reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-30.8 Leaf blowers; restrictions.

§342F-30.8 Leaf blowers; restrictions.
(a) In any urban land use district, as designated pursuant to section 205-2, it shall be unlawful for any person to operate a leaf blower within a residential zone or within one hundred feet of a residential zone in the State, except between the hours of 8:00 a.m. and 6:00 p.m. on any day except Sunday or a state or federal holiday, and between the hours of 9:00 a.m. and 6:00 p.m. on Sunday or any state or federal holiday.
(b) Violators shall be fined $50 for the first violation, $100 for the second violation, $200 for the third violation, and $500 for each subsequent violation.
(c) Government entities, and agents acting on behalf of government entities, shall not be subject to this section.
(d) Any county may adopt a rule or ordinance that places stricter limitations on the use of leaf blowers than are in this section. In case of a conflict between the requirements or limitations of this section and any county rule or ordinance regarding the use of leaf blowers, the more restrictive requirements shall apply.
(e) For the purposes of this section:
"Leaf blower" means any machine used to blow leaves, dirt, or other debris off sidewalks, driveways, lawns, and other surfaces.
"State holiday" means any day established as a state holiday in section 8-1. [L 2010, c 206, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-31 Rules; specific.

§342F-31 Rules; specific.
The director may establish by rule:
(1) The control of vehicular noise; and
(2) Other specific areas for control of excessive noise, thereby allowing for varying conditions. [L 1989, c 212, pt of §3]
Case Notes
Neither this chapter nor rules promulgated under §342-42 for "vehicular noise" extend to sounds reproduced by an automobile's stereo and regulated under Revised Ordinances of Honolulu §41-31.1. 81 H. 156 (App.), 914 P.2d 549 (1996).
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-31.5 Noise measurement; rules. (a) The department shall adopt rules in accordance with chapter 91 that shall use both the dBC and the dBA sound level measurement systems for community noise control. The department and the county liquor commissions may enforce nighttime noise levels in any urban land use district measured from over fifty to sixty decibels, measured using the dBC weighting system, in certain areas they deem appropriate and not adversely affecting public health and safety. (b) In any urban land use district, a sound level of more than sixty decibels for bass sound (using the dBC weighting system), measured at a complainant's site, shall be deemed to exceed the maximum permissible sound at nighttime; provided that, where the complainant's site is within or in close proximity to an area zoned mixed-use or residential, the maximum permissible sound at nighttime shall be fifty decibels dBC. (c) For purposes of this section: "Nighttime" means the time between the hours of 10:00 p.m. and 7:00 a.m.; and "Urban land use district" means property designated as such pursuant to section 205-2. [L Sp 2009, c 25, §3]

§342F-31.5
Noise measurement; rules.
(a) The department shall adopt rules in accordance with chapter 91 that shall use both the dBC and the dBA sound level measurement systems for community noise control. The department and the county liquor commissions may enforce nighttime noise levels in any urban land use district measured from over fifty to sixty decibels, measured using the dBC weighting system, in certain areas they deem appropriate and not adversely affecting public health and safety.
(b) In any urban land use district, a sound level of more than sixty decibels for bass sound (using the dBC weighting system), measured at a complainant's site, shall be deemed to exceed the maximum permissible sound at nighttime; provided that, where the complainant's site is within or in close proximity to an area zoned mixed-use or residential, the maximum permissible sound at nighttime shall be fifty decibels dBC.
(c) For purposes of this section:
"Nighttime" means the time between the hours of 10:00 p.m. and 7:00 a.m.; and
"Urban land use district" means property designated as such pursuant to section 205-2. [L Sp 2009, c 25, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-32 Complaints; hearings; appointment of masters.

§342F-32 Complaints; hearings; appointment of masters.
The director may:
(1) Receive or initiate complaints of excessive noise, hold hearings in connection with excessive noise, and institute legal proceedings in the name of the State for the prevention, control, or abatement of excessive noise; and
(2) Appoint a master or masters to conduct investigations and hearings. [L 1989, c 212, pt of §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342F. Noise Pollution › 342F-33 Research, educational, and training programs.

