Report Title:

Solid Waste Control

Description:

Creates a felony charge for the disposal of solid waste.

THE SENATE

S.B. NO.

2850

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO SOLID WASTE CONTROL.

 

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

SECTION 1. Chapter 342H, Hawaii Revised Statutes, is amended by adding to part II a new section to be appropriately designated and to read as follows:

"342H- Felony disposal of solid waste. (a) A person commits the offense of felony disposal of solid waste if the person:

(1) Knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an amount equal to or greater than ten cubic yards in volume anywhere other than a permitted solid waste management system without the written approval of the director;

(2) After having been sentenced under the provisions of this section or section 342H-30 on two separate and prior occasions, knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an amount greater than one cubic yard in volume anywhere other than a permitted solid waste management system without the written approval of the director; or

(3) Knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an area other than a permitted solid waste management system without the written approval of the director for which the expense of recovering, removing, restoring, and lawfully disposing of the solid waste exceeds $1,500.

(b) The penalty provisions of this section shall supersede section 342H-30, but otherwise the provisions of this section shall not be deemed to supersede any other disposal prohibitions established under federal, state, or county law, ordinance, regulation, or rule.

(c) Felony disposal of solid waste is a class C felony for which a maximum fine of $50,000 for each separate offense may be imposed."

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 greater than one or less than ten cubic [yard] yards in volume anywhere other than a permitted solid waste management system without the prior written approval of the director. 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST