REPORT TITLE:
Medical Waste Facility; Siting


DESCRIPTION:
Prohibits the director of health from issuing an air pollution
control permit for a medical waste incinerator or a solid waste
pollution permit for a medical waste sterilizer that is located
within 1 mile of any residential dwelling.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           368
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO RESIDENTIAL PROPERTY OCCUPANCY.



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

 1      SECTION 1.  Presently, the department of health is incapable
 
 2 of determining whether the gases being emitted by medical wastes
 
 3 being disposed of by incineration or autoclaving are safe to
 
 4 breathe.  There are recorded incidents of men, women, and
 
 5 children becoming ill after breathing the gases emitted by a
 
 6 medical waste facility.  Based on anecdotal evidence, there is
 
 7 reason to suspect that these emissions may also cause cancer.  In
 
 8 addition, there is a high incidence of cancer--causation
 
 9 unknown--in neighborhoods where these facilities exist.  This
 
10 type of waste facility also employs the use of heavy trucks and
 
11 equipment, which is not acceptable in residential environments.
 
12 In the interest of the health and safety of Hawaii's citizens,
 
13 medical waste facilities should not be located within one mile of
 
14 any residential dwelling.
 
15      SECTION 2.  Section 342B-25, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "[[]342B-25[]]  Approval of permit.(a)  The director
 
18 shall issue a permit for any term not exceeding five years if it
 
19 is determined that the source will comply with all requirements
 

 
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 1 of this chapter and the rules and standards adopted pursuant to
 
 2 this chapter.
 
 3      (b)  The permit may be subject to such reasonable conditions
 
 4 as the director may prescribe, including emission limitations or
 
 5 other conditions to assure compliance with all hazardous air
 
 6 pollutant maximum achievable control technology standards or
 
 7 rules adopted pursuant to this chapter.
 
 8      (c)  The director, on application, shall renew a permit for
 
 9 a term not exceeding five years[,] if it is determined that the
 
10 source complies with all requirements of this chapter and the
 
11 rules and standards adopted pursuant to this chapter.
 
12      (d)  The director shall not deny an application for the
 
13 issuance or renewal of a permit without affording the applicant
 
14 an opportunity for a hearing in accordance with chapter 91.
 
15      (e)  The director shall not issue a permit for a covered
 
16 source if the administrator timely objects to its issuance.
 
17      (f)  The director shall not issue a permit for a medical
 
18 waste incinerator that is located within one mile of any
 
19 residential dwelling."
 
20      SECTION 3.  Section 342H-4, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "342H-4  Permits; procedures for.(a)  An application for
 
23 any permit required under this chapter shall be in a form
 

 
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 1 prescribed by the director.
 
 2      (b)  The department may require that applications for
 
 3 permits be accompanied by plans, specifications, and any other
 
 4 information it deems necessary in order for it to determine
 
 5 whether the proposed installation, alteration, disposal, or use
 
 6 will be in accord with applicable rules and standards.
 
 7      (c)  The director shall issue a permit for any term, not
 
 8 exceeding five years, if the director determines that [such] this
 
 9 will be in the public interest; provided that the permit may be
 
10 subject to such reasonable conditions as the director may
 
11 prescribe.  The director, on application, shall renew a permit
 
12 from time to time for a term not exceeding five years if the
 
13 director determines that [such] this is in the public interest.
 
14 The director shall not deny an application for the issuance or
 
15 renewal of a permit without affording the applicant an
 
16 opportunity for a hearing in accordance with chapter 91.
 
17      The director, on the director's own motion or the
 
18 application of any person, may modify, suspend, or revoke any
 
19 permit if, after affording the permittee an opportunity for a
 
20 hearing in accordance with chapter 91, the director determines
 
21 that:
 
22      (1)  There is a violation of any condition of the permit;
 
23      (2)  The permit was obtained by misrepresentation, or
 

 
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 1           failure to disclose fully all relevant facts;
 
 2      (3)  There is a change in any condition that requires either
 
 3           a temporary or permanent reduction or elimination of
 
 4           the permitted disposal; or
 
 5      (4)  [Such] This is in the public interest.
 
 6      In determining the public interest, the director shall
 
 7 consider the environmental impact of the proposed action, any
 
 8 adverse environmental effects [which] that cannot be avoided
 
 9 should the action be implemented, the alternatives to the
 
10 proposed action, the relationship between local short-term uses
 
11 of the environment and the maintenance and enhancement of long-
 
12 term productivity, and any irreversible and irretrievable
 
13 commitments of resources [which] that would be involved in the
 
14 proposed action should it be implemented, and any other factors
 
15 [which] that the director [may], by rule, may prescribe; provided
 
16 that any determination of public interest shall promote the
 
17 optimum balance between economic development and environmental
 
18 quality.
 
19      (d)  The failure of the director to act on an application
 
20 for the issuance of a permit or an application by a permit holder
 
21 for the modification or renewal thereof within one hundred eighty
 
22 days of the receipt of [such] the application, except for all
 
23 federally delegated permit programs and federally approved
 

 
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 1 programs, shall be deemed a grant of [such] the application
 
 2 [provided that] if the applicant acts consistently with the
 
 3 application and all plans, specifications, and other information
 
 4 submitted as a part thereof.
 
 5      (e)  No applicant for a modification or renewal of a permit
 
 6 shall be held in violation of this chapter during the pendency of
 
 7 the applicant's application [provided that] if the applicant acts
 
 8 consistently with the permit previously granted, the application
 
 9 and all plans, specifications, and other information submitted as
 
10 a part thereof.
 
11      (f)  The director shall not issue a permit for a medical
 
12 waste sterilizer that is located within one mile of any
 
13 residential dwelling."
 
14      SECTION 4.  This Act does not affect rights and duties that
 
15 matured, penalties that were incurred, and proceedings that were
 
16 begun, before its effective date.
 
17      SECTION 5.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 6.  This Act shall take effect upon its approval.
 
20 
 
21                           INTRODUCED BY:_________________________