§342F-33 Research, educational, and training programs.
The director may:
(1) Conduct and supervise research programs for the purpose of determining the causes, effects, and hazards of excessive noise and the means whereby noise may be monitored, controlled, or abated;
(2) With the approval of the governor, cooperate with, and receive money from, the federal government, or any political subdivision of the State or from private sources for the study and control of excessive noise; and
(3) Conduct or commission and supervise state educational and training programs on noise prevention, control, and abatement, including the preparation and distribution of information relating to excessive noise and its effect on people. [L 1989, c 212, pt of §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-2 Solid waste management priorities.

§342G-2 Solid waste management priorities.
(a) This chapter shall be known and may be cited as the "Hawaii Integrated Solid Waste Management Act".
(b) In implementing this chapter, the department and each county shall consider the following solid waste management practices and processing methods in their order of priority:
(1) Source reduction;
(2) Recycling and bioconversion, including composting; and
(3) Landfilling and incineration.
The respective roles of landfilling and incineration shall be left to each county's discretion.
(c) In implementing this chapter, the department and each county shall consider the minimization of litter and illegal dumping as a design factor in the development of integrated solid waste management programs. [L 1991, c 324, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-3 Goals.

§342G-3 Goals.
(a) It is the goal of the State to reduce the solid waste stream prior to disposal by:
(1) Twenty-five per cent by January 1, 1995; and
(2) Fifty per cent by January 1, 2000;
through source reduction, recycling, and bioconversion. Where feasible, the office shall establish other state goals for specific commodities, recognizing market considerations.
(b) It is the goal of the State to reduce by not less than twenty-five per cent the amount of office paper generated by all state and county agencies by January 1, 1995, through source reduction. The base year for calculating progress toward this goal shall be total office paper consumption by state and county agencies in 1990.
(c) Nothing in this chapter shall be construed to restrict a county from setting waste reduction goals higher than those of the State. [L 1991, c 324, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-11 Administration.

§342G-11 Administration.
The department shall be responsible for the administration of this chapter. The director may delegate to any person within the department the power and authority vested in this chapter as the director deems reasonable and proper for the effective administration of this chapter; provided that the director shall not delegate the power to adopt rules. [L 1991, c 324, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-12 Office of solid waste management, establishment.

§342G-12 Office of solid waste management, establishment.
There is established within the department the office of solid waste management. The head of the office shall be known as the state solid waste management coordinator. The coordinator shall be appointed by the director without regard to chapter 76 and shall be compensated at a salary level set by the director. The coordinator shall be included in any benefit program generally applicable to the officers and employees of the State. The coordinator shall hire staff, as may be necessary, with regard to chapter 76. [L 1991, c 324, pt of §2; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-12.5 Recycling coordinator. There is established a position of assistant to the coordinator of the office of solid waste management to be known as the recycling coordinator. The position may be appointed by the director in accordance with chapter 76. [L 1995, c 229, §2; am L 2000, c 253, §150; am L 2005, c 226, §8; am L 2006, c 300, §9]

§342G-12.5
Recycling coordinator.
There is established a position of assistant to the coordinator of the office of solid waste management to be known as the recycling coordinator. The position may be appointed by the director in accordance with chapter 76. [L 1995, c 229, §2; am L 2000, c 253, §150; am L 2005, c 226, §8; am L 2006, c 300, §9]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-13 Powers and duties of the department.

§342G-13 Powers and duties of the department.
In the execution of the responsibilities provided under this chapter, the department shall:
(1) Establish and administer goals and guidelines as provided for in this chapter;
(2) Adopt rules pursuant to chapter 91 and administer the rules as provided for in this chapter;
(3) Fulfill the office of solid waste management's responsibilities pursuant to this chapter until the establishment of the office;
(4) Serve as the state solid waste management agency for compliance with the federal Resource Conservation and Recovery Act of 1976 (42 United States Code section 6901 et seq.) and any other federal law regarding solid waste; and
(5) Perform other duties as specified in this chapter. [L 1991, c 324, pt of §2; am L 1995, c 229, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-14 Powers and duties of the office of solid waste management.

