Report Title:

Municipal Solid Waste Landfill Units; Siting and Expansion

 

Description:

Prohibits a new municipal solid waste landfill unit from being sited within 3 miles of an existing public or private school or resort area; and prohibits an existing municipal solid waste landfill unit located within 3 miles of an existing public or private school or resort area from being expanded horizontally.

 

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1052

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to landfills.

 

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

SECTION 1. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

"§342H-    Siting and horizontal expansion of municipal solid waste landfill units. (a) Notwithstanding section 342H-53 to the contrary:

(1) No new municipal solid waste landfill unit may be sited within three miles of an existing public or private school or resort area after the effective date of this section;

(2) No existing municipal solid waste landfill unit located within three miles of an existing public or private school or resort area may be expanded horizontally after December 31, 2004; and

(3) No existing municipal solid waste landfill unit may be expanded horizontally to within three miles of an existing public or private school or resort area after December 31, 2004.

(b) No new public or private school or resort area may be sited within three miles of an existing municipal solid waste landfill unit after the effective date of this section.

(c) Notwithstanding section 342H-51 to the contrary, the definitions of "existing municipal solid waste landfill unit", "new municipal solid waste landfill unit", and "lateral expansion" shall not apply to this section.

(d) For the purposes of this section only:

"Existing municipal solid waste landfill unit" means a municipal solid waste landfill unit in existence on the effective date of this section. The term does not include a closed municipal solid waste landfill unit.

"New municipal solid waste landfill unit" means a municipal solid waste landfill unit not in existence on the effective date of this section. The term includes a reopened municipal solid waste landfill unit."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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