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HB878
HOUSE OF REPRESENTATIVES
H.B. NO.
878
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to landfills
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
�
The legislature finds that, in Hawaii,
landfills can pose environmental, health, and safety risks to nearby communities
and ecosystems.
�
Of particular concern is
the proximity of landfills to conservation areas that are designated to protect
native species, habitats, and cultural resources.
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The legislature further finds that extending the landfill buffer
zone to one mile and applying the buffer zone to lands classified as
conservation areas will ensure the protection of Hawaii's people and fragile
natural environment.
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Accordingly,
the purpose of this Act is to:
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(1)
�
Extend the landfill buffer zone from one-half
mile to one mile; and
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(2)
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Require
the landfill buffer zone to apply to lands in the state conservation district
and lands designated as national conservation areas.
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SECTION
2
.
�
Section
342H-52, Hawaii Revised Statutes, is amended by amending subsection (b) to read
as follows:
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"(b)
�
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
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[
,
]
lot,
school, [
or
] hospital [
property line.
]
,
land within the conservation district, or land designated as a national
conservation area and managed by the federal Bureau of Land Management through
the National Landscape Conservation System pursuant to title 16 United States
Code section 7202.
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"Conservation district"
means
the state land use
district established
pursuant to chapter 205.
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"Waste or disposal
facility" excludes individual, state certified, non-industrial redemption
centers."
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SECTION
3.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Landfills;
Waste Management; Buffer Zone; Conservation Lands
Description:
Extends the landfill buffer zone from one-half mile to one
mile.
�
Requires the landfill buffer zone
to apply to lands in the state conservation district and lands designated as
national conservation areas.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.