§342G-14 Powers and duties of the office of solid waste management.
The office shall:
(1) Promote the development of coordinated statewide solid waste management;
(2) Identify and monitor environmental and public health issues relating to solid waste management;
(3) Promote source reduction, recycling, and bioconversion, including home composting, through the provision of a comprehensive, innovative, and effective statewide public education and awareness program concerning the value of source reduction and recycling, and the way the public can participate in these areas;
(4) Comply with the federal Resource Conservation and Recovery Act of 1976 (42 United States Code section 6901 et seq.) and any other federal law heretofore or hereafter enacted affecting solid waste;
(5) Seek compliance with sections 226-18, 226-52, and 226-103;
(6) Assess the feasibility of employing disposal fees, including fees at the point of introduction or sale of any product that would require eventual disposition as solid waste, as possible funding sources for waste management activities;
(7) Coordinate with the department of land and natural resources to incorporate solid waste management and processing concerns in the department of land and natural resources' land use planning and development efforts;
(8) Coordinate the bioconversion efforts of appropriate agency and county activities, including the provision of technical assistance and the evaluation of bioconversion programs;
(9) Provide waste evaluation services and assistance in developing paper recycling and other materials programs to both the public and private sector, where feasible;
(10) Promote the use of enterprise zones in each county to support source reduction, recycling, and bioconversion-type businesses;
(11) Create and maintain a database to assess the composition of the State's waste stream. If feasible, this database shall contain the information necessary to generate the office's annual report;
(12) Identify and apply for appropriate federal funds to support the programs and activities authorized by this chapter; and
(13) Cooperate with appropriate federal, state, and county agencies in carrying out the office's responsibilities under this chapter. [L 1991, c 324, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-15 Annual report.

§342G-15 Annual report.
(a) The coordinator shall prepare and submit an annual report to each county, the director, the governor, and the legislature, twenty days prior to the convening of each regular session of the legislature, describing the activities of the office. The annual report shall provide the information required in this chapter, including, but not limited to:
(1) A summary of the results achieved in meeting the state waste reduction goals, including the amounts of waste disposed of, diverted, and generated in the State, and the progress toward managing waste in consideration of the state solid waste management priorities;
(2) Results achieved in county integrated solid waste management planning and the state plan, with timetables for completion and implementation;
(3) Results achieved in implementing procurement programs, including the amount of recycled goods and materials purchased by the State and counties;
(4) Total paper consumption by state and county agencies and results achieved with the office paper reduction goal;
(5) Results achieved by government agencies in establishing office paper and other materials recovery programs;
(6) Results achieved by state and county agencies in removing barriers to the development of recycling markets and in developing markets and supporting businesses that use recovered materials;
(7) A summary of results achieved by state and county agencies in the provision and execution of the statewide public awareness and education program;
(8) A summary of results achieved by agencies to improve energy efficiency and to reduce reliance on imported fuels in compliance with sections 226-18 and 226-52;
(9) A summary and schedule of the key solid waste management goals and objectives planned for the following year at state and county levels; and
(10) Revenues into and expenditures from the environmental management special fund during the previous fiscal year and projections for revenues and expenditures in the coming fiscal year.
(b) Upon request from the office, the counties shall provide information, to the best of their abilities, to fulfill the requirements outlined in this section. [L 1991, c 324, pt of §2; am L 1993, c 312, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-21 Establishment of county integrated solid waste management plans.

§342G-21 Establishment of county integrated solid waste management plans.
By January 1, 1993, each county shall submit to the office an integrated solid waste management plan that has been formally adopted by the county and that is consistent with the requirements of this chapter. [L 1991, c 324, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-22 Development of county integrated solid waste management plans.

§342G-22 Development of county integrated solid waste management plans.
(a) Prior to preparing a plan, each county shall form an advisory committee appointed by the mayor. The county advisory committee may be composed of representatives from citizen organizations, industry, the private solid waste industry operating within the county, the private recycling or scrap material processing industry operating within the county, the county coordinator, and any other persons deemed appropriate by the mayor. The county advisory committee shall review the plan during its preparation, make suggestions, and propose any changes it believes are appropriate.
(b) Prior to formal adoption by the county, the county shall submit the proposed plan to the office for review and comment. The office shall provide its comments to the county within ninety days of receiving the proposed plan. Following the office's review, the county shall make the proposed plan available for public review and comment for a period of not less than sixty days. The county shall hold at least one public hearing on the proposed plan during this period.
(c) Following formal adoption of the plan by the county, the county shall submit the adopted plan to the office for review. The adopted plan shall be accompanied by a document that contains for each comment received from the State or the public, a response detailing how the comment has been addressed in the plan or, if it has not been addressed, the reason for not doing so. [L 1991, c 324, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-23 State review of county integrated solid waste management plans.

