate offense.
None yet.
(a) Upon conviction, be sentenced to
- pay fine up to $1,000, &/or
- up to 200 hrs comm. service
AND
- be req'd to remove the litter or be
liable for costs of removal
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HCC Provision
Chapter 2, Article
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20: Plastic Bag
Reduction
Chapter 20, Article
1: Littering
Enforcement
Authority
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(c) Each day of
violation shall
constitute a separate
offense.
(a) Each day shall
constitute a separate
violation of this article
Additional Penalty
Sec. 20-36(e):
Revocation of the
businesses' baggage and
freight license
(b) Any person, upon
conviction, shall be
required to remove their
refuse or shall be liable for
the costs of removal.
In addition, access to
County solid waste facilities
may be denied until the
account is current.
- Corp Counsel may seek
legal or other relief
- Remedies are cumulative
& not exclusive
(f) The Dept. of Water
Supply is authorized to
terminate water services
for non-payment of the
sewer services charges,
when so directed by the
director after notice &
opportunity for a hearing
before the EMC (per HRS
Chapter 91)
Penalty Type
(e) Suspension or revocation of a
(commercial) disposal permit
(a) Any violation of this Article (3,
Refuse Disposal) is a PETTY
Misdemeanor
(a) A finance charge of 1-1/2%
monthly (18% annually) shall be
charged on all balances 60 or more
days overdue.
- a fine
1St: $10
2"d: $50
3rd or more:
$100-$600 range
(e) Sewer service charges shall be a
debt due to the County. If this debt is
not paid when due, it shall be
deemed delinquent & may be
recovered by a civil action filed
against the property owners, or the
designated person, or both. Any
judgment shall be filed with the
Bureau of Conveyances.
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Sec. 20-35,
Permit
Required for
Refuse Disposal
Sec. 20-45,
Penalty
Sec. 20-47,
Collection of
Fees
Sec. 20-68,
Penalties
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HCC Provision
Chapter 20, Article
3: Refuse Disposal
Chapter 20, Article
3: Refuse Disposal
Chapter 20, Article
4: Solid Waste
Fees
Chapter 20, Article
6: Polystyrene
Foam Food
Container & Food
Service Ware
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The continuance of any
such violation after
conviction shall be
deemed a new offense
for each day of such
continuance.
Additional Penalty
Penalty Type
Any person convicted of violating any
provisions of this chapter (21,
Sewers) shall be guilty of a
misdemeanor & shall be fined up to
$500.
[Note: incorrect fine; should be up to
$2000 for a misdemeanor]
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