Read the full stored bill text
SB3259
THE SENATE
S.B. NO.
3259
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
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 municipal solid
waste combustor ash must be properly disposed in a lined landfill to avoid
unnecessary exposures.
�
Regulations for
the disposal of incinerator ash are, however, based only on short‑term
lab tests that study a select number of heavy metals.
�
These short-term lab tests do not test the
contents of the ash, but only test for substances that leach out at a pH level
where toxic metals such as lead and cadmium are not expected to leach out.
�
����
The
legislature further notes that peer-reviewed academic research has shown that
ash can leach out toxic chemicals such as arsenic in real-life landfill
conditions despite having passed the toxicity characteristic leaching procedure
test with a non-hazardous categorization.
�
The Environmental Protection Agency added a statement to their website, Energy
Recovery from the Combustion of Municipal Solid Waste (MSW),
in December
2025, to clarify that non-hazardous municipal solid waste ash "may still
present potential risks via other pathways, such as through inhalation,
ingestion, or dermal (skin) contact."
�
This statement demonstrates that the Environmental Protection Agency's
standards are not based on occupational exposure pathways, including inhalation
or ingestion, for workers handling the ash as construction material.
�
These exposure pathways become more likely if
ash is not disposed of in a lined landfill but is instead permitted to be
deregulated and recycled into roads or for other purposes such as construction
or fill.
�
If ash were permitted to be
used for roadbuilding, many roads would become linear unlined landfills as the
roadways eroded over time.
�
����
The
legislature recognizes that pursuant to Act 255, Session Laws of Hawaii 2025,
landfill units and the components of landfill units are prohibited from being
constructed, modified, or expanded within a one-half mile buffer zone of
residential, school, or hospital property lines or, if in the city and county
of Honolulu, inland of an aquifer.
�
The
legislature finds that permitting the inclusion of incinerator ash in
construction materials within these buffer zones where a landfill is prohibited
from storing the same material is counterproductive to public safety and best
practices.
����
Accordingly,
the purpose of this Act is to clarify that municipal solid waste incinerator
ash is solid waste that:
����
(1)
�
May only be disposed of in a double-lined
landfill; and
����
(2)
�
Shall not be used for roadbuilding,
fill, construction, or as alternative daily cover material on any landfill.
����
SECTION
2
.
�
Section
342H-30, Hawaii Revised Statutes, is amended by amending subsection (c) to read
as follows:
����
"(c)
�
No person, including any public body, shall
discard, dispose of, deposit, discharge, or dump solid waste, or by contract or
otherwise arrange directly or indirectly for the disposal of solid waste in an
amount equal to or greater than one cubic yard in volume anywhere other than a
permitted solid waste management system without the prior written approval of
the director.
�
Fly ash, bottom ash, or
combined fly and bottom ash from a municipal waste combustor, including any ash
residue that remains after removal of metals for recycling into new metal
products, shall be disposed of only in a double-lined municipal solid waste or
hazardous waste landfill and, beginning December 31, 2026, shall not be
utilized as alternative daily cover material on a landfill, roadbuilding, fill,
or other construction material; provided that the requirement for the use of
double liners shall not apply to the use of Waimanalo gulch sanitary landfill
cells constructed and in use as of December 31, 2025.
�
Each day of violation shall constitute a
separate offense.
�
This prohibition shall
not be deemed to supersede any other disposal prohibitions established under
federal, state, or county law, regulation, rule, or ordinance."
����
SECTION
3.
�
New statutory material is
underscored.
����
SECTION
4.
�
This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
Report Title:
Solid
Waste Control; Municipal Waste Combustor Ash; Disposal; Prohibition on Reuse
Description:
Requires
municipal solid waste combustor ash to be disposed of only in a double-lined
landfill, except for in Waimanalo Gulch Sanitary Landfill cells constructed and
in use by 12/31/2025.
�
Beginning
12/31/2026, prohibits the reuse of municipal solid waste incinerator ash for
use as daily landfill cover material, roadbuilding, fill, or construction
material.
�
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.