Report Title:

Waimanalo Gulch Sanitary Landfill; Permit; Independent Study

Description:

Requires the department of health to conduct an independent analysis on the structural stability of the ash monofill prior to granting the city and county of Honolulu's requested modification to the existing permit for the Waimanalo Gulch Sanitary Landfill.

THE SENATE	S.B. NO.	2192
TWENTY-FOURTH LEGISLATURE, 2008
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.  The legislature finds that the department of health has issued the draft solid waste management permit modification for the operation of the Waimanalo Gulch Sanitary Landfill which was applied for by the city and county of Honolulu and Waste Management of Hawaii, Inc.  The draft permit modification would allow for the increase to the allowable grade of the landfill in order to rectify violations with permit grade exceedences.  The draft permit modification proposes to increase the maximum allowed grade of the ash monofill portion of the landfill from two hundred twenty feet to approximately two hundred seventy-five feet above mean sea level.  The draft permit does not modify the permit expiration date and does not change the lateral footprint of the landfill.

     The legislature finds that the requested modifications to the permit will have a potentially detrimental effect on the public health, safety, and welfare of the community adjacent to or near the landfill.

     The legislature further finds that there is good cause to require the department of health to make an independent study and determination of the effect of the requested permit modifications on the stability and structural integrity of the existing landfill.  Specifically, the legislature requires that the department of health independently analyze and determine the increased risk of a landslide occurring as a result of the requested permit modifications.

     SECTION 2.  The department of health shall conduct an independent study and make an independent determination of the effect of increasing the maximum grade of the ash monofill at the Waimanalo Gulch Sanitary Landfill from two hundred twenty feet to approximately two hundred seventy-five feet above mean sea level.  This study shall include a specific determination of any detrimental effects to the health, safety, and welfare of the community adjacent to or near the landfill.  The study shall also include a specific determination of the increased risk of a landslide occurring as a result of the requested increase to the maximum grade of the ash monofill.  The completion of this independent study and determination shall be a condition precedent to the granting of a modification to the solid waste management permit filed by the city and county of Honolulu and Waste Management of Hawaii, Inc.

     SECTION 3.  The costs of conducting this study shall be paid for from existing funds included within the budget of the department of health.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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