S.C.R. NO.









requesting THE GOVERNOR TO DEVELOP PLANS TO establish a solid waste management board.


WHEREAS, the State's landfills are near capacity in all counties, thus creating a health and environmental emergency crisis; and

WHEREAS, the State maintains and supports various waste management initiatives, including recycling; and

WHEREAS, at this time, recycling and all other current initiatives do not divert a sufficient amount of solid waste to meaningfully extend the life of the State's landfills; and

WHEREAS, pursuant to chapter 342G, Hawaii Revised Statutes, each county and the State are required to develop and implement Integrated Solid Waste Management Plans; and

WHEREAS, those plans have not been revised or fully implemented to sufficiently address the landfill crisis and other related issues; and

WHEREAS, the number of complaints by Hawaii residents are increasing as the ill effects of overfilled and improperly maintained landfills reach residential areas; and

WHEREAS, a recent investigation reveals that illegal dumping of an estimated thirty tons of solid waste occurred on Honolulu city property in Waipahu, that was not a valid waste site; and

WHEREAS, it has been reported that the area upon which the illegal dumping occurred is situated over an aquifer, thus increasing the potential for contamination of Oahu's potable water resources; and

WHEREAS, this illegal dumping may only be an initial indication of widespread illegal disposal of solid waste and the actual prevalence of environmentally hazardous materials greater than currently estimated; and

WHEREAS, this revelation likely foreshadows future discovery of illegal dumping sites, additional violations of solid waste management laws, rules, and procedures, and the extensive environmental damage and risks to public health caused by irresponsible disposal of solid waste; and

WHEREAS, every effort should be made to identify the personnel, agency, procedural, and resource shortfalls that need to be addressed in order to ensure that solid waste is disposed of appropriately; and

WHEREAS, the State must now refocus on solid waste management issues to avert a health and environmental catastrophe; and

WHEREAS, a contributing factor to the State's solid waste management problem is the fact that the State lacks a single entity that has the authority and mandated responsibility to coordinate and administer all aspects of solid waste management; and

WHEREAS, if such an entity were to exist, the public and private businesses would be subject to one government agency for permitting, accountability, and enforcement purposes, thereby achieving uniformity in the application of laws; and

WHEREAS, such an entity would be better situated to base decisions on technical merit and be less impacted by extraneous influences; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2004, the House of Representatives concurring, that the Governor is requested to develop plans to establish a solid waste management board to administer the solid waste management functions and activities of the State; and

BE IT FURTHER RESOLVED that in developing the plans, the Governor is requested to consider factors such as:

(1) Establishing and collecting an advance disposal fee for large and difficult to dispose items such as automobiles, white goods, and hazardous materials;

(2) Administering an advance disposal fee special fund and any moneys collected thereunder to provide funding to the counties for the implementation of approved recycling plans and removal and clean up of illegally dumped waste;

(3) Establishing rate schedules for public agencies to follow for the payment for waste that has been diverted to an approved waste diversion method;

(4) Assisting the counties in meeting the goals and objectives of approved integrated solid waste management plans;

(5) Monitoring public solid waste management contracts to ensure that the contracts are implemented in a cost effective and timely manner;

(6) Monitoring solid waste disposal and processing capacity, capital improvement programs, and planning efforts to eliminate emergencies resulting from the inadequate planning and implementation of infrastructure development;

(7) Maintaining a solid waste technical reference resource library for the use of public officials and interested parties;

(8) Promoting recycling and waste diversion through negotiating with federal, state, and county governments, public corporations, and commercial entities;

(9) Cooperating with state and federal enforcement agencies to reduce illegal dumping; and

(10) Providing funding for public education programs in schools and for businesses; and

BE IT FURTHER RESOLVED that the Governor is requested to submit a progress report on the development of the plans, and including any cost and revenue estimates, and draft implementing legislation to the Legislature not later than twenty days prior to the convening of the 2005 Regular Session; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, and the Director of Health.






Report Title:

Solid Waste Management Board; Establishment; Feasibility Study