Bill Text: HI SB2386 | 2020 | Regular Session | Amended
Bill Title: Relating To Waste Management.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Enrolled - Dead) 2020-07-13 - Enrolled to Governor. [SB2386 Detail]
Download: Hawaii-2020-SB2386-Amended.html
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THE SENATE |
S.B. NO. |
2386 |
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THIRTIETH LEGISLATURE, 2020 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO WASTE MANAGEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 183C-4, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The department shall adopt rules governing
the use of land within the boundaries of the conservation district that are
consistent with the conservation of necessary forest growth, the conservation
and development of land and natural resources adequate for present and future
needs, and the conservation and preservation of open space areas for public use
and enjoyment[.]; provided that no waste or disposal facility shall
be located in a conservation district except in emergency circumstances where
it may be necessary to mitigate significant risks to public safety and health;
provided further that emergency circumstances shall not exceed three years. No use except a nonconforming use as defined
in section 183C-5, shall be made within the conservation district unless the
use is in accordance with a zoning rule.
For the purposes of this
subsection:
"Emergency" means any actual
or imminent natural or human-caused occurrence that results or likely will result
in substantial injury or harm to the population or substantial damage to or
loss of property.
"Waste or disposal
facility" means any transfer station or landfill as defined in section
340A-1, open dump as defined in section 342H‑1, solid waste reduction
facility or waste reduction facility as defined in section 342G-1, disposal
facility, or any other facility for the disposal of solid waste that is
required by law to obtain a permit from the department of health. "Waste or disposal facility"
excludes individual, state certified, non-industrial redemption centers."
SECTION 2. Section 342H-52, Hawaii Revised Statutes, is amended to read as follows:
"[[]§342H-52[] Prohibition.] Prohibitions; buffer zones. (a)
No person, including [any federal agency,] the State[,] or
any county, shall construct, operate, modify, expand, or
close a municipal solid waste landfill unit, or any component of a municipal
solid waste landfill unit, without first obtaining a permit from the director. All permits for municipal solid waste
landfill units shall be subject to [such] any terms and conditions
[as] that the director determines are necessary to protect human
health or the environment.
(b) No person, including the State or any county,
shall construct, modify, or expand a waste or disposal facility including a
municipal solid waste landfill unit, any component of a municipal solid waste
landfill unit, a construction and demolition landfill
unit, or any component of a construction and demolition landfill unit
without first establishing a buffer zone of no less than one-half mile around
the waste or disposal facility. This
subsection shall not apply to the continued operation of
an existing waste or disposal facility that is properly permitted; provided that
continued operation does not require physical expansion, vertical or
horizontal, of the facility requiring additional permitting review and a permit
modification.
For the purposes of this
subsection:
"Buffer zone" means the
distance between the edge of waste or waste activity and the nearest
residential, school, or hospital property line.
"Waste or disposal
facility" excludes individual, state certified, non-industrial redemption
centers."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Waste Management; Landfills; Buffer Zones; Conservation Districts
Description:
Prohibits any waste or disposal facility from being located in a conservation district except in emergency circumstances to mitigate significant risks to public safety and health. Requires no less than a one-half mile buffer zone around residences, schools, and hospitals for the construction, modification, or expansion of a waste or disposal facility. Specifies that "waste or disposal facility" excludes individual, state certified, non-industrial redemption centers. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
