340A-3 Disposal of solid waste. (a) The county agency responsible for the collection and disposal of solid waste may require that all solid waste transported by the county agency, collectors, businesses or individuals be disposed of at facilities or in areas designated by the county agency if it is found to be in the best public interest; provided that agricultural solid waste and source separated waste transported for recycling purposes shall not be subject to the provisions of this section; and provided further that if regional transfer stations are designated, transportation to the stations shall be considered so as to minimize the operating costs of the collector.
Terms Used In Hawaii Revised Statutes 340A-3
- Agency: means any department, office or board or commission of the state or county government which is a part of the executive branch of that government. See Hawaii Revised Statutes 340A-1
- Agricultural solid waste: means the solid waste that results from the rearing of animals and the harvesting of crops. See Hawaii Revised Statutes 340A-1
- Collector: means any person or governmental agency which has been licensed to remove refuse in accordance with applicable ordinances and regulations. See Hawaii Revised Statutes 340A-1
- County: shall include each county of the State, including the city and county of Honolulu. See Hawaii Revised Statutes 340A-1
- Director: means the director of the department of health. See Hawaii Revised Statutes 340A-1
- Landfill: means a land area used for the disposal of solid waste. See Hawaii Revised Statutes 340A-1
- Resource recovery facility: means a facility in which solid waste is reprocessed into new products in such manner that original products lose their identity. See Hawaii Revised Statutes 340A-1
- Solid waste: means garbage, refuse and other discarded solid materials, including solid waste materials resulting from industrial and commercial operations, and from community activities. See Hawaii Revised Statutes 340A-1
- Source separated waste: means recyclable waste materials which are set aside at their point of generation for segregated collection and transport to specialized waste processing sites or final manufacturing markets. See Hawaii Revised Statutes 340A-1
The best public interest shall be found if disposal at the designated facilities or areas will:
(1) Result in reusable materials being recovered from solid waste; or
(2) Achieve the solid waste volumes necessary to meet a resource recovery facility‘s minimum operating requirements; or
(3) Lessen the demand for landfill sites; or
(4) Conserve natural resources.
(b) For a county that has a resource recovery facility in use or when the design for such a facility has begun, the director shall not grant a permit for other solid waste disposal activities including landfills, for a term extending beyond the planned operational date for the resource recovery facility unless the other disposal activity is to be used for one or more of the following:
(1) Disposal of ash or residue from a resource recovery facility;
(2) Disposal of solid waste which, because of its chemical or physical characteristics, is not suitable for processing at a resource recovery facility;
(3) Provide an emergency backup or overflow capacity for a resource recovery facility;
(4) Provide for solid waste disposal for those areas not served by a resource recovery facility as designated by the county agency responsible for the collection and disposal of solid waste.