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HB1228
HOUSE OF REPRESENTATIVES
H.B. NO.
1228
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:
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SECTION 1.
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The legislature finds that waste or disposal
facilities play an essential role in managing waste products.
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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.
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The purpose of this Act is to:
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(1)
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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
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(2)
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Allow counties to
apply for exemptions to siting standards if they meet certain criteria.
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SECTION 2.
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Chapter 342H, Hawaii Revised Statutes, is
amended by adding three new sections to part IV to be appropriately designated
and to read as follows:
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"
�342H-A
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County exemptions.
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(a)
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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:
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(1)
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The proposed waste or disposal
facility meets or exceeds all other applicable state and federal environment
regulations;
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(2)
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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
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(3)
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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.
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(b)
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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.
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(c)
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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.
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342H-B
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Public participation.
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Any county seeking an exemption from
the statewide siting standards pursuant to section 342H-A shall:
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(1)
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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
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(2)
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Solicit public input before adopting
its own rules and throughout the exemption application process.
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�342H-C
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Enforcement.
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(a)
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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.
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(b)
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Any person who knowingly violates section
342H-A or 342H-B may be subject to civil or criminal penalties.
"
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SECTION 3.
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Section 342H-51, Hawaii Revised Statutes, is
amended by adding three new definitions to be appropriately inserted and to
read as follows:
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"Groundwater
resources" means any body of water beneath the surface of the earth that
supplies water for drinking, irrigation, or other beneficial uses.
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"Hazardous waste"
has the same meaning as in section 342J-2.
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"Waste or disposal
facility" means any facility used for the treatment, storage, or disposal
of solid waste, hazardous waste, or wastewater.
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"Waste or disposal facility" excludes individual, state
certified, non-industrial redemption centers.
"
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SECTION
4
.
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Section
342H-52, Hawaii Revised Statutes, is amended to read as follows:
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"
�342H-52
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Prohibitions; buffer
zones.
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(a)
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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
.
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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.
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(b)
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No person, including the State or a county,
shall construct, modify, or expand a waste or disposal facility, including:
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(1)
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A municipal
solid waste landfill unit;
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(2)
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Any component
of a municipal solid waste landfill unit;
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(3)
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A construction
and demolition unit; or
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(4)
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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.
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[
(b)
]
(c)
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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.
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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
.
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For the purposes of this subsection[
:
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"Buffer
]
, "buffer
zone" means
the distance between the edge of waste or waste
activity and the nearest residential, school, or hospital property line.
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[
"Waste or disposal
facility" excludes individual, state certified, non-industrial redemption
centers.
]"
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SECTION 5.
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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.
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SECTION 6.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 7.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
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.
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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.