Report Title:

Solid Waste Management Systems; Licensure; Transport of Contaminated Soil

Description:

Changes permitting requirements to licensure requirements with regard to the operation of solid waste management systems. Requires placard affixed to vehicles transporting any solid waste. Deposits license and variance fees into the environmental response revolving fund rather than the general fund in order to have a dedicated source of funding.

THE SENATE

S.B. NO.

2514

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO SOLID WASTE POLLUTION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 342H-1, Hawaii Revised Statutes, is amended by amending the definition of "permit" to read as follows:

"["Permit"] "License" means written authorization from the director to construct, modify, and operate any solid waste management system or any component of any solid waste management system. A permit authorizes the grantee to construct, modify, and operate any solid waste management system in a manner or amount, not forbidden by this chapter, or by rules adopted pursuant to this chapter but requiring review by the department."

SECTION 2. Section 342H-4, Hawaii Revised Statutes, is amended to read as follows:

"§342H-4 [Permits;] Licenses; procedures for. (a) An application for any [permit] license required under this chapter shall be in a form prescribed by the director.

(b) The department may require that applications for [permits] licenses be accompanied by plans, specifications, and any other information it deems necessary in order for it to determine whether the proposed installation, alteration, disposal, or use will be in accord with applicable rules and standards.

(c) The director shall issue a [permit] license for any term, [not exceeding five years,] if the director determines that such will be in the public interest; provided that the [permit] license may be subject to such reasonable conditions as the director may prescribe[.], including but not limited to annual renewals. The director, on application, shall renew a [permit] license from time to time [for a term not exceeding five years] if the director determines that such is in the public interest. The director shall not deny an application for the issuance or renewal of a [permit] license without affording the applicant an opportunity for a hearing in accordance with chapter 91.

The director, on the director's own motion or the application of any person, may modify, suspend, or revoke any [permit] license if, after affording the [permittee] licensee an opportunity for a hearing in accordance with chapter 91, the director determines that:

(1) There is a violation of any condition of the [permit;] license;

(2) The [permit] license was obtained by misrepresentation, or failure to disclose fully all relevant facts;

(3) There is a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted disposal; or

(4) Such is in the public interest.

In determining the public interest, the director shall consider the environmental impact of the proposed action, any adverse environmental effects which cannot be avoided should the action be implemented, the alternatives to the proposed action, the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity, and any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented, and any other factors which the director may by rule prescribe; provided that any determination of public interest shall promote the optimum balance between economic development and environmental quality.

(d) The failure of the director to act on an application for the issuance of a [permit] license or an application by a [permit] license holder for the modification or renewal thereof within one hundred eighty days of the receipt of such application, except for all federally delegated permit programs and federally approved programs, shall be deemed a grant of such application provided that the applicant acts consistently with the application and all plans, specifications, and other information submitted as a part thereof.

(e) No applicant for a modification or renewal of a [permit] license shall be held in violation of this chapter during the pendency of the applicant's application provided that the applicant acts consistently with [the permit] any permit or license previously granted, the application and all plans, specifications, and other information submitted as a part thereof.

(f) The director shall develop minimum standards consistent with this chapter to determine whether to issue a license to any applicant."

SECTION 3. Section 342H-4.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342H-4.5[]] Transporting prohibited without [permit.] license. No person shall transport any [petroleum-contaminated soil,] solid waste, as defined in section [342G-1,] 342H-1, without a [permit] license issued under section 342H-4; except that no [permit] license shall be required for the transport of petroleum-contaminated soil to a soil remediation site, as permitted by the department if the transporter provides written notification to the department at least forty-eight hours in advance of any proposed transportation of petroleum-contaminated soil and abides by any transportation guidelines set by the department. A placard summarizing the information contained on the license shall be affixed to the exterior of the motor vehicle in a manner prescribed by departmental guidelines."

SECTION 4. Section 342H-6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342H-6[]] Inspection of premises. The director, in accordance with law, may enter and inspect any facility, building, or place to investigate an actual or suspected source of solid waste pollution, to ascertain compliance or noncompliance with this chapter or any rule or standard adopted by the department pursuant to this chapter, any [permit] license or variance issued by the department pursuant to this chapter, and to make reasonable tests in connection therewith. No confidential information secured pursuant to this section by any official or employee of the department within the scope and course of the official's or employee's employment in the prevention, control, or abatement of solid waste pollution shall be disclosed by the official or employee except as it relates directly to solid waste pollution and then, only in connection with the official's or employee's official duties and within the scope and course of the official's or employee's employment."

SECTION 5. Section 342H-7, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) If the director determines that any person has violated or is violating any provision of this chapter, any rule adopted pursuant to this chapter, or any term or condition of a [permit] license issued pursuant to this chapter, the director may do any one or more of the following:

(1) Issue an order assessing an administrative penalty for any past or current violation;

(2) Require compliance immediately or within a specified time; and

(3) Commence a civil action in the circuit court in the circuit in which the violation occurred or the person resides or maintains the person's principal place of business for appropriate relief, including a temporary, preliminary, or permanent injunction, the imposition and collection of civil penalties, or other relief.

(b) Any order issued pursuant to this section may include a suspension, modification, or revocation of a [permit] license issued under this chapter, and shall state with reasonable specificity the nature of the violation. Any administrative penalties assessed in the order shall be in accordance with section 342H-10."

SECTION 6. Section 342H-9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person who violates this chapter, any rule adopted pursuant to this chapter, or any condition of a [permit] license or variance issued pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken in court to impose or collect the penalty provided for in this subsection shall be considered a civil action."

SECTION 7. Section 342H-11, Hawaii Revised Statutes, is amended to read as follows:

"§342H-11 Injunctive and other relief. The director may institute a civil action in any court of competent jurisdiction for injunctive and other relief to prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a [permit] license or variance issued pursuant to this chapter, without the necessity of a prior revocation of the permit or variance, to impose and collect civil penalties, to collect administrative penalties, or to obtain other relief. The court shall have power to grant relief in accordance with the Hawaii rules of civil procedure."

SECTION 8. Section 342H-13, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342H-13[]] Fees. The director may establish reasonable fees for the issuance of [permits] licenses and variances to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits and variances (not including court costs or other costs associated with any formal enforcement action). The fees shall be deposited [to the credit of the general fund.] into the environmental response revolving fund established by section 128D-2."

SECTION 9. Section 342H-14, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342H-14[]] Public records; confidential information; penalties. Solid waste management [permit] license applications and reports on the disposal or management of solid waste submitted to the department shall be made available for inspection by the public during established office hours unless such reports contain information of a confidential nature concerning secret processes or methods of manufacture. Any officer, employee, or agent of the department acquiring confidential information from the inspection authorized by section 342H-6 who divulges information except as authorized in this chapter or except as ordered by a court or at an administrative hearing regarding an alleged violation of this chapter or of any rule or standard adopted pursuant to this chapter shall be fined not more than $1,000."

SECTION 10. Section 342H-17, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342H-17[]] Enforcement by state and county authorities. All state and county health authorities and police officers shall enforce this chapter and the rules, orders, and [permits] licenses of the department."

SECTION 11. Section 342H-20, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342H-20[]] Priority in courts. All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter or pursuant to the conditions of a [permit] license issued under this chapter shall in the discretion of the court receive priority in the courts of the State."

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect upon its approval.

INTRODUCED BY:

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