Bill Text: HI SB446 | 2025 | Regular Session | Introduced
Bill Title: Relating To Waste Management.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-28 - Re-Referred to HHS, WAM. [SB446 Detail]
Download: Hawaii-2025-SB446-Introduced.html
|
THE SENATE |
S.B. NO. |
446 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO WASTE MANAGEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The fuel spill at the Red Hill fuel storage facility in November 2021 serves as a cautionary example of the severe consequences that can arise from contaminating a vital water source. The spill led to the contamination of the Red Hill drinking water well, affecting hundreds of families living in the surrounding area. This incidence underscores the critical need to protect aquifers from potential sources of pollution.
The Wahiawa aquifer, situated beneath a proposed landfill site, is a crucial component of Oahu's groundwater system. The city and county of Honolulu has selected a site northwest of Wahiawa for this proposed landfill, raising multiple concerns due to its location over an aquifer. This proposed location poses a risk to both the environment and public health and is within the Honolulu board of water supply's "no pass zone", pursuant to board of water supply resolution 502, 1982. Given the island's limited freshwater resource, any risk of contamination to this aquifer could have far-reaching implications for the environment and public health.
Recognizing the importance of safeguarding our water resources, the Honolulu city council has passed resolutions opposing placement of municipal solid waste landfills in proximity to Oahu's underground drinking water sources. In 2003, the Honolulu city council adopted resolution 9 to protect these vital resources.
In light of these considerations, the legislature finds imperative the need to amend state law to enhance protections for aquifers, particularly in areas designated by the counties as "no pass zones".
The purpose of this Act is to require counties to include no pass zones in their integrated solid waste management plans and to prevent landfills in areas critical to Hawaii's freshwater resources.
SECTION 2. Section 342G-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""No pass zone" means an area determined by the county in which the installation of a waste disposal facility may contaminate groundwater resources used or expected to be used for domestic water supply."
SECTION 3. Section 342G-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The existing capacity and future needs component shall identify existing and future facilities needed by the county for solid waste management and shall show the location of any no pass zones."
SECTION 4. Section 342H-52, Hawaii Revised Statutes, is amended to read as follows:
"§342H-52 Prohibitions; buffer zones. (a) No person, including any federal agency, the State, or any county, shall construct, operate, modify, expand, or close a municipal solid waste landfill unit, or any component of a municipal solid waste landfill unit, without first obtaining a permit from the director. All permits for municipal solid waste landfill units shall be subject to any terms and conditions that the director determines are necessary to protect human health or the environment.
(b) No person, including the State or any county, shall construct, modify, or expand a waste or disposal facility including a municipal solid waste landfill unit, any component of a municipal solid waste landfill unit, a construction and demolition landfill unit, or any component of a construction and demolition landfill unit without first establishing a buffer zone of no less than one-half mile around the waste or disposal facility. This subsection shall not apply to the continued operation of an existing waste or disposal facility that is properly permitted; provided that continued operation does not require physical expansion, vertical or horizontal, of the facility requiring additional permitting review and a permit modification.
For the purposes of this subsection:
"Buffer zone" means the distance between the edge of waste or waste activity and the nearest residential, school, or hospital property line.
"Waste or disposal facility" excludes individual, state certified, non-industrial redemption centers.
(c) No person, including the State or any county, shall construct, modify, or expand a waste or disposal facility including a municipal solid waste landfill unit, any component of a municipal solid waste landfill unit, a construction and demolition landfill unit, or any component of a construction and demolition landfill unit in a no pass zone, as defined in section 342G-1. This subsection shall not apply to the continued operation of an existing waste or disposal facility that is properly permitted; provided that continued operation does not require physical expansion, vertical or horizontal, of the facility requiring additional permitting review and a permit modification."
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Waste Management; Landfills; No Pass Zone; Aquifers; County Integrated Solid Waste Management Plans
Description:
Prohibits landfills in no pass zones, which are areas determined by the county where the installation of a waste disposal facility may contaminate groundwater. Requires counties to identify no pass zones in county integrated solid waste management plans.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
