SB701 HD1.DOC

THE SENATE	S.B. NO.	701
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 2
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO LANDFILLS.

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

SECTION 1. The legislature finds that the Waimanalo gulch landfill, located on the leeward coast, is the only existing landfill on Oahu capable of receiving the total daily output of non-reusable municipal solid waste.

The legislature further finds that prior to the establishment of the municipal solid waste landfill at Waimanalo gulch eighteen years ago, there were other municipal solid waste landfills that operated on the leeward coast. The residents of the leeward coast had the burden of all of Oahu's construction and demolition waste, including asbestos, being deposited into a privately-owned landfill that is adjacent to and mauka of Nanakuli town. Additionally, there may be other privately-owned landfills planned or proposed.

Besides the obvious health risks the leeward coast residents may suffer as a result of these landfills, they are also impacted by certain other environmental concerns: the abandoned military ordnance, the disproportionately large number of homeless, and horrendous daily traffic conditions. Every day, approximately four hundred trucks, many in the semi-tractor trailer category, travel to and from privately-owned landfills or other business establishments, adding significantly to the traffic. Accordingly, the legislature finds that there would be significant gridlock for leeward coast residents if another landfill were opened.

The purpose of this Act is to place a moratorium on the construction of any new landfills, whether green waste landfills or otherwise, or the expansion of any existing private solid waste landfill on the leeward coast from Kaena point to Waimanalo gulch on or after August 1, 2009; provided that this Act is not intended to apply to Waimanalo gulch sanitary landfill, any proposal to expand that landfill, or any proposal to extend any permits relating to that landfill.

SECTION 2. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

"§342H‑ Landfills; moratorium. Any law to the contrary notwithstanding, no person, including any government agency or entity, shall construct or operate a new solid waste landfill, including a municipal solid waste landfill, green waste landfill, or otherwise, or expand any existing private solid waste landfill on or after August 1, 2009, in the:

(1) Ewa district;

(2) Waianae district;

(3) Waialua district;

(4) Koolauloa district; and

(5) Koolaupoko district;

provided that this section shall not apply to any municipal solid waste landfill existing prior to August 1, 2009, or any proposal to expand a municipal solid waste landfill, including Waimanalo gulch sanitary landfill, in these areas.

For purposes of this section, "new solid waste landfill" means any solid waste landfill that has not received waste prior to August 1, 2009. This term shall not include any expansion of the Waimanalo gulch sanitary landfill."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2050.