Bill Text: HI SB472 | 2010 | Regular Session | Introduced
Bill Title: Solid Waste; Private Landfill Permit Program
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB472 Detail]
Download: Hawaii-2010-SB472-Introduced.html
Report Title:
Solid Waste; Private Landfill Permit Program
Description:
Transfers regulation of private landfills from the counties to the department of health; establishes a private landfill permit program administered by the department of health.
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THE SENATE |
S.B. NO. |
472 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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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 340A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . PRIVATE LANDFILL PERMIT PROGRAM
§340A-A Definitions. As used in this part, unless the context otherwise requires:
"Compliance plan" means a plan which includes a description of how a private landfill proposes to comply with all applicable requirements pursuant to this part and includes a schedule of compliance and a schedule under which the permittee will submit progress reports to the department no less frequently than every six months.
"Department" means the department of health.
"Permit" means written authorization from the director to construct, modify, relocate, or operate any private landfill.
"Private landfill" means a landfill other than one operated by the State or a county which is located on private property.
§340A-B Specific functions, duties, and powers of the director. (a) The director shall have the functions, duties, and power to:
(1) Issue permits for a fixed term not to exceed five years;
(2) Ensure compliance by all private landfill permittees with each applicable standard, regulation, or requirement provided by federal or state statutes or rules adopted by the director pursuant to chapter 91;
(3) Terminate, modify, or revoke and reissue permits for cause;
(4) Enforce permits, permit fee requirements, and compliance with this part including the recovery of civil penalties; and
(5) Issue permits with environmental permit shields pursuant to rules adopted by the director pursuant to chapter 91.
(b) The director shall adopt rules pursuant to chapter 91 necessary for the purposes of this part.
§340A-C Permits; requirements; renewal. (a) The owner or operator of a private landfill shall obtain a permit from the director.
(b) Any owner or operator of a private landfill operating prior to July 1, 2009 shall submit to the director an application for a permit and a compliance plan no later than July 1, 2010.
(c) No person shall begin construction, modification, or relocation of a private landfill without first obtaining a permit from the director.
(d) A permit to operate a private landfill shall expire no later than five years after issuance. The expiration of a permit to operate terminates the private landfill's right to operate unless a timely and complete renewal application is submitted to the director. Permits being renewed shall be subject to the same procedural requirements that apply to initial permit issuance. The director may renew a permit to operate provided the owner or operator has acted consistently with the permit previously granted, and all plans, specifications, and other information submitted as a part thereof.
§340A-D Application for permit. (a) An application for a permit required pursuant to this part shall be in the form prescribed by the director; provided that private landfills subject to section 340A-C(b) shall also submit a compliance plan with the application.
(b) The director may require that permit applications be accompanied by other plans, specifications, monitoring data, and any other information necessary to identify environmental impacts and to determine whether the proposed private landfill installation, modification, or operation will be in accord with applicable rules.
§340A-E Action on permit application. (a) Within sixty days of receipt of an application the director shall give the applicant written notice that the application is complete, or give the applicant written notice informing the applicant that the application is incomplete and outlining the additional information required.
(b) The director shall take final action on each permit application within eighteen months after the application is deemed to be complete. The director may prioritize final action on applications for construction or modification to private landfills subject to subsection 340A-C(b).
(c) Each application for a permit shall be subject to applicable federal oversight.
(d) For each application for a permit the director shall provide public notice, including the method by which a public hearing can be requested, and an opportunity for public comments.
§340A-F Approval of permit. (a) The director shall issue a permit for any term not exceeding five years if it is determined that the private landfill will comply with all requirements of this part.
(b) The permit may be subject to reasonable conditions as the director may prescribe.
(c) The director, on application, shall renew a permit for a term not exceeding five years, if it is determined that the private landfill complies with all requirements of this part, and applicable standards and rules.
(d) The director shall not deny an application for the issuance or renewal of a permit without affording the applicant an opportunity for a hearing in accordance with chapter 91.
§340A-G Other permit action. (a) The director, on the director's own motion or the application of any person, may terminate, modify, suspend, or revoke and reissue any permit if, after affording the permittee an opportunity for a hearing in accordance with chapter 91, the director determines that:
(1) The permit contains a material mistake made in establishing requirements of the permit;
(2) The action is required to ensure compliance with this part, and applicable standards and rules;
(3) The action is required to address additional applicable requirements of this part, and applicable standards and rules;
(4) There is a violation of any condition of the permit;
(5) The permit was obtained by misrepresentation or failure to disclose fully all relevant facts;
(6) There is a change in any condition that requires a temporary or permanent modification of terms of the permit;
(7) More frequent monitoring or reporting by the permittee is required; or
(8) It is in the public interest.
