Bill Text: HI SB202 | 2012 | Regular Session | Introduced
Bill Title: Landfills; Public Approval
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB202 Detail]
Download: Hawaii-2012-SB202-Introduced.html
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THE SENATE |
S.B. NO. |
202 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to landfills.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 342H, Hawaii Revised Statutes, is amended by adding three new sections to part I to be appropriately designated and to read as follows:
"§342H-A Notice of public hearing. (a) Upon receipt of any application for a permit to construct a new landfill or make a lateral expansion of an existing landfill, the director shall fix a date and give notice for a public hearing of the permit application at least once in each of two consecutive weeks in the county where the proposed or existing landfill is located. The date of the hearing shall be not less than forty-five days after the first notice. The notice shall require that all protests or objections against the issuance of the permit applied for shall be filed with the director before the date of the hearing.
Before giving notice, the director shall collect from the applicant reimbursement for the cost of giving the public notice.
(b) Immediately upon the director's fixing a date for the public hearing, the applicant shall mail a notice setting forth the time and place of the hearing to each of the following:
(1) Not fewer than two-thirds of the owners and lessees of record of real estate located within a distance of one mile from the nearest point of the parcel of land where the new landfill is proposed to be located or from the location of the existing landfill proposed to be expanded. Notice by mail may be addressed to the last known address of the person concerned or to the address as shown in the current real property tax record of the person or the person's agent or representative;
(2) Each condominium project or cooperative apartment located within a distance of one mile from the nearest point of the parcel of land where the new landfill is proposed to be located or from the location of the existing landfill proposed to be expanded; provided that one notice of the hearing shall be sent by mail addressed "To the Residents, In Care of the Manager", followed by the name and address of the condominium or cooperative apartment involved;
(3) The park manager of any public park located within a distance of one mile from the nearest point of the parcel of land where the new landfill is proposed to be located or from the location of the existing landfill proposed to be expanded; and
(4) The principal of any school located within a distance of one mile from the nearest point of the parcel of land where the new landfill is proposed to be located or from the location of the existing landfill proposed to be expanded.
The notices required under this subsection shall be mailed at least forty-five days prior to the date set for the hearing. Before the hearing and within seven business days of having mailed the notices, the applicant shall file with the director an affidavit that the notices have been mailed in accordance with this subsection. In addition to the affidavit, the applicant shall include both a master list of all the addressees and addresses required by paragraphs (1) through (4) and another mailing list consisting of the portion of addressees and their respective addresses who were mailed the notice to meet the requirements of paragraphs (1) and (2). The director shall make the affidavit, master list, and mailing list available for public review upon request. For purposes of this section, "master list" means every owner and lessee or person who would otherwise be required to receive notice of the public hearing according to the requirement of paragraphs (1) through (4), even if they were not actually included in the two-thirds requirement of paragraph (1).
If the requirements of this subsection are not met, the director may cancel the hearing or continue the public hearing subject to this section.
(c) For purposes of this section:
(1) Notice to one co-owner and one co-lessee of real estate shall be sufficient notice to all co-owners and all co-lessees of the affected real estate; and
(2) One notice shall be sufficient for an owner or lessee of affected multiple properties; provided that one notice shall be sent to each individual unit of a condominium project or a cooperative apartment as provided in this section.
§342H-B Protests. Protests against granting of a permit to construct a new landfill or make an expansion of an existing landfill may be filed with the director by:
(1) Any owner or lessee of real estate situated within a distance of one mile;
(2) Any person who resides within a distance of one mile;
(3) The park manager of any public park located within a distance of one mile; or
(4) The principal of any school located within a distance of one mile,
from the nearest point of the parcel of land where the new landfill is proposed to be located or from the location of the existing landfill proposed to be expanded. A protest shall include written statements submitted to the director prior to the hearing and written or oral testimony submitted at the hearing.
§342H-C Hearing; consideration of application. (a) On the date of the hearing pursuant to section 342H-A, the director shall consider the permit application and any protests and objections to the granting of the permit and hear the interested parties. The director shall accept all written or oral testimony for or against the application whether the application is denied, refused, or withdrawn. Within ninety days after the hearing, the director shall grant or refuse the application; provided that if a majority of the:
(1) Owners and lessees of record of real estate situated within a distance of one mile from the nearest point of the parcel of land where the new landfill is proposed to be located or from the location of the existing landfill proposed to be expanded;
(2) Persons who reside within a distance of one mile from the nearest point of the parcel of land where the new landfill is proposed to be located or from the location of the existing landfill proposed to be expanded;
(3) Park managers of any public parks located within a distance of one mile;
(4) Principals of any public schools located within a distance of one mile; or
(5) Any combination of the above,
have duly filed or caused to be filed protests against the granting of the permit, or if there appears to be any other disqualification under this chapter, the permit application shall be denied. Otherwise, the director, in the director's discretion and in accordance with this chapter, may grant or refuse the permit application.
For the purposes of this section, a protest submitted by a majority of the co-owners or the majority of co-lessees of a property shall constitute a protest by all the owners or lessees of record of that property. A protest filed by an owner or lessee who owns more than one property shall be counted separately as a protest for each property.
(b) The director shall make available to the applicant and any protestor for review before the public hearing the list of those persons who filed a protest or objection to the application. All applicants and protestors may submit corrections, additions, or deletions to the master list and the list of protestors at the public hearing. The director shall rule on proposed corrections, additions, and deletions and give reasons for the ruling."
SECTION 2. Section 342H-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Landfill" means a land area used for the disposal of solid waste."
SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Landfills; Public Approval
Description:
Requires public approval from residents within a 1-mile radius for the permitting of a new landfill or the expansion of an existing landfill.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
