REPORT TITLE:
Household Hazardous Waste


DESCRIPTION:
Prohibits commercial dumping, discharging, or disposal of
household hazardous waste on or in any land, water, or mixed
municipal solid waste.  Requires a warning label about proper
disposal and whether the product is to be recycled or disposed
of.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           118
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HOUSEHOLD HAZARDOUS SUBSTANCE RECYCLING.



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

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5              HOUSEHOLD HAZARDOUS SUBSTANCE RECYCLING
 
 6      §   -1  Definitions.  As used in this chapter, unless the
 
 7 context requires otherwise:
 
 8      "Authorized collection center" means:
 
 9      (1)  Any person or entity, subject to the approval of the
 
10           department, hired by any commercial establishment to
 
11           function as the collection center of any unused or
 
12           unwanted portions of household hazardous products
 
13           originally purchased at the commercial establishment;
 
14           or
 
15      (2)  Any county-administered collection and recycling center
 
16           established to collect and recycle household hazardous
 
17           wastes.
 
18      "Commercial establishment" means any business in the State
 

 
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                                     S.B. NO.           118
                                                        
                                                        

 
 1 where household hazardous products are offered for sale at retail
 
 2 or wholesale prices to the public.
 
 3      "Department" means department of health.
 
 4      "Distributor" means any business that distributes any
 
 5 household hazardous product to any commercial establishment for
 
 6 sale in the State.
 
 7      "Household hazardous product" means any product or material
 
 8 purchased at a commercial establishment located in the State
 
 9 that, upon entering the waste stream, would exhibit the
 
10 characteristics of a household hazardous waste.
 
11      "Household hazardous substance" includes household hazardous
 
12 products and household hazardous wastes.
 
13      "Household hazardous waste" means any solid waste or
 
14 combination of solid wastes generated in the household that,
 
15 because of its physical, chemical, or infectious characteristics,
 
16 may:
 
17      (1)  Cause or significantly contribute to an increase in
 
18           mortality or an increase in a serious irreversible or
 
19           incapacitating reversible illness; or
 
20      (2)  Pose a substantial existing or potential hazard to
 
21           human health or the environment when improperly
 
22           treated, stored, transported, disposed of, or otherwise
 

 
 
 
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                                     S.B. NO.           118
                                                        
                                                        

 
 1           managed.
 
 2      §   -2  Household hazardous substances; land disposal
 
 3 prohibited.  No commercial establishment or its authorized
 
 4 collection center may dispose, discard, dump, discharge, or
 
 5 otherwise place any household hazardous waste or recyclable
 
 6 household hazardous product on or in any land, water, or mixed
 
 7 municipal solid waste.
 
 8      §   -3  Household hazardous product list; recyclable
 
 9 materials.(a)  The department shall establish by rules adopted
 
10 pursuant to chapter 91, a list of the household hazardous
 
11 products and their respective quantities that, when discarded,
 
12 may exhibit the characteristics of a household hazardous waste.
 
13      (b)  All distributors of household hazardous products shall
 
14 obtain from the department and deliver to their respective
 
15 commercial establishments, a quantity of labels sufficient to
 
16 enable the commercial establishments to properly label the
 
17 distributor's products prior to public sale.
 
18      (c)  The department shall design a universal label to be
 
19 affixed by commercial establishments to all products identified
 
20 on the list established under subsection (a); provided that the
 
21 label shall include:
 
22      (1)  Sufficient space to accommodate the printing of the
 

 
 
 
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                                     S.B. NO.           118
                                                        
                                                        

 
 1           name and address of the commercial establishment or the
 
 2           establishment's authorized collection center;
 
 3      (2)  A warning to the purchaser that it is unlawful to
 
 4           dispose of any unused portion of the product in a
 
 5           manner not prescribed by law;
 
 6      (3)  A notice to the purchaser that the commercial
 
 7           establishment or the authorized collection center
 
 8           designated on the label is required to accept any
 
 9           unused or unwanted portion of the product; and
 
10      (4)  A notice to the commercial establishment indicating
 
11           whether the product is to be recycled pursuant to
 
12           section    -4 or disposed of pursuant to section    -5.
 
13      (d)  The department shall establish, by rules adopted
 
14 pursuant to chapter 91, a list of recyclable household hazardous
 
15 products.
 
16      §   -4  Recycling standards for household hazardous products
 
17 returned to commercial establishments.  No commercial
 
18 establishment shall dispose of any recyclable household hazardous
 
19 product returned to that establishment, except by delivery to an
 
20 authorized collection center for recycling.  The department shall
 
21 establish, by rules adopted pursuant to chapter 91, acceptable
 
22 methods of recycling the products identified on the list
 

 
 
 
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                                     S.B. NO.           118
                                                        
                                                        

 
 1 established pursuant to section    -3(d).  The department shall
 
 2 identify those products that may be redistributed to the public
 
 3 for reuse in accordance with the label directions of the product.
 
 4      §   -5  Disposal standards for household hazardous wastes
 
 5 collected by commercial establishments.  Household hazardous
 
 6 wastes collected by commercial establishments or their authorized
 
 7 collection centers shall be subject to the treatment, storage,
 
 8 and disposal requirements established under chapter 342J.  The
 
 9 department shall establish, by rules adopted pursuant to chapter
 
10 91, standards applicable to commercial establishments and
 
11 authorized collection centers collecting household hazardous
 
12 wastes, including but not limited to:
 
13      (1)  Obtaining commercial establishment and collection
 
14           center identification numbers;
 
15      (2)  Packaging standards for the storage of household
 
16           hazardous wastes;
 
17      (3)  Packaging, labeling, marking, and placarding standards
 
18           for the shipment of household hazardous wastes;
 
19      (4)  Manifest requirements for the shipment of household
 
20           hazardous wastes; and
 
21      (5)  Recordkeeping and reporting standards.
 
22      §   -6  Inspection of premises.  The department may inspect
 

 
 
 
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                                     S.B. NO.           118
                                                        
                                                        

 
 1 any commercial establishment or authorized collection center for
 
 2 the purpose of monitoring compliance or noncompliance with this
 
 3 chapter.
 
 4      §   -7  County household hazardous waste collection centers.
 
 5 Upon the establishment of any permanent household hazardous waste
 
 6 collection center by any county agency, any commercial
 
 7 establishment selling household hazardous products in that
 
 8 county, subject to the terms and conditions of the county agency,
 
 9 may designate that county's collection center as its authorized
 
10 collection center.
 
11      §   -8  Penalties.  Any commercial establishment or
 
12 authorized collection center that violates this chapter, or any
 
13 rule adopted pursuant to this chapter, shall be fined not more
 
14 than $10,000 for each separate offense.  Each day of violation
 
15 shall constitute a separate offense.  Any action to enforce any
 
16 penalty under this section shall be a civil action."
 
17      SECTION 2.  This Act shall take effect on December 31, 2000.
 
18 
 
19                           INTRODUCED BY:  _______________________