Bill Text: HI SB2290 | 2024 | Regular Session | Introduced
Bill Title: Relating To Waste Disposal Facilities.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2024-01-19 - Referred to AEN/HHS, JDC. [SB2290 Detail]
Download: Hawaii-2024-SB2290-Introduced.html
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THE SENATE |
S.B. NO. |
2290 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to waste disposal facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that the city and county of Honolulu is required to relocate the Waimanalo Gulch Sanitary Landfill by 2028. The county's department of environmental services proposed six sites on which to relocate the landfill, and all sites were rejected by the landfill advisory committee because there were concerns that locating a landfill above freshwater aquifers could damage the State's water sources. Act 73, Session Laws of Hawaii 2020, prohibited waste or disposal facilities from being in a conservation district, except in emergency circumstances to mitigate significant risks to public health and safety. Furthermore, the Act requires that there be a one-half-mile buffer zone around residences, schools, and hospitals for the construction, modification, or expansion of waste or disposal facilities. To protect and preserve fresh water, a new landfill cannot be built over a freshwater aquifer.
Accordingly, the purpose of this Act is to prohibit the construction, modification, or expansion of any waste or disposal facility for hazardous waste or solid waste on land that is near or above a significant aquifer.
SECTION 2. 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, 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 or entity, 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 landfill unit; or
(4) Any component of a construction and demolition landfill unit,
for solid waste 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.
(d) For the purposes of this [subsection:]
section:
"Buffer zone" means the distance between the edge of waste or waste activity and the nearest residential, school, or hospital property line.
"Hazardous waste" shall have
the same meaning as in section 342J-2.
"Waste
or disposal facility" [excludes] does not include
individual, state certified, non-industrial redemption centers."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED
BY: |
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Report Title:
DOH; CWRM; Waste or Disposal Facilities; Landfills; Solid Waste; Hazardous Waste; Aquifers; Prohibition
Description:
Prohibits the construction, modification, or expansion of any waste or disposal facility for hazardous waste or solid waste on land that is near or above a significant aquifer as determined by the Department of Health, in consultation with the Commission on Water Resource Management.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
