HOUSE OF REPRESENTATIVES

H.R. NO.

141

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

HOUSE RESOLUTION

 

 

Requesting the department of health to examine existing and alleged violations in the solid waste recycling industry and fairly and equally enforce applicable laws and regulations for all companies.

 

 

 


     WHEREAS, the solid waste recycling industry provides valuable services to communities in the State of Hawaii, but can cause harm to human health and safety and to the environment if not responsibly operated; and

 

     WHEREAS, the Department of Health is authorized to enforce laws and regulations to protect and improve the health and safety of the citizens of Hawaii and the environment; and

 

     WHEREAS, these laws and regulations are intended to regulate, among other things, the operations of companies in the solid waste recycling industry to ensure that they are conducted in a responsible and safe manner and do not present increased risks to the health of Hawaii's citizens or to the environment; and

 

     WHEREAS, these laws and regulations include measures that proscribe or constrain certain conduct, including but not limited to the manner in which companies handle potentially harmful materials, whether and to what extent substances may be discharged into the environment, and whether the construction of facilities that may have environmental and safety impacts is permitted; and

 

     WHEREAS, these laws and regulations are necessary in order to ensure the continued positive impact of the solid waste recycling industry while minimizing any possible negative impacts to Hawaii's citizens and environment; and

 

     WHEREAS, there have been reports of Hawaii's solid waste recycling facilities committing numerous violations of these laws and regulations over time, including but not limited to operating or performing activities without proper permits, failing to comply with permit requirements, failing to comply with standards for handling and storage of potentially harmful materials, and failing to adequately protect against discharges of harmful materials into the environment; and

 

     WHEREAS, reports of continuing violations of laws and regulations related to the protection of human health and the environment may not consistently be given a timely response by the Department of Health; and

 

     WHEREAS, allowing continuing violations without swift action by the Department of Health not only presents harmful risks to Hawaii's citizens and environment, but also tarnishes the reputation of the solid waste recycling industry and puts companies that operate within the regulations and with a concern for the environment at an unfair disadvantage, and therefore encourages unlawful conduct; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, that the Department of Health is requested to promptly investigate all alleged violations of laws and regulations pertaining to human health and the environment within its purview by companies operating within the solid waste recycling industry, timely issue any appropriate penalty or order any necessary corrective action, and ensure any ordered action is taken; and

 

     BE IT FURTHER RESOLVED that the Department of Health provide a complaining or interested party with information regarding the status and results of any such investigation, resulting penalty, or order for corrective action; and

 

     BE IT FURTHER RESOLVED that the Department of Health fairly and equally enforce laws and regulations it is authorized to enforce against all companies operating within the solid waste recycling industry, with the goal of ensuring compliant, fair, and safe operations to further the ultimate end of protecting Hawaii's citizens and lands; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Health; the Chiefs of Police of the Hawaii Police Department, Honolulu Police Department, Kauai Police Department, and Maui Police Department; and the respective Mayors and County Councils of Hawaii County, the City and County of Honolulu, Kauai County, and Maui County.

 

 

 

 

OFFERED BY:

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Report Title: 

Department of Health; Solid Waste Recycling Industry