Bill Text: HI HB1290 | 2016 | Regular Session | Introduced

Hawaii House Bill 1290 (Prior Session Legislation)

Introduced

Bill Title: Landfill; Moratorium on Leeward Coast of Oahu

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [HB1290 Detail]

Download: Hawaii-2016-HB1290-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1290
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

relating to landfills.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the Waimanalo gulch sanitary landfill, located on the leeward coast, is the only landfill on Oahu capable of receiving the total daily output of non-reusable municipal solid waste. It is also the only municipal solid waste facility owned by the city and county of Honolulu.

The island of Oahu produces more than 1.6 million tons of waste a year, and the Waimanalo gulch sanitary landfill accepts about 400,000 tons of waste per year including about 100,000 tons of ash from H-POWER generators.

The legislature further finds that the department of health has issued citations and fines to the city and county of Honolulu and to the Waimanalo gulch sanitary landfill's contracted operator, Waste Management Hawaii. The citations and fines have been for violations such as exceeding the landfill's allowed height, failure to cover garbage with soil daily, failure to monitor levels of methane gas, failure to measure and maintain records of liquid levels in landfill sump pumps, and failure to record locations of asbestos disposal.

Residents along the leeward coast experience many health-related problems including asthma, cancer, and other serious illnesses that may be a result of the presence of the landfill.

With the expected growth in the amount of municipal solid waste generated on Oahu, the mayor's landfill site advisory committee identified and ranked eleven potential locations for a new landfill in 2012. Two of these sites are located on the leeward coast.

The purpose of this Act is to place a moratorium on any new municipal solid waste landfills on the leeward coast including Nanakuli, Waianae, Maili, Makaha, Makua, Honokai Hale, and Ko Olina on or after .

SECTION 2. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§342H‑ Leeward coast landfills; moratorium. Any law to the contrary notwithstanding, no person, including any government agency or entity, shall construct or operate a new municipal solid waste landfill unit on or after , within the Oahu areas of:

(1) Nanakuli;

(2) Waianae;

(3) Maili;

(4) Makaha;

(5) Makua;

(6) Honokai Hale; and

(7) Ko Olina;

provided that this section shall not apply to any municipal solid waste landfill units existing prior to , in these areas.

For purposes of this section, "new municipal solid waste landfill unit" means any municipal solid waste landfill unit that has not received waste prior to ."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Landfill; Moratorium on Leeward Coast of Oahu

Description:

Creates a moratorium on the construction or operation of any new municipal solid waste landfill unit on the leeward coast of Oahu.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.