§342G-23 State review of county integrated solid waste management plans.
(a) Prior to submitting to the office a plan that has been formally adopted by a county, the county and the office may negotiate plan components the county finds infeasible. The public shall be notified of all plan components that are determined to be infeasible.
(b) The office shall review the county-adopted plan and approve, conditionally approve, approve specific elements or components, or disapprove the plan. The office shall have sixty days to render a decision, unless the office gives written notice to the county that additional time is necessary to complete the review.
(c) The office shall approve any county plan or revised plan that demonstrates to its satisfaction that:
(1) The plan is reasonably complete and accurate, and consistent with this chapter and rules adopted under this chapter;
(2) The plan provides for the maximum feasible development and implementation of source reduction, recycling, and bioconversion programs, and demonstrates a feasible schedule, funding source, and amount for doing so;
(3) The plan provides for the disposal of solid waste that is not reduced, recycled, or altered through bioconversion, in a manner that is consistent with the requirements of this chapter; and
(4) The plan accomplishes all of the above in a manner consistent with chapter 226.
(d) To expedite and facilitate the plan development, review, and adoption process, the office, at the request of a county, may participate directly in the county adoption process by attending public hearings and county council sessions.
(e) The department shall notify the public of the approval, conditional approval, approval of specific elements or components, or disapproval of the plan. The director may hold a public hearing on the plan if the director determines that a public hearing is in the public interest. [L 1991, c 324, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-24 Submission schedule for revised integrated solid waste management plans.

§342G-24 Submission schedule for revised integrated solid waste management plans.
(a) Each state-approved county plan shall be revised and submitted to the office on the following schedule:
(1) The first revised plan shall be submitted to the office not later than four years after July 1, 1991; and
(2) Subsequent revised plans shall be submitted to the office once every ten years; provided that an interim status report on the implementation of a revised plan shall be submitted five years after every submission of a revised plan to the office.
All revised plans shall be consistent with the requirements of this chapter.
(b) Not less than one hundred and twenty days prior to the submission of a revised plan to the office, the county shall submit a copy of the proposed revision to its county advisory committee for review and comment. All revisions determined by the county advisory committee or the office to be substantial revisions shall be subject to:
(1) At least one county public hearing prior to final submission of the revised plan to the office for review;
(2) Reconsideration and approval by the county advisory committee; and
(3) Review by the office, where the office shall approve, conditionally approve, approve specific elements or components, or disapprove the plan.
In general, any significant changes in policy, program implementation, the identification of facilities necessary to accomplish plan goals, or funding mechanisms, shall be considered substantial revisions. Deadlines for the submittal of substantial revisions shall be pursuant to the schedule outlined in this section.
(c) If neither the county advisory committee nor the office deems any changes to be substantial, then those changes shall be incorporated immediately into the plan. If any member of the public contests a determination of "lack of substantial revision", that person may appeal the determination to the director. The decision of the director shall be final.
(d) The office may require a county to modify and submit to the office an entire plan or specific elements of a plan at a date earlier than the schedule outlined in this section if:
(1) The county, in total, within the county and through access to capacity within another county, has fewer than five years of available permitted disposal capacity, and in the judgment of the office is not making sufficient progress toward developing or gaining access to new capacity; or
(2) The county fails to demonstrate a commitment to meeting the State's waste reduction goals. [L 1991, c 324, pt of §2; am L 2010, c 12, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-25 Contents of county integrated solid waste management plans.

§342G-25 Contents of county integrated solid waste management plans.
(a) Each county plan and subsequent revision shall include:
(1) A program element; and
(2) A facility capacity and siting element.
A county may include additional elements at its discretion.
(b) The program element shall include at a minimum:
(1) A waste stream assessment component;
(2) A source reduction component;
(3) A recycling and bioconversion component;
(4) An energy-balance component;
(5) A special waste component;
(6) A household hazardous waste component;
(7) A public education and information component;
(8) A landfill and incineration component;
(9) A marketing and procurement of materials component;
(10) A program implementation component; and
(11) A program funding component.
(c) The facility capacity and siting element shall include at a minimum:
(1) An existing capacity and future needs component;
(2) A facility implementation component; and
(3) An enterprise zone component. [L 1991, c 324, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-27 Contents of the facility capacity and siting element.

