Report Title:

Household Hazardous Waste; Recycling

 

Description:

Prohibits commercial dumping, discharging, or disposal of household hazardous waste on or in any land, water, or mixed municipal solid waste. Requires a warning label about proper disposal and whether the product is to be recycled or disposed of.

 

THE SENATE

S.B. NO.

779

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to houSehold hazardous substance recycling.

 

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

HOUSEHOLD HAZARDOUS SUBSTANCE RECYCLING

§   -1 Definitions. As used in this chapter, unless the context requires otherwise:

"Authorized collection center" means:

(1) Any person or entity, subject to the approval of the department, hired by any commercial establishment to function as the collection center of any unused or unwanted portions of household hazardous products originally purchased at the commercial establishment; or

(2) Any county-administered collection and recycling center established to collect and recycle household hazardous wastes.

"Commercial establishment" means any business in the State where household hazardous products are offered for sale at retail or wholesale prices to the public.

"Department" means department of health.

"Distributor" means any business that distributes any household hazardous product to any commercial establishment for sale in the State.

"Household hazardous product" means any product or material purchased at a commercial establishment located in the State that, upon entering the waste stream, would exhibit the characteristics of a household hazardous waste.

"Household hazardous substance" includes household hazardous products and household hazardous wastes.

"Household hazardous waste" means any solid waste or combination of solid wastes generated in the household including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas that, because of its physical, chemical, or infectious characteristics, may:

(1) Cause or significantly contribute to an increase in mortality or an increase in a serious irreversible or incapacitating reversible illness; or

(2) Pose a substantial existing or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

§   -2 Household hazardous substances; land disposal prohibited. No commercial establishment or its authorized collection center may dispose, discard, dump, discharge, or otherwise place any household hazardous waste or recyclable household hazardous product on or in any land, water, or mixed municipal solid waste.

§   -3 Household hazardous product list; recyclable materials. (a) The department shall establish by rules adopted pursuant to chapter 91, a list of the household hazardous products and their respective quantities that, when discarded, may exhibit the characteristics of a household hazardous waste.

(b) All distributors of household hazardous products shall obtain from the department and deliver to their respective commercial establishments, a quantity of labels sufficient to enable the commercial establishments to properly label the distributor's products prior to public sale.

(c) The department shall design a universal label to be affixed by commercial establishments to all products identified on the list established under subsection (a); provided that the label shall include:

(1) Sufficient space to accommodate the printing of the name and address of the commercial establishment or the establishment's authorized collection center;

(2) A warning to the purchaser that it is unlawful to dispose of any unused portion of the product in a manner not prescribed by law;

(3) A notice to the purchaser that the commercial establishment or the authorized collection center designated on the label is required to accept any unused or unwanted portion of the product; and

(4) A notice to the commercial establishment indicating whether the product is to be recycled pursuant to section    -4 or disposed of pursuant to section    -5.

(d) The department shall establish, by rules adopted pursuant to chapter 91, a list of recyclable household hazardous products.

§   -4 Recycling standards for household hazardous products returned to commercial establishments. No commercial establishment shall dispose of any recyclable household hazardous product returned to that establishment, except by delivery to an authorized collection center for recycling. The department shall establish, by rules adopted pursuant to chapter 91, acceptable methods of recycling the products identified on the list established pursuant to section    -3(d). The department shall identify those products that may be redistributed to the public for reuse in accordance with the label directions of the product.

§   -5 Disposal standards for household hazardous wastes collected by commercial establishments. Household hazardous wastes collected by commercial establishments or their authorized collection centers shall be subject to the treatment, storage, and disposal requirements established under chapter 342J. The department shall establish, by rules adopted pursuant to chapter 91, standards applicable to commercial establishments and authorized collection centers collecting household hazardous wastes, including but not limited to:

(1) Obtaining commercial establishment and collection center identification numbers;

(2) Packaging standards for the storage of household hazardous wastes;

(3) Packaging, labeling, marking, and placarding standards for the shipment of household hazardous wastes;

(4) Manifest requirements for the shipment of household hazardous wastes; and

(5) Recordkeeping and reporting standards.

§   -6 Inspection of premises. The department may inspect any commercial establishment or authorized collection center for the purpose of monitoring compliance or noncompliance with this chapter.

§   -7 County household hazardous waste collection centers. Upon the establishment of any permanent household hazardous waste collection center by any county agency, any commercial establishment selling household hazardous products in that county, subject to the terms and conditions of the county agency, may designate that county's collection center as its authorized collection center.

§   -8 Penalties. Any commercial establishment or authorized collection center that violates 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 violation shall constitute a separate offense. Any action to enforce any penalty under this section shall be a civil action."

SECTION 2. This Act shall take effect on December 31, 2001.

INTRODUCED BY:

_____________________________