Report Title:

Waste Management; Tipping Fees

Description:

Requires waste facilities that charge tipping fees by weight to calculate the fees by pass through basis for certain commercial haulers.  (SD1)

THE SENATE	S.B. NO.	1635
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO WASTE MANAGEMENT.

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

     SECTION 1.  Chapter 342H, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  waste facility fees

§342H‑    Definitions.  As used in this part:

     "Commercial hauler" means a person or entity legally incorporated or registered to conduct business in the State for the purpose of hauling or transporting waste material.

"Pass through basis" means the method of charging a commercial hauler for the actual weight of the waste material being disposed of, as opposed to setting minimum weight charges.

     "Tipping fee" means the dollar amount per ton of waste being charged by a waste facility to the commercial hauler.

     "Waste facility" means permitted public and privately owned landfills, construction and demolition debris landfills, transfer stations, recovery stations and facilities designed to accept or process waste products or materials.

§342H‑    Waste facility; tipping fees.  Any waste facility or operator of a waste facility that assesses or charges a tipping fee by weight for disposal of solid waste material shall calculate the tipping fee on a pass through basis for any commercial hauler operating a commercial vehicle with a gross vehicle weight of 19,500 pounds or less."

     SECTION 2.  This Act shall take effect upon its approval.