Waste Management; Construction and Demolition Waste
Requires counties to establish a construction and demolition diversion deposit program to encourage recycling of construction and demolition solid waste. Requires haulers to provide detailed records of construction and demolition waste from pick up to drop off.
HOUSE OF REPRESENTATIVES
TWENTY-SECOND LEGISLATURE, 2004
STATE OF HAWAII
A BILL FOR AN ACT
relating to construction and demolition waste.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46- Construction and demolition diversion deposit program. (a) Each county by ordinance shall establish a construction and demolition diversion deposit program that shall require a diversion deposit to be remitted by any person who applies for a building permit in an amount to be determined by the respective councils. The diversion deposit shall be remitted together with the application for the building permit.
(b) The diversion deposit may be returned to the building permit applicant upon a showing that at least fifty per cent by weight of all the construction and demolition waste generated by the project requiring the building permit was diverted from landfill disposal. A pro rata portion of the diversion deposit may be returned if less than fifty per cent but more than twenty-five per cent of the construction and demolition waste was diverted from landfill disposal. No refund of any diversion deposit shall be made unless the applicant files a written request for a refund along with documentation satisfactory to the county in support of the request.
(c) For purposes of this section, "diverted" or "diversion" means the reduction of the amount of waste being disposed in landfills by any of the following methods:
(1) Use of new construction methods, to be determined by the county in consultation with knowledgeable representatives of the construction industry, that reduce the amount of waste generated;
(2) Onsite reuse of the construction or demolition waste; or
(3) Delivery of the waste from the construction site to a certified recycling facility described in subsection (d).
(d) For purposes of this section, a certified recycling facility means a recycling, composting, or material recovery or reuse facility for which the county issues a certification upon a finding that the facility:
(1) Has obtained all applicable federal, state, and county permits and is in compliance with all laws, rules, ordinances, and regulations; and
(2) Properly diverts from the landfills a required minimum percentage of all the construction and demolition waste the facility receives pursuant to this diversion deposit program.
(e) Moneys received by the county as diversion deposits shall be used only for:
(1) Payment of diversion deposit refunds;
(2) Costs of administration of the diversion deposit program;
(3) Costs of programs to divert the waste from construction and demolition projects from landfill disposal; and
(4) Costs of programs to develop or improve the infrastructure needed to divert the waste from construction and demolition projects from landfill disposal."
SECTION 2. Within one year from the effective date of this Act, each county shall establish by ordinance a construction and demolition deposit program.
SECTION 3. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342H- Construction and demolition waste haulers; trip records; noncompliance. (a) Haulers of construction and demolition waste shall maintain trip records documenting:
(1) The name of the hauling company;
(2) The type and amount of construction and demolition waste they are hauling; and
(3) The locations of the construction and demolition waste pick up and drop off.
For the purpose of this section, "hauler" means an individual driver who transports construction and demolition waste from one location to another for a hauling company employing the hauler.
(b) The trip records shall be maintained by the hauling company for a minimum of five years and shall be produced by the hauler or hauling company upon the request of the department.
(c) Failure to comply with this section shall be a petty misdemeanor."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.