In determining the public interest, the director shall consider the environmental impact of the proposed action, any adverse environmental effects that cannot be avoided should the action be implemented, the alternatives to the proposed action, the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity, any irreversible and irretrievable commitments of resources that would be involved in the proposed action should it be implemented, and any other factors that the rules prescribe; provided that any determination of public interest shall promote the optimum balance between economic development and environmental quality.
(b) The director may revise a permit administratively if the revision:
(1) Corrects typographical errors;
(2) Identifies a change in the name, address, or telephone number of any person identified in the permit, or provides a similar minor administrative change at the private landfill;
(3) Allows for a change in ownership or operational control of a private landfill where the director determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the director; or
(4) Makes any other change that the director determines to be similar to those in paragraphs (1) to (3).
§340A-H Permit conditions; monitoring requirements. (a) The owner or operator of a private landfill to whom a permit is issued shall:
(1) Maintain records and, upon request of the director, provide to the director a report, with copies of the records related to the period of operation, detailing the dates, times, and locations, and the volumes or flow-rates of any discharge of sewage or other wastewater into the area or waterway, or the quality of air emissions; and
(2) Collect periodic samples of any treated sewage, other wastewater, and any air emissions that are being discharged into the area or waterways of the State. The sampling technique shall be approved by the director before the sample is collected. The number of samples to be collected under this paragraph shall be the greater of two per calendar year or the number of samples required to be collected under federal law and regulations for sewage or other environmental discharges.
(b) The director, through an independent contractor, may collect additional samples of any treated sewage that is being discharged into the area or waterways of the State by a permittee, or monitor the quality of any air emissions released by a permittee.
(c) The owner or operator of a private landfill required to collect samples under subsection (b), as required by the director, shall have the samples tested. The required tests include, but are not limited to, tests for fecal coliform, ammonia, residual chlorine, pH (degree of acidity or alkalinity), chemical oxygen demand, biochemical oxygen demand, total suspended solids, heavy metals, volatile organic compounds, asbestos, and any other parameters as required by the director. An analytical testing method approved by the director before the testing is conducted shall be used. A laboratory used for testing under this subsection shall agree to confidentiality and shall not disclose testing results to any person other than to the director, the county in which the private landfill is located, and the owner or operator of the private landfill.
(d) All testing and sampling required under this section shall be at the expense of the permittee.
(e) If the owner or operator of the private landfill, when complying with another state or federal law that requires substantially equivalent monitoring and data collection, has collected the type of information required under this section, the owner or operator shall be considered to be in compliance with this section; provided that the information is provided to the director. The director shall establish requirements for determining substantially equivalent monitoring and data collection by rules.
§340A-I Recordkeeping and monitoring requirements. In addition to the requirements of section 340A-H, the director may require an owner or operator of any private landfill on a continuous, periodic, or one-time basis to:
(1) Establish, maintain, and submit records;
(2) Draft reports;
(3) Install, use, and maintain monitoring equipment, and use audit procedures or methods;
(4) Sample emissions or discharges in accordance with the procedures or methods, at the locations, at the intervals, during periods, and in the manner as prescribed by rules;
(5) Keep records on the private landfill and the control equipment parameters, production variables, or other indirect data when direct monitoring is impractical;
(6) Sample and analyze the composition of the gas, waste, or other products being burned or incinerated;
(7) Submit compliance certifications; and
(8) Provide other information as the director may require.
§340A-J Fees. (a) The director shall establish a schedule of fees for the issuance of permits pursuant to this part to be paid by the applicant prior to the issuance of the permit and an annual compliance fee.
(b) Fees shall adequately cover the direct and indirect costs required to develop, support, and administer the permit program, including the reasonable costs of:
(1) Reviewing and acting upon any application for or renewal of a permit;
(2) Implementing and enforcing the terms and conditions of any permit, including legal support;
(3) Monitoring, inspection, and auditing of private landfills;
(4) Preparing generally applicable rules;
(5) Performing or reviewing modeling, analyses, and demonstrations; and
(6) Preparing inventories and tracking waste releases.
(c) Private landfills shall be assessed an annual compliance fee based on the number of tons of solid waste accepted by the private landfill. Unless rules state otherwise, annual compliance fees shall be changed in December of each year only by the percentage, if any, by which the consumer price index for that calendar year exceeds the consumer price index for the prior calendar year. The consumer price index for any calendar year is the average of the consumer price index for all urban consumers published by the United States Department of Labor, as of the close of the twelve-month period ending on August 31 of each calendar year.
