Bill Text: HI SB2907 | 2012 | Regular Session | Introduced


Bill Title: Landfills; Leeward Coast; Moratorium

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-27 - (S) Referred to HTH/ENE/PGM. [SB2907 Detail]

Download: Hawaii-2012-SB2907-Introduced.html

THE SENATE

S.B. NO.

2907

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to landfills.

 

 

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

 


     SECTION 1.  The legislature finds that the Waimanalo gulch sanitary landfill, located on the leeward coast, is the only landfill on Oahu capable of receiving the total daily output of non-reusable municipal solid waste.  It is also the only municipal solid waste facility owned by the city and county of Honolulu.  The island of Oahu produces more than 1.74 million tons of municipal solid waste a year, and the Waimanalo gulch sanitary landfill accepts about 300,000 tons of municipal solid waste and about 100,000 tons of ash and residue from H-POWER annually.

     The legislature further finds that the department of health has issued citations and fines to the city and county of Honolulu and to the Waimanalo gulch sanitary landfill's contracted operator, Waste Management Hawaii, for violations, such as exceeding the landfill's allowed height, failure to cover garbage with soil daily, failure to monitor levels of methane gas, failure to measure and maintain records of liquid levels in landfill sump pumps, and failure to record locations of asbestos disposal.

     Because of these conditions, residents along the leeward coast continue to experience many health-related problems including asthma, cancer, and other serious illnesses that may be a result of the presence of the landfill.

     With the expected growth in the amount of municipal solid waste generated on Oahu, the city and county of Honolulu created a blue ribbon panel in 2003 to study the possibility of a new location for municipal solid waste disposal.  Despite the existence of the Waimanalo gulch sanitary landfill on the leeward coast for eighteen years, the blue ribbon panel's recommendations for a new location were still largely biased toward siting a new landfill on the leeward coast.

     The purpose of this Act is to place a moratorium for any new landfills on the leeward coast including Nanakuli, Waianae, Maili, Makaha, and Makua on or after August 1, 2012.

     SECTION 2.  Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§342H‑    Leeward coast landfills; moratorium.  Any law to the contrary notwithstanding, no person, including any government agency or entity, shall construct or operate a new solid waste landfill unit on or after August 1, 2012, within the Oahu areas of:

     (1)  Nanakuli;

     (2)  Waianae;

     (3)  Maili;

     (4)  Makaha; and

     (5)  Makua;

provided that this section shall not apply to any landfill units existing prior to August 1, 2012, in these areas.

     For purposes of this section, "new solid waste landfill unit" means any solid waste landfill unit that has not received waste prior to August 1, 2012."

     SECTION 3.  New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Landfills; Leeward Coast; Moratorium

 

Description:

Places a moratorium for any new landfills on the leeward coast including Nanakuli, Waianae, Maili, Makaha, and Makua on or after August 1, 2012.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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