HOUSE OF REPRESENTATIVES

H.B. NO.

1307

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to landfills.

 

 

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

 


     SECTION 1.  The purpose of this Act is to establish a host municipality benefit fee to be paid by operators of privately owned or operated recovery facility or landfills to offset the impact of the facility.

     SECTION 2.  Chapter 342G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§342G-    Host municipality benefit fee.  Each operator of a privately owned or operated resource recovery landfill, excluding transfer stations, shall be subject to a host municipality benefit fee for any health or safety violation pursuant to chapter 342H.  The fee shall be $250 per penalty; provided that all of the fees collected shall be deposited into a separate account of the general fund for distribution by the department of education in equal amounts to every high school within a five-mile radius of the landfill that incurred the penalty.  If there is no high school within a five-mile radius of the landfill that incurred the penalty, the remaining fees collected shall be deposited into the environmental response revolving fund."

     SECTION 3.  Section 342H-10.5, Hawaii Revised Statutes, is amended to read as follows:

     "§342H-10.5  Disposition of collected fines and penalties.  Except as otherwise provided in this section[,] and section 342H-  , fees, fines, and penalties collected under sections 342H-9 [and], 342H-10, and 342H-   shall be deposited into the environmental response revolving fund established by section 128D-2.  Where a county individually, or the State and a county jointly, initiates and conducts an investigation resulting in the imposition and collection of a fine or penalty, pursuant to section 342H-30(c), the fine or penalty shall be distributed as follows:

     (1)  One half to the department of the county whose officers or employees initiated and conducted the investigation; and

     (2)  One half to the environmental response revolving fund established in section 128D-2."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.


     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Host Municipality Benefit Fees; Landfills

 

Description:

Creates a host municipality benefit fee to be assessed against landfill operators who violate solid waste pollution laws.  Requires the State to distribute the fee to high schools within a five-mile radius of the penalized landfill.

 

 

 

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