HOUSE OF REPRESENTATIVES

H.B. NO.

2644

TWENTY-FIFTH LEGISLATURE, 2010

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SOLID WASTE.

 

 

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

 


     SECTION 1.  The legislature finds that the current solid waste disposal surcharge of 35 cents per ton applies only to waste that is disposed at solid waste disposal facilities within the state.  The surcharge is applied to both landfilled waste and waste that is disposed at the H-Power waste-to-energy facility on Oahu.

     The legislature finds that emerging solid waste disposal practices in Hawaii are not subject to the solid waste disposal surcharge.  For example, collected solid waste destined for shipment out-of-state is not subject to the solid waste disposal surcharge even though it is regulated by the office of solid waste management.  In addition, facilities using new waste processing technologies that, even though they dispose of solid waste, do not meet the current definition of solid waste disposal facility under section 342G-1, Hawaii Revised Statutes.  These new technologies require a solid waste permit and are subject to regulation by the office of solid waste management; however, they currently are not assessed the surcharge payments to support the administration of the solid waste management program.  The net effect of these new disposal methods is an increase in workload for the office of solid waste management without a corresponding revenue stream.

     The purpose of this Act is to clarify that the solid waste management surcharge is applicable for all solid waste disposal facilities that receive solid waste for ultimate disposal through landfilling, incineration, or through a waste-to-energy facility whether in state or out-of-state which are regulated by the office of solid waste management.

     SECTION 2.  Section 342G-62, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established a solid waste management surcharge.  The solid waste management surcharge shall be 35 cents per ton of solid waste either disposed of within the State at permitted or unpermitted solid waste disposal facilities[.] and waste-to-energy facilities, or transferred to solid waste reduction facilities within the State that collect solid waste for transport to an out-of-state landfill, incineration facility, or waste-to-energy facility. 

     The surcharge shall be paid by the person or entity doing the disposal or the person or entity responsible for the preparation for the out-of-state transfer of collected solid waste.  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."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2010.



 

 

Report Title:

Solid Waste; Disposal Surcharge

 

Description:

Applies the solid waste disposal surcharge to waste that is deposited in a landfill, incinerator, or waste-to-energy facility, and applies the surcharge to waste that is shipped out of state for disposal.  (HB2644 HD1)

 

 

 

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