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HB748
HOUSE OF REPRESENTATIVES
H.B. NO.
748
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to waste or disposal facilities
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
�
Section 342H-52, Hawaii Revised Statutes, is
amended to read as follows:
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"
�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
.
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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)
�
No person, including the State or 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 on land that is above a significant aquifer as determined by the
department.
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[
(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
]
one
quarter
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 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
2.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 3.
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This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Waste or
Disposal Facilities; Significant Aquifers; Buffer Zones
Description:
Prohibits
the construction, modification, or expansion of any waste or disposal facility
on land that is near or above a significant aquifer as determined by the Department
of Health.
�
Reduces the required buffer
zone around waste or disposal facilities.
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not legislation or evidence of legislative intent.