Report Title:

Solid Waste; Private Landfill Designation; County Jurisdiction

Description:

Clarifies that when designating a private landfill site, a county must first approve the selection of the site prior to the seeking of authorization from the director of health to operate the landfill.

THE SENATE

S.B. NO.

1303

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to solid waste.

 

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

SECTION 1. Section 342H-52, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342H-52[]] Prohibition. 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 terms and conditions as the director determines are necessary to protect human health or the environment[.]; provided that with regard to the siting of a private landfill site, the respective county in which the private landfill is to be sited shall first approve of the site prior to any action to obtain a permit from the director of health under this section."

SECTION 2. Section 342G-27, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342G-27[]] Contents of the facility capacity and siting element. (a) The existing capacity and future needs component shall identify existing and future facilities needed by the county for solid waste management[.]; provided that with regard to the siting of a private landfill site, the respective county in which the private landfill is to be sited shall first approve of the site prior to any action to obtain a permit from the director of health under section 342H-52.

(b) The facility implementation component shall describe the specific tasks that are necessary to provide for the development or expansion of source reduction, recycling, bioconversion, and disposal facility capacity. The planning, design, funding, staffing, siting, construction, and operation of each proposed solid waste facility shall be addressed[.]; provided that with regard to the siting of a private landfill site, the respective county in which the private landfill is to be sited shall first approve of the site prior to any action to obtain a permit from the director of health under section 342H-52.

(c) The enterprise zone component shall describe the county’s current and planned actions to establish enterprise zones."

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.

 

INTRODUCED BY:

_____________________________