Report Title:

Solid waste management enforcement & monitoring; appropriation; reward for reporting illegal dumping

Description:

Appropriates funds to the department of health to expand its solid waste management enforcement and monitoring capabilities. Allows persons who report illegal dumping activity to receive 50 percent of the fines collected when a conviction results. (SB3092 HD1)

THE SENATE

S.B. NO.

3092

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

relating to solid waste management.

 

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

SECTION 1. Section 342H-30, Hawaii Revised Statutes, is amended to read as follows:

"§342H-30 Prohibition. (a) No person, including any public body, shall engage in the operation of an open dump.

(b) No person, including any public body, shall operate a solid waste management system without first securing approval in writing from the director.

(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 cubic yard 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.

(d) In addition to any other penalty provided by law, a person who knowingly violates or knowingly consents to the violation of this section shall be subject to one or more of the following penalties:

(1) Criminal penalties of not more than $25,000 for each separate offense;

(2) Not more than thirty days imprisonment for each offense; or

(3) Revocation or suspension by court order of any contractor’s license to operate as a contractor or any applicable certificate of authorization from the public utilities commission.

Each day of a violation shall constitute a separate offense.

(e) If a person reports any activity prohibited under this section and a conviction results, that person shall receive fifty per cent of the fines collected from that conviction."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2004-2005 for the purpose of expanding the department of health's solid waste management enforcement and monitoring capabilities as required under chapters 342G and 342H, Hawaii Revised Statutes.

The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2030.