(d) Nothing in the annual compliance fee provisions of subsection (c) shall restrict the director from assessing more or less than the amount determined under subsection (c) from any one private landfill or any class or category of private landfills, as designated by the director; provided the director collects a total amount of fees sufficient to cover the costs of the permit program.
§340A-K Judicial review. The applicant and any person who participated in the public comment process may obtain judicial review in state court of the final action on a permit issuance or renewal. This is in addition to judicial review otherwise available.
§340A-L Government records; confidential information. (a) The director shall make all government records maintained pursuant to this part open to public inspection in accordance with chapter 92F unless access is restricted or closed by law.
(b) Except as provided in subsection (c), the following permit program documents are deemed to be government records:
(1) Permit applications and all supporting information;
(2) Compliance plans (including schedules of compliance);
(3) Compliance monitoring reports;
(4) Certifications;
(5) Permits; and
(6) Except for testing results made confidential under section 340A-H(c), any other information submitted to the director pursuant to the permit program.
(c) Upon a showing satisfactory to the director by any person that records, reports, or information, or particular part thereof, to which the director has access pursuant to this part, contain information of a confidential nature concerning secret processes or methods of manufacture, these records, reports, or information shall be kept confidential except that the record, report, or information may be disclosed to other officers or employees of the department and federal authorities concerned with carrying out this part or when relevant in any proceeding pursuant to this part. The contents of the permit itself shall not be entitled to confidentiality protection.
(d) No records, reports, or information for which confidentiality is claimed by the person from whom they are obtained shall be disclosed until that person has received reasonable notice under the procedures set forth in 40 Code of Federal Regulations Part 2, section 2.201 et seq. and has had the opportunity to demonstrate why these should not be disclosed, including a reasonable opportunity to obtain judicial relief. In any such proceedings, confidentiality shall be accorded to any documents which satisfy the criteria set forth in 40 Code of Federal Regulations Part 2 or any rules.
(e) Any officer, or employee of the department, or agent of the director acquiring confidential information from any inspection authorized by section 340A-M who divulges the information except as authorized in this part or except as ordered by a court or at an administrative hearing regarding an alleged violation of this part or of any rule shall be fined not more than $1,000.
(f) Sections 92F-16 and 92F-17 shall apply to any officer, employee of the department, or agent of the director acquiring any confidential information as defined in this section.
§340A-M Inspection of premises. The department may enter and inspect any private landfill to investigate an actual or suspected source of contaminant release, runoff, or other pollution, to ascertain compliance or noncompliance with this part, any rule, or any permit or other approval granted by the director pursuant to this part, and to make reasonable tests in connection therewith.
§340A-N Enforcement. (a) If the director determines that any person has violated or is violating this part, any rule, or any permit issued pursuant to this part, the director shall serve written notice by certified mail or personal service upon the alleged violator or violators specifying the alleged violation and may include with the notice:
(1) An order specifying a reasonable time during which that person shall be required to take measures as may be necessary to correct the violation and to give periodic progress reports;
(2) An order imposing penalties provided in section 340A‑S; and
(3) An order that the alleged violator or violators appear before the director for a hearing at the time and place specified in the notice or to be set later and answer the charges complained of.
(b) If the director determines that any person is continuing to violate this part, any rule, or any permit issued pursuant to this part after having been served notice of violation, the director shall serve written notice by certified mail or personal delivery upon the alleged violator or violators specifying the alleged violation. The notice by the director:
(1) Shall order the alleged violator or violators to submit a written schedule within thirty days specifying the measures to be taken and the time within which the measures shall be taken to bring that person into compliance with this part, any rule, or any permit issued pursuant to this part. The director shall accept or modify the submitted schedule within thirty days of receipt of the schedule. Any schedule not acted upon after thirty days of receipt by the director shall be deemed accepted by the director;
(2) Shall order the alleged violator or violators to cease and desist from the activities that violate this part, any rule, or any permit issued pursuant to this part, if that person does not submit a written schedule to the director within thirty days. This order shall remain in effect until the director accepts the written schedule;
(3) May impose penalties as provided in section 340A-S; and
(4) May order the alleged violator or violators to appear before the director for a hearing at a time and place specified in the notice or to be set later and answer the charges complained of.
(c) If the director determines that any person has violated an accepted schedule or an order issued pursuant to this section, the director shall impose penalties by sending a notice in writing, either by certified mail or by personal service, to that person, describing the violation or noncompliance with reasonable particularity.
(d) Any order issued pursuant to this part shall become final, unless within twenty days after the notice of violation and order is served, the person or persons named therein make a written request for a hearing before the director. Any penalty imposed pursuant to this part shall become due and payable twenty days after the notice of penalty is served, unless the person or persons named therein have made a timely written request for a hearing before the director. When a hearing is requested on any penalty imposed pursuant to this part, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part. Upon request for a hearing, the director shall require that the alleged violator or violators appear before the director for a hearing at the time and place specified in the notice and answer the charges complained of.
(e) Any hearing conducted pursuant to this section shall be conducted as a contested case under chapter 91. If, after a hearing held pursuant to this section, the director finds that a violation or violations have occurred, the director shall affirm or modify any penalties imposed or shall modify or affirm the order previously issued or issue an appropriate order or orders for the prevention, abatement, control, or discharge of pollutants involved, or for the taking of other corrective action as may be appropriate. If, after a hearing on an order or penalty contained in a notice, the director finds that no violation has occurred or is occurring, the director shall rescind the order or penalty. Any order issued after a hearing may prescribe timetables for necessary action in preventing, abating, or controlling the violation.
(f) If the amount of any penalty is not paid to the director when due and payable, the director may institute a civil action in the name of the State to collect the administrative penalty which shall be a government realization. In any proceeding to collect the administrative penalty imposed, the director need only show that:
(1) Notice was given;
(2) A hearing was held or the time granted for requesting a hearing expired without a request for a hearing;
(3) The administrative penalty was imposed; and
(4) The penalty remains unpaid.
(g) In connection with any hearing held pursuant to this section, the director shall have the power to subpoena the attendance of witnesses and the production of evidence on behalf of all parties.
§340A-O Emergency powers; procedures. (a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to the public health and safety is or will be caused by the actions of an owner or operator of a private landfill or the release of any pollution or contaminants requires immediate action, the governor or the director with the approval of the governor, without a public hearing, may order any person causing or contributing to the release of pollution or contaminants from a private landfill to immediately cease operations, and may take any and all other actions as may be necessary. The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director.
(b) Nothing in this section shall be construed to limit any power that the governor or any other officer may have to declare an emergency and act on the basis of the declaration, if the power is conferred by statute or constitutional provision, or inheres in the office.
§340A-P Injunctive and other relief. The director may institute a civil action in any court of competent jurisdiction for injunctive and other relief to prevent any violation of this part, any rule, or any condition of a permit pursuant to this part, without the necessity of prior revocation of the permit, to impose and collect civil penalties, to collect administrative penalties, or obtain other relief. The court shall have the power to grant relief in accordance with the Hawaii rules of civil procedure.
§340A-Q Appeal. If any party is aggrieved by a decision of the director, the party may appeal in the manner provided in chapter 91 to the circuit court of the circuit in which the party resides or has its principal place of business, or in which the action in question occurred; provided that the operation of a cease and desist order shall not be stayed on appeal unless specifically ordered by a court of competent jurisdiction.
§340A-R Civil penalties. (a) Any person who violates this part, any rule, any condition of a permit issued pursuant to this part, or any fee or filing requirement, shall be fined not more than $25,000 for each separate offense. Each day that a violation continues shall constitute a separate offense.
(b) Any person who denies, obstructs, or hampers the entrance, inspection, or monitoring by any duly authorized officer or employee of the department of any building, place, or vehicle that the officer or employee is authorized to enter and inspect shall be fined not more than $25,000 for each separate offense. Each day that a violation continues shall constitute a separate offense.
(c) Notwithstanding subsection (e), unless stated otherwise, state of mind shall not be an element of proof for civil violations.
(d) The penalties provided in this section shall be in addition to any other penalties provided by state or federal law, including chapters 128D and 128E.
(e) Any organization that knowingly releases or discharges pollutants, contaminants, or extremely hazardous substances outside the private landfill placing a person in imminent danger of death or serious bodily injury violates this subsection. The organization shall be subject to a civil fine of not more than $1,000,000.
§340A-S Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this part or by rules, the director may impose the penalties specified in section 340A-R by written order.
(b) Factors that may be considered in imposing an administrative penalty include:
(1) The nature and history of the violation and of any prior violations;
(2) The economic benefit to the violator, or anticipated by the violator, resulting from the violation;
(3) The opportunity, difficulty, and history of corrective action;
(4) Good faith efforts to comply; and
(5) Other matters as justice may require.