§342G-27
Contents of the facility capacity and siting element.
(a) The existing capacity and future needs component shall identify existing and future facilities needed by the county for solid waste management.
(b) The facility implementation component shall describe the specific tasks that are necessary to provide for the development or expansion of source reduction, recycling, bioconversion, and disposal facility capacity. The planning, design, funding, staffing, siting, construction, and operation of each proposed solid waste facility shall be addressed.
(c) The enterprise zone component shall describe the county's current and planned actions to establish enterprise zones. [L 1991, c 324, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-29 Revisions to the state integrated solid waste management plan.

§342G-29 Revisions to the state integrated solid waste management plan.
(a) The office shall be responsible for preparing revisions to the state integrated solid waste management plan. The first revision shall be completed within six months of the date that all four initial county plans have been approved by the office. The office shall complete each additional state revised plan within six months of the date that all four county revised plans have been approved by the office.
(b) For each state revised plan, the office shall convene a state integrated solid waste management task force. The office shall involve the task force in the review of the county plans and the development of the state revised plan.
(c) For each state revised plan, the office shall:
(1) Revise and update the material contained in the previous plan or revised plan; and
(2) With comment from the task force, address other issues of statewide concern regarding integrated solid waste management. [L 1991, c 324, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-30 Records.

§342G-30 Records.
Each operator of a municipal solid waste landfill or incineration facility shall keep records of all deliveries of solid waste to the facility, including, but not limited to, the source of the waste, the kind of waste received, and the weight or volume, or both, of the waste. The records shall be made available to the department and the respective county for inspection, upon request. At the request of a county, the department may exempt a specific facility from this requirement, or may modify this requirement for a specific facility, if the department determines that the cost of compliance is likely to exceed the value of accurate and thorough data. If the department grants an exemption to a facility under this section, the public shall be notified through a statewide public notice. [L 1991, c 324, pt of §2; am L 1998, c 2, §90]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-31 Guidelines.

§342G-31 Guidelines.
The process of county and state integrated solid waste management planning shall be expedited to the greatest degree possible. The department, within six months of July 1, 1991, shall issue guidelines for the development of county plans. The draft guidelines shall be circulated to the counties for review and comment not less than forty-five days before their issuance. [L 1991, c 324, pt of §2]
Revision Note
"July 1, 1991" substituted for "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-41 Goals for recycled product procurement.

§342G-41 Goals for recycled product procurement.
It shall be the policy of all state and county public agencies to give preference to the purchase of products made from recycled materials, that are themselves recyclable, and that are designed for durability. [L 1991, c 324, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-42 Office responsibilities for recycled products procurement.

§342G-42 Office responsibilities for recycled products procurement.
The office, in coordination with the state procurement office, shall ensure that all state and county purchasing agencies are provided with the information and technical assistance necessary to promote the procurement of goods with recycled-content. [L 1991, c 324, pt of §2; am L 1994, c 186, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-43 Reporting.

§342G-43 Reporting.
(a) Each state agency that conducts its own procurement activities shall annually submit information and data to the office regarding:
(1) The agency's progress in developing procurement programs;
(2) The total amount of paper purchased during the year; and
(3) The amount of recycled goods purchased during the year compared to nonrecycled counterparts.
If an agency is unable to supply this information, the agency shall describe what steps it is taking to obtain this information in the future.
(b) At the request of the office, each county shall provide a similar report. [L 1991, c 324, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-44 Double-sided copying.

§342G-44 Double-sided copying.
Double-sided copying shall be standard operating practice for all state and county agencies, offices, and facilities, as available and appropriate. To increase double-sided copying, each agency in coordination with the department of accounting and general services, each appropriate county entity, and the office, shall establish a schedule for the replacement of single-sided copying machines with double-sided copying machines for all high volume and other targeted machines that may be identified through the conduct of waste evaluations. [L 1991, c 324, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-45 Establishment of an office paper and other materials recovery program.

§342G-45 Establishment of an office paper and other materials recovery program.
By January 1, 1992, the department shall initiate an office paper and other materials recovery program for all appropriate offices within the department. By June 30, 1993, all state and county agencies shall establish an office paper and other materials recovery program. [L 1991, c 324, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-46 Coordination of bioconversion programs.

§342G-46 Coordination of bioconversion programs.
Bioconversion programs shall include:
(1) A variety of program sizes ranging from backyard composting by residents and commercial establishments to full-scale municipal programs; and
(2) A range of technical approaches that adequately demonstrate the types of techniques most appropriate for Hawaii's environment and waste stream. This may include evaluating the feasibility of using compost or other bioconversion products for landfill cover. [L 1991, c 324, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-47 State agency responsibilities in the promotion of bioconversion.

