THE SENATE	S.B. NO.	538
THIRTY-THIRD LEGISLATURE, 2025
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 municipal waste combustor ash must be disposed of in a lined landfill to avoid unnecessary exposure. Regulations for the disposal of municipal waste combustor ash are based only on short-term lab tests that look at a select number of heavy metals. These short-term lab tests do not test the contents of the ash, but only test for substances that leach out at a pH level where toxic metals such as lead and cadmium are not expected to leach out.

The legislature also finds that industry standards relating to the disposal of municipal waste combustor ash are not based on occupational exposure pathways of workers who handle the ash as construction material, including exposure through inhalation or ingestion. Exposure to hazardous substances from municipal waste combustor ash increases if the ash is not properly disposed of or is permitted to be repurposed as fill or other construction material or "recycled" into roads or for other purposes. If municipal waste combustor ash is permitted to be used for roadbuilding, roadways can erode over time and become unlined landfills.

Accordingly, the purpose of this Act is to clarify that municipal solid waste combustor ash may be disposed of only in a lined landfill and may not be deregulated or repurposed for uses such as roadbuilding, fill, or construction.

SECTION 2. Section 342H-30, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) No person, including any public body, shall discard, dispose of, deposit, discharge, or dump solid waste, or by contract or otherwise arrange directly or indirectly for the disposal of solid waste in an amount equal to or greater than one cubic yard in volume anywhere other than a permitted solid waste management system without the prior written approval of the director. Fly ash, bottom ash, or combined fly and bottom ash from a municipal waste combustor, including any ash residue that remains after removal of metals for recycling into new metal products, shall be disposed of only in a lined municipal solid waste or hazardous waste landfill and shall not be utilized as alternative daily cover material on a landfill, roadbuilding, or other construction material. Each day of violation shall constitute a separate offense. This prohibition shall not be deemed to supersede any other disposal prohibitions established under federal, state, or county law, regulation, rule, or ordinance."

SECTION 3. New statutory material is underscored.

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

INTRODUCED BY:

_____________________________

Report Title:

Solid Waste Control; Municipal Waste Combustor Ash; Disposal; Prohibition on Reuse

Description:

Requires municipal solid waste combustor ash to be disposed of only in a lined landfill. Prohibits the reuse of municipal solid waste incinerator ash for uses such as roadbuilding, fill, or construction.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.