HB 1228: RELATING TO SOLID WASTE.

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 waste or disposal facilities play an essential role in managing waste products.  However, it is paramount that these facilities are sited and operated in a manner that safeguards public health and the environment, particularly by protecting areas designated by the department of health as having a high risk of groundwater contamination due to factors such as soil type, depth to groundwater, or proximity to public water supplies.

     The purpose of this Act is to:

     (1)  Prohibit the construction, modification, or expansion of waste or disposal facilities for solid or hazardous waste on land near or above a significant aquifer; and

     (2)  Allow counties to apply for exemptions to siting standards if they meet certain criteria.

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

     "§342H-A  County exemptions.  (a)  A county may apply to the department for an exemption from the state siting standards established in section 342H-52 if it can demonstrate through public hearings that:

     (1)  The proposed waste or disposal facility meets or exceeds all other applicable state and federal environment regulations;

     (2)  The county has adopted comprehensive rules for the siting of waste or disposal facilities that are at least as stringent as the statewide standards in section 342H-52; and

     (3)  The county has a proven track record of successfully protecting groundwater resources from contamination by waste or disposal facilities through effective enforcement of its own rules and adherence to relevant federal and state standards.

     (b)  The department shall review all exemption applications and grant exemptions only if it determines that the proposed exemption does not pose a significant risk to public health or the environment, based on a public hearing process with transparent criteria and community engagement.

     (c)  Any county granted an exemption pursuant to this section shall submit annual reports to the department demonstrating continued compliance with its own rules and the absence of groundwater contamination from waste or disposal facilities.

     §342H-B  Public participation.  Any county seeking an exemption from the statewide siting standards pursuant to section 342H-A shall:

     (1)  Hold any public hearings to meet the requirements of section 342H-A(a) in the vicinity of a proposed waste or disposal facility site; and

     (2)  Solicit public input before adopting its own rules and throughout the exemption application process.

     §342H-C  Enforcement.  (a)  The department may investigate and enforce violations of sections 342H-A and 342H-B, including suspending or revoking permits for non-compliance, in accordance with this chapter.

     (b)  Any person who knowingly violates section 342H-A or 342H-B may be subject to civil or criminal penalties."

     SECTION 3.  Section 342H-51, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

     ""Groundwater resources" means any body of water beneath the surface of the earth that supplies water for drinking, irrigation, or other beneficial uses.

     "Hazardous waste" has the same meaning as in section 342J-2.

     "Waste or disposal facility" means any facility used for the treatment, storage, or disposal of solid waste, hazardous waste, or wastewater.  "Waste or disposal facility" excludes individual, state certified, non-industrial redemption centers."

     SECTION 4.  Section 342H-52, Hawaii Revised Statutes, is amended to read as follows:

     "§342H-52  Prohibitions; buffer zones.  (a)  No person, including any federal agency, the State, or any county[,] that has not received an exemption from the department pursuant to section 342H-A, 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 any terms and conditions that the director determines are necessary to protect human health or the environment.

     (b)  No person, including the State or a county, shall construct, modify, or expand a waste or disposal facility, including:

     (1)  A municipal solid waste landfill unit;

     (2)  Any component of a municipal solid waste landfill unit;

     (3)  A construction and demolition unit; or

     (4)  Any component of a construction and demolition landfill unit,

for solid or hazardous waste on land that is near or above a significant aquifer, as determined by the department in consultation with the commission on water resource management.

     [(b)] (c)  No person, including the State or any county, shall construct, modify, or expand a waste or disposal facility including a municipal solid waste landfill unit, any component of a municipal solid waste landfill unit, a construction and demolition landfill unit, or any component of a construction and demolition landfill unit without first establishing a buffer zone of no less than one-half mile around the waste or disposal facility.  This subsection shall not apply to the continued operation of an existing waste or disposal facility that is properly permitted; provided that continued operation does not require physical expansion, vertical or horizontal, of the facility requiring additional permitting review and a permit modification.

     For the purposes of this subsection[:

     "Buffer], "buffer zone" means the distance between the edge of waste or waste activity and the nearest residential, school, or hospital property line.

     ["Waste or disposal facility" excludes individual, state certified, non-industrial redemption centers.]"

     SECTION 5.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

Waste or Disposal Facilities; Siting; Significant Aquifer; County Exemptions; Department of Health

Description:

Prohibits the construction, modification, or expansion of waste or disposal facilities that are near or above a significant aquifer.  Allows counties to apply for exemptions to state siting standards if they meet certain criteria.

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