§342G-47 State agency responsibilities in the promotion of bioconversion.
The general responsibilities of state agencies under this chapter include the following:
(1) Departments that procure compost or that can substitute compost for other purchased products shall utilize locally produced compost whenever possible;
(2) The college of tropical agriculture and human resources of the University of Hawaii, in consultation with the department of agriculture and the office, shall evaluate composting and bioconversion methods to determine the methods appropriate to Hawaii's environment and needs. The college shall provide educational outreach to homeowners and farmers on appropriate composting and bioconversion methods;
(3) The department of business, economic development, and tourism shall assist, to the extent possible, in the assessment of bioconversion program alternatives;
(4) The department of health shall evaluate the public health consequences of using compost for specific applications and bioconversion for the processing of municipal solid waste;
(5) The department of land and natural resources shall consider the use of locally produced compost on state lands whenever possible; and
(6) The department of transportation shall use compost in place of, or to supplement, other commercial fertilizers in the department's highway landscape maintenance program. [L 1991, c 324, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-48 Recycling market development.

§342G-48 Recycling market development.
Databases on solid waste management alternatives and businesses involved in recycling and bioconversion shall be developed and maintained as follows:
(1) Within one year of its establishment, the office shall develop a database on the full range of solid waste management alternatives. This database shall include, but not be limited to, information on technology description, effectiveness, level of use elsewhere, available vendors, and cost. This database shall be offered for the use of the public and private sectors; and
(2) By January 1, 1993, the department of business, economic development, and tourism shall develop a database that identifies businesses involved in recycling and bioconversion. This database shall identify businesses that collect, transport, process, market, reuse, or purchase these goods. [L 1991, c 324, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-61 Solid waste collection surcharge.

§342G-61 Solid waste collection surcharge.
Each county may assess residential real property owners in their respective county an annual solid waste collection surcharge based on the partial costs of solid waste collection. Notice of this surcharge shall be included with the notice of assessment required by county ordinance. [L 1993, c 312, pt of §2; am L 2016, c 52, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-62 Solid waste disposal surcharge.

§342G-62 Solid waste disposal surcharge.
(a) There is established a solid waste management surcharge. The solid waste management surcharge shall be 35 cents per ton of solid waste disposed of within the State at permitted or unpermitted solid waste disposal facilities. The surcharge shall be paid by the person or entity doing the disposal. The owner or operator of the facility shall transfer all moneys collected from the surcharge to the department through a quarterly reporting and payment schedule. Estimates of quarterly solid waste disposal shall be submitted prior to the first day of each quarter and the transfer of moneys collected shall occur within thirty days of the end of each quarter.
(b) The surcharge collected pursuant to this section shall be deposited into the environmental management special fund. All interest earned or accrued on moneys deposited in the fund shall become a part of the fund. [L 1993, c 312, pt of §2; am L 1997, c 268, §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-63 Establishment of the environmental management special fund.

§342G-63 Establishment of the environmental management special fund.
(a) There is created in the state treasury an environmental management special fund. The fund may receive legislative appropriations, grants and gifts.
(b) All moneys collected pursuant to section 342G-62 shall be deposited into the environmental management special fund. All interest earned or accrued on moneys deposited into the fund shall become a part of the fund.
(c) The department shall expend moneys contained in the environmental management special fund to:
(1) Partially fund the operating costs of the program including its regulatory functions and the development of waste reduction and diversion activities as mandated by chapter 342G;
(2) Fund statewide education, demonstration, and market development programs, through direct contract or direct transfer of funds to the counties and the department of business, economic development, and tourism, or under a grant program that may be developed under rules pursuant to chapter 91; and
(3) Provide for annual training for municipal solid waste operators in compliance with 40 Code of Federal Regulations Part 258 and chapter 11-58, Hawaii Administrative Rules. [L 1993, c 312, pt of §2; am L 1996, c 83, §3]
Note
Chapter 11-58, Hawaii Administrative Rules, referred to in text is repealed. For present provisions, see chapter 11-58.1, Hawaii Administrative Rules.
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-64 Administration of the environmental management special fund.