(c) It is presumed that the violator's economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary is on the violator.
(d) In any judicial proceeding to recover the administrative penalty imposed, the director need only show that:
(1) Notice was given;
(2) A hearing was held or the time granted for requesting a hearing expired without a request for a hearing;
(3) The administrative penalty was imposed; and
(4) The penalty remains unpaid.
§340A-T Criminal penalties. (a) Any person who knowingly violates any applicable standards or limitations, any condition in a permit issued pursuant to this part, any order, any rule, or any fee or filing requirement, shall be guilty of a class C felony; provided that the maximum fine shall be not more than $25,000.
(b) Any person who knowingly makes any false statement, representation, or certification in any form, in any notice or report required by a permit, or who knowingly renders inaccurate any monitoring device or method required by the director to be maintained by the person pursuant to this part, or who fails to report as required by this part, shall be guilty of a class C felony; provided that the maximum term of imprisonment shall be not more than two years, and the maximum fine shall be not more than $25,000.
(c) Any person who negligently releases or discharges pollutants, contaminants, or extremely hazardous substances outside the private landfill and who at the time negligently places another person in imminent danger of death or serious bodily injury shall guilty of a class B felony; provided the maximum term of imprisonment shall be not more than one year. If a conviction of any person under this subsection is a second violation of this section, the person shall be guilty of a class C felony; provided the maximum term of imprisonment shall be not more than two years, and the maximum fine shall be not more than $25,000.
(d) Any person who knowingly releases or discharges pollutants, contaminants, or extremely hazardous substances outside the private landfill and who knows at the time that another person is thereby placed in imminent danger of death or serious bodily injury shall be guilty of a class A felony; provided the maximum term of imprisonment shall be not more than fifteen years, and the maximum fine shall be not more than $25,000.
§340A-U Disposition of collected fines and penalties. Fines and penalties collected under sections 340A-R, 340A-S, and 340A-T shall be deposited into the environmental response revolving fund established by section 128D-2.
§340A-V Enforcement by state and county authorities. All state and county health authorities and police officers shall enforce this part including rules, orders, and permits issued by the director.
§340A-W Nonliability of department personnel. Notwithstanding any other law to the contrary, no member, officer, or employee of the department shall be liable for any acts done by the member, officer, or employee in the performance of the member's, officer's, or employee's duties; provided that this section shall not apply to violations of section 340A-L.
§340A-X Other action not barred. No existing civil or criminal remedy for any wrongful action which is a violation of any statute, any rule, or ordinance of any county shall be excluded or impaired by this part.
§340A-Y Priority in courts. All actions brought pursuant to this part shall in the discretion of the court receive priority in the courts of the State.
§340A-Z Consent orders; settlement agreements. At least thirty days before a consent order or settlement agreement of any kind under this part to which the director or the State is a party is final or filed with a court, the director shall provide public notice and an opportunity for the public to comment. The director shall promptly consider any written comments and may withdraw or withhold consent to the proposed order or agreement if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of this part. Nothing in this section shall apply to civil or criminal penalties under this part.
§340A-AA Citizen suits. (a) Any person may commence a civil action on that person's own behalf against:
(1) Any person (including the State and the director) who is alleged to be in violation of this part;
(2) The director where there is alleged a failure to perform any act or duty under this part that is not discretionary; or
(3) Any person who proposes to construct or constructs any new or modified private landfill without a required permit or who is alleged to be in violation of any condition of the permit.
(b) Notwithstanding any other powers it has under the law, the circuit court shall have jurisdiction to:
(1) Order the owner or operator of a private landfill to comply with this part and any rules adopted pursuant to this part;
(2) Order the director to perform an act or duty required by this part; and
(3) Apply any appropriate civil penalties.
(c) No action may be commenced:
(1) Under subsection (a)(1):
(A) Prior to sixty days after the plaintiff has given notice of the violation to the director and any alleged violator of the standard, limitation, or order; or
(B) If the director has commenced and is diligently prosecuting a civil action to require compliance with the standard, limitation, or order, but in any such action any person may intervene as a matter of right; or
(2) Under subsection (a)(2), prior to sixty days after the plaintiff has given notice of the action to the director. Notice under this paragraph shall be given in the manner prescribed by rules.
(d) An action for a violation of this part by an owner or operator of a private landfill shall be brought in the judicial circuit in which the private landfill is located.
