(a) No person, including any federal agency, the State, or any county, shall construct, operate, modify, expand, or close a municipal solid waste landfill unit, or any component of a municipal solid waste landfill unit, without first obtaining a permit from the director. All permits for municipal solid waste landfill units shall be subject to any terms and conditions that the director determines are necessary to protect human health or the environment.

Terms Used In Hawaii Revised Statutes 342H-52

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Director: means the director of health. See Hawaii Revised Statutes 342H-1
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste onto any land or water so that such solid waste, or any constituent thereof, may enter the environment, be emitted into the air, or discharged into any water, including ground waters. See Hawaii Revised Statutes 342H-1
  • Facility: means all contiguous land and structures, other appurtenances, and improvements on the land used for the disposal of solid waste. See Hawaii Revised Statutes 342H-51
  • Municipal solid waste landfill unit: means a discrete area of land or an excavation that receives household waste and is not a land application unit, surface impoundment, injection well, or waste pile. See Hawaii Revised Statutes 342H-51
  • Permit: means written authorization from the director to construct, modify, and operate any solid waste management system or any component of any solid waste management system. See Hawaii Revised Statutes 342H-1
  • Person: means any individual, partnership, firm, association, public or private corporation, federal agency, the State or any of its political subdivisions, trust, estate, or any other legal entity. See Hawaii Revised Statutes 342H-1
  • Solid waste: means garbage, refuse, and other discarded materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining, and agricultural operations, sludge from waste treatment plants and water supply treatment plants, and residues from air pollution control facilities and community activities, but does not include solid or dissolved materials in domestic sewage or other substances in water sources such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows, or other common water pollutants, or source, special nuclear, or by-product material as defined by the federal Atomic Energy Act of 1954, as amended (68 Stat. See Hawaii Revised Statutes 342H-1
  • Waste: means sewage, industrial and agricultural matter, and all other liquid, gaseous, or solid substance, including radioactive substance, whether treated or not, which may pollute or tend to pollute the atmosphere, lands or waters of this State. See Hawaii Revised Statutes 342H-1
(b) No person, including the State or any county, shall construct, modify, or expand a waste or disposal facility including a municipal solid waste landfill unit, any component of a municipal solid waste landfill unit, a construction and demolition landfill unit, or any component of a construction and demolition landfill unit without first establishing a buffer zone of no less than one-half mile around the waste or disposal facility. This subsection shall not apply to the continued operation of an existing waste or disposal facility that is properly permitted; provided that continued operation does not require physical expansion, vertical or horizontal, of the facility requiring additional permitting review and a permit modification.

For the purposes of this subsection:

“Buffer zone” means the distance between the edge of waste or waste activity and the nearest residential, school, or hospital property line.

“Waste or disposal facility” excludes individual, state certified, non-industrial redemption centers.

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