§342G-64 Administration of the environmental management special fund.
(a) The department may adopt rules to administer the environmental management special fund. During the interim period until such rules are established, the department may distribute funding to the counties or the department of business, economic development, and tourism in the form of a contractual agreement pursuant to section 103-22.
(b) The office shall not award any grant or contract under this section to any county that has failed to comply with the conditions set forth in this part and any rules adopted pursuant thereto.
(c) Unexpended or unencumbered grant funds shall revert to the environmental management special fund at the end of the fiscal year following the year in which the funds were granted. [L 1993, c 312, pt of §2]
Note
Section 103-22 referred to in text is repealed. For similar provision, see chapter 103D.
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-71 Penalties.

Revision Note
Part heading added by revisor.
§342G-71 Penalties.
Any person who violates any provision of this chapter or any rule adopted pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be made through administrative, civil, or criminal actions. [L 1993, c 312, pt of §3; am L 2002, c 176, §7]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-81 Definitions.

§342G-81 Definitions.
As used in this part, unless the context requires otherwise:
"Deposit glass beverage container" means:
(1) The individual, separate, sealed, glass container used for containing, at the time of import, sixty-eight fluid ounces or less of a beverage; or
(2) The empty, individual, separate glass container that will be filled with sixty-eight fluid ounces or less of a beverage and sealed in this State, so that these glass beverage containers will be subject to part VIII.
"Glass container importer" means any person who is engaged in the manufacture of glass containers within the State or who imports glass containers from outside the State for sale or use within the State. The term includes federal agencies and military distributors, but does not include airlines and shipping companies that merely transport glass containers.
"Glass incentive" means an incentive paid to licensed recyclers for recycling glass containers. Such incentives may be structured to include the costs of collection and processing, and a "buy back" incentive to increase participation by the public and private haulers.
"Glassphalt" means an asphaltic concrete mixture utilizing crushed glass, under controlled gradation conditions, as a substitute for a percentage of the aggregate in the mix.
"Glass recovery program" means a program for glass recovery and reuse for purposes including but not limited to:
(1) Glass container reuse or recycling whereby containers are refilled, processed for shipment out of the State, or crushed into aggregate substitute; and
(2) Use in roadway materials or concrete as provided in this part.
"Import" means to buy, bring, or accept delivery of glass containers from an address, supplier, or any entity outside of the State of Hawaii. [L 1994, c 201, pt of §2; am L 2000, c 128, §2; am L 2002, c 176, §5; am L 2008, c 16, §14]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-82 Advance disposal fee.

§342G-82 Advance disposal fee.
(a) Every glass container importer shall pay to the department an advance disposal fee. The fee shall be imposed only once on the same glass container and shall not be assessed on drinking glasses, cups, bowls, plates, ashtrays, and similar tempered glass containers. For the period beginning September 1, 1994, the fee shall be one and one-half cents per glass container. Beginning October 1, 2004, the glass advance disposal fee shall only apply to glass containers that are not glass deposit beverage containers.
(b) The legislature shall have exclusive authority over all matters subject to this chapter.
(c) No county shall impose or collect any assessment or fee on glass containers for the same or similar purpose that is the subject of this chapter. [L 1994, c 201, pt of §2; am L 2002, c 176, §9]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-83 Glass container importers; registration, recordkeeping requirements.

§342G-83 Glass container importers; registration, recordkeeping requirements.
(a) By September 1, 1994, all glass container importers operating within the State shall register with the department, using forms prescribed by the department, and shall notify the department of any change in address. After September 1, 1994, any person who desires to conduct business in this State as a glass container importer shall register with the department no later than one month prior to the commencement of the business.
(b) All glass container importers shall maintain records reflecting the manufacture of their glass containers as well as the importation and exportation of products packaged in glass. The records shall identify the type (glass deposit beverage container or non-deposit beverage glass container) and quantity of each type of glass container. The records shall be made available, upon request, for inspection by the department; provided that any proprietary information obtained by the department shall be kept confidential, and shall not be disclosed to any other person except:
(1) As may be reasonably required in an administrative or judicial proceeding to enforce any provision of this chapter or any rule adopted pursuant to this chapter; or
(2) Under an order issued by a court or administrative agency hearing officer. [L 1994, c 201, pt of §2; am L 2000, c 128, §3; am L 2002, c 176, §10]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-84 Deposit into environmental management special fund; distribution to counties.