(e) In any action under this section, the director, if not a party, may intervene as a matter of right at any time in the proceeding.
(f) The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines the award to be appropriate. If a temporary restraining order or preliminary injunction is sought, the court may require the filing of a bond or equivalent security in accordance with the Hawaii rules of civil procedure.
(g) Nothing in this section shall restrict any right that any person may have under any constitutional provision, statute, or common law to seek any other relief.
(h) Penalties received under subsection (b) shall be deposited into the environmental response revolving fund established by section 128D-2. The court shall have discretion to order that the civil penalties, in lieu of being deposited in the fund, be used in beneficial mitigation, education, or protection projects which enhance public health or the environment."
SECTION 2. Chapter 340A, Hawaii Revised Statutes, is amended by designating sections 340A-1 to 340A-3 as part I, entitled:
"PART I. GENERAL PROVISIONS"
SECTION 3. Section 340A-3, Hawaii Revised Statutes, is amended to read as follows:
"§340A-3 Disposal of solid waste. (a) The county agency responsible for the collection and disposal of solid waste may require that all solid waste transported by the county agency, collectors, businesses or individuals be disposed of at facilities or in areas designated by the county agency if it is found to be in the best public interest; provided that agricultural solid waste and source separated waste transported for recycling purposes shall not be subject to the provisions of this section; and provided further that if regional transfer stations are designated, transportation to the stations shall be considered so as to minimize the operating costs of the collector.
The best public interest shall be found if disposal at the designated facilities or areas will:
(1) Result in reusable materials being recovered from
solid waste; [or]
(2) Achieve the solid waste volumes necessary to meet
a resource recovery facility's minimum operating requirements; [or]
(3) Lessen the demand for landfill sites; or
(4) Conserve natural resources.
(b) For a county that has a resource recovery
facility in use or when the design for [such] a facility has begun, the
director shall not grant a permit for other solid waste disposal activities
including landfills, for a term extending beyond the planned operational date
for the resource recovery facility unless the other disposal activity is to be
used for one or more of the following:
(1) Disposal of ash or residue from a resource recovery facility;
(2) Disposal of solid waste which, because of its chemical or physical characteristics, is not suitable for processing at a resource recovery facility;
(3) Provide an emergency backup or overflow capacity for a resource recovery facility;
(4) Provide for solid waste disposal for those areas not served by a resource recovery facility as designated by the county agency responsible for the collection and disposal of solid waste.
(c) Operation of private landfills shall be regulated pursuant to part ."
SECTION 4. Section 342G-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) In implementing this chapter, the department and each county shall consider the following solid waste management practices and processing methods in their order of priority:
(1) Source reduction;
(2) Recycling and bioconversion, including composting; and
(3) Landfilling and incineration.
The respective roles of landfilling and incineration
shall be left to each county's discretion[.]; provided that private
landfills shall be regulated by the department pursuant to part
of chapter 340A."
SECTION 5. Section 342G-25, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The program element shall include at a minimum:
(1) A waste stream assessment component;
(2) A source reduction component;
(3) A recycling and bioconversion component;
(4) An energy-balance component;
(5) A special waste component;
(6) A household hazardous waste component;
(7) A public education and information component;
(8) A public landfill and incineration component;
(9) A marketing and procurement of materials component;
(10) A program implementation component; and
(11) A program funding component."
SECTION 6. Section 342G-26, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:
"(h) The public landfill and incineration component shall:
(1) Assess the county’s current public landfill capacity and ways to extend that capacity;
(2) Assess the availability of land for future public landfills;
(3) Estimate the amount of waste currently going into incineration facilities and the remaining available capacity;
(4) Estimate the amount of ash generated at incineration facilities; and
(5) Describe provisions for ash disposal."
SECTION 7. Section 342H-51, Hawaii Revised Statutes, is amended by amending the definition of "municipal solid waste landfill unit" to read as follows:
""Municipal solid waste landfill unit"
means a discrete area of land or an excavation that receives household waste
and is not a land application unit, surface impoundment, injection well, or
waste pile. A municipal solid waste landfill unit also may receive other types
of waste regulated under subtitle D of [RCRA,] the Resource
Conservation and Recovery Act (RCRA), such as commercial solid waste,
nonhazardous sludge, small quantity generator waste and industrial solid
waste. Such a landfill [may] shall be publicly [or privately]
owned. A municipal solid waste landfill unit may be a new municipal solid
waste landfill unit, an existing municipal solid waste landfill unit, or a
lateral expansion."
SECTION 8. 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 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect upon its approval.
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