§342G-84 Deposit into environmental management special fund; distribution to counties.
(a) Revenues generated from the advance disposal fee shall be deposited into a special account in the environmental management fund. Moneys from the special account shall be used to fund county glass recovery programs established in accordance with the requirements under section 342G-86; provided that no moneys shall be made available to a county unless the county has first submitted its formally adopted integrated solid waste management plan to the department for review. In the event of any surplus in the special account, the department shall recommend a reduction in the fee as deemed necessary.
(b) The department shall distribute the moneys contained in the special account to the counties in proportion to the amount of glass imported into each county based on the county's de facto population. The distribution shall be in the form of direct contracts with the department as permitted under chapters 103 and 103D or transfer of funds from the department.
(c) No more than ten per cent, in the aggregate, of the revenue collected in any one year may be used by the department for administrative and educational purposes and to promote glass recovery, recycling, and reuse in Hawaii through research and demonstration projects.
(d) All moneys distributed to the counties under subsection (b), and not used by the counties as specified in section 342G-86, shall be returned to the State for deposit into the environmental management special fund at the end of each annual contract period. [L 1994, c 201, pt of §2; am L 1998, c 253, §1; am L 2002, c 176, §11]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-85 Container inventory report and payment.

§342G-85 Container inventory report and payment.
(a) Payment of the advance glass disposal fee shall be made quarterly based on inventory reports of the glass container importers, except for those importers subject to subsection (c) or (d). All glass container importers shall submit to the department documentation in sufficient detail that identifies the number of glass deposit beverage and glass non-deposit beverage containers manufactured or imported to the State and sold or distributed, by manufacturer or distributor, during the calendar year.
(b) Until September 30, 2004, the amount due from glass container importers less glass containers exported for the calendar year shall be the sum equal to the number of glass containers provided in subsection (a) multiplied by the advance disposal fee specified in section 342G-82. Beginning October 1, 2004, the amount due from glass container importers shall be the sum equal to the number of non-deposit beverage glass containers provided in subsection (a), less non-deposit beverage glass containers exported, and multiplied by the advance disposal fee. Payment shall be made by check or money order payable to the "Department of Health, State of Hawaii". All subsequent inventory reports and payments shall be made not later than the fifteenth day of the month following the end of the previous calendar quarter, except for those importers subject to subsection (d).
(c) Until September 30, 2004, a glass container importer who imports fewer than five thousand glass containers within a one-year period shall be exempt from payment of the fee. Any empty, imported glass container designed to hold not more than two and one-half fluid ounces of a product meant for human consumption shall be exempt from the fee. Beginning October 1, 2004, a glass container importer who imports or manufactures in the State fewer [than] five thousand non-deposit beverage glass containers within a one-year period shall be exempt from payment of the fee.
(d) Until September 30, 2004, a glass container importer who imports five thousand or more glass containers, but less than or equal to one hundred thousand glass containers, shall be permitted to provide a report and payment of the fee annually, rather than quarterly. Beginning October 1, 2004, a glass container importer who imports or manufactures in the State five thousand or more non-deposit beverage glass containers, but less than or equal to one hundred thousand non-deposit beverage glass containers, shall be permitted to provide a report and payment of the fee annually, rather than quarterly. [L 1994, c 201, pt of §2; am L 1998, c 253, §2; am L 1999, c 108, §1; am L 2002, c 176, §12]
2023 Hawaii Revised Statutes › Title 19. Health › 342G. Integrated Solid Waste Management › 342G-86 County glass recovery programs; requirements.

§342G-86 County glass recovery programs; requirements.
(a) All county glass recovery programs shall include:
(1) Some form of glass incentive or "buy back" program providing a means of encouraging participation by the public or private collectors; and
(2) The paving of the equivalent of one mile of two lane asphalt roadway as part of a research and demonstration program utilizing glassphalt or glass within any other portion of the pavement section; or any other demonstration project as approved by the department.
(b) In addition, county programs may include but shall not be limited to:
(1) Funding of the collection and processing of glass containers either through existing county agencies or through external contracts for services;
(2) Subsidizing the transportation [of] processed material to off-island markets;
(3) The development of collection facilities or the provision of containers for glass recycling, or the incremental portions of multi-material programs;
(4) Additional research and development programs, including grants to private sector entrepreneurs, especially those activities developing higher value uses for the material; and
(5) Public education and awareness programs focusing on glass recovery, or the incremental portions of multi-material programs. [L 1994, c 201, pt of §2; am L 2002, c 176, §13]