Title 19, Health

PART I. GENERAL PROVISIONS §342G-1 Definitions. As used in this chapter, unless the context requires otherwise: "Agricultural solid waste" means the solid waste that results from the rearing of animals and the harvesting of crops and that is normally placed in landfills. "Backyar…

[PART VIII.] DEPOSIT BEVERAGE CONTAINER PROGRAM §342G-101 Definitions. As used in this part, unless the context requires otherwise: "Auditor" means the office of the auditor. "Commercial passenger vessel" means any domestic or foreign-flagged marine vessel or air carrier used pri…

[§342G-101.5] Commercial passenger vessels; exemption. (a) Notwithstanding any other provision of this part, this part shall not apply to a deposit beverage container that is sold or delivered to an entity operating a commercial passenger vessel when the deposit beverage containe…

§342G-102 Deposit beverage container fee. (a) Beginning on October 1, 2002, every deposit beverage distributor shall pay to the department a deposit beverage container fee on each polyethylene terephthalate, high density polyethylene, or metal deposit beverage container manufactu…

[§342G-103] Deposit beverage distributors; registration, recordkeeping requirements. (a) By September 1, 2002, all deposit beverage distributors operating within the State shall register with the department, using forms prescribed by the department, and shall notify the departmen…

§342G-104 Deposit into deposit beverage container deposit special fund; use of funds. (a) There is established in the state treasury the deposit beverage container deposit special fund, into which shall be deposited: (b) Moneys in the deposit beverage container deposit special fu…

§342G-105 Deposit beverage container inventory report and payment. (a) Payment of the deposit beverage container fee and deposits as described in section 342G-110 shall be made monthly based on inventory reports of the deposit beverage distributors. All deposit beverage distribut…

[§342G-106] Contract for administrative services. The department may contract the services of a third party to administer the deposit beverage container program under this part. [L 2002, c 176, pt of §2]

[§342G-107] Management and financial audit. The auditor shall conduct a management and financial audit of the program for fiscal years 2004-2005 and 2005-2006, and for each fiscal year thereafter ending in an even-numbered year. The auditor shall submit the audit report, includin…

[§342G-109] Rules; commencement. The department may adopt rules pursuant to chapter 91 as may be necessary for the purposes of this part. Full implementation of the deposit beverage container deposit program shall commence no later than January 1, 2005. [L 2002, c 176, pt of §2]

PART II. ADMINISTRATION [§342G-11] Administration. The department shall be responsible for the administration of this chapter. The director may delegate to any person within the department the power and authority vested in this chapter as the director deems reasonable and proper …

[§342G-110] Payment and application of deposits. (a) By January 1, 2005, every deposit beverage container sold in this State shall have a refund value of 5 cents. Each container shall have the refund value clearly indicated on it as provided in section 342G-112. (b) The refund va…

§342G-111 Sales of beverages in deposit beverage containers; distributor report; fee and deposit payment. (a) By January 1, 2005, every deposit beverage distributor who pays a deposit to the department shall charge the dealer or consumer a deposit equal to the refund value for ea…

§342G-112 Deposit beverage container requirements. (a) Except as provided in subsection (b), every deposit beverage container sold in the State shall clearly indicate the refund value of the container and the word "Hawaii" or the letters "HI". The names or letters representing th…

§342G-113 Redemption of empty deposit beverage containers. (a) Except as provided in subsection (b), a dealer shall: (b) Subsection (a) shall not apply to any dealer: Notwithstanding paragraphs (1) and (2), the director may allow the placement of redemption centers at greater tha…

§342G-114 Redemption centers. (a) Prior to operation, redemption centers shall be certified by the department. (b) Applications for certification as a redemption center shall be filed with the department on forms prescribed by the department. (c) The department, at any time, may …

§342G-115 Reverse vending machine requirements. Reverse vending machines may be used by redemption centers to satisfy the requirements of section 342G-113. Reverse vending machines shall accept any type of empty deposit beverage container and pay out the full refund value in eith…

§342G-116 Refusal of refund value payment for a deposit beverage container. Redemption centers shall refuse to pay the refund value on any broken, corroded, or dismembered deposit beverage container, or any deposit beverage container that:

§342G-117 Handling fees and refund values for certified redemption centers. (a) The department shall pay to each certified redemption center a handling fee of not less than the prevailing deposit beverage container fee for each deposit beverage container redeemed by a consumer th…

§342G-119 Redemption center reporting. The department shall pay certified redemption centers handling fees and refund values as described in section 342G-117, based on collection reports submitted by the redemption centers. All redemption centers shall submit to the department th…

[§342G-12] Office of solid waste management, establishment. There is established within the department the office of solid waste management. The head of the office shall be known as the state solid waste management coordinator. The coordinator shall be appointed by the director w…

§342G-12.5 Recycling coordinator. There is established a position of assistant to the coordinator of the office of solid waste management to be known as the recycling coordinator. The position may be appointed by the director in accordance with chapter 76. [L 1995, c 229, §2; am …

[§342G-120] Recycling facility reporting. Recycling facilities, in addition to any requirements under chapter 342H, shall prepare or maintain the documents involving empty beverage containers, as required by the department. [L 2002, c 176, pt of §2]

[§342G-121] Audit authority. The records of the deposit beverage distributor, dealer, redemption center, and recycling facility shall be made available, upon request, for inspection by the department, a duly authorized agent of the department, or the auditor. Any proprietary info…

[§342G-121.5] Risk-based selection process; audit. (a) The department shall develop a risk-based process to select, for periodic audit, certain deposit beverage distributor and redemption center reports submitted to the deposit beverage container program. The department may hire …

[§342G-122] Advisory committee. The department shall convene an advisory committee to assist it in developing any rules needed to implement this chapter. The department shall select members of the committee so as to obtain input on the state level as well as assess the impact on …

§342G-13 Powers and duties of the department. In the execution of the responsibilities provided under this chapter, the department shall:

[§342G-14] Powers and duties of the office of solid waste management. The office shall:

§342G-15 Annual report. (a) The coordinator shall prepare and submit an annual report to each county, the director, the governor, and the legislature, twenty days prior to the convening of each regular session of the legislature, describing the activities of the office. The annua…

[§342G-2] Solid waste management priorities. (a) This chapter shall be known and may be cited as the "Hawaii Integrated Solid Waste Management Act". (b) In implementing this chapter, the department and each county shall consider the following solid waste management practices and …

PART III. INTEGRATED SOLID WASTE MANAGEMENT PLANNING [§342G-21] Establishment of county integrated solid waste management plans. By January 1, 1993, each county shall submit to the office an integrated solid waste management plan that has been formally adopted by the county and t…

[§342G-22] Development of county integrated solid waste management plans. (a) Prior to preparing a plan, each county shall form an advisory committee appointed by the mayor. The county advisory committee may be composed of representatives from citizen organizations, industry, the…

[§342G-23] State review of county integrated solid waste management plans. (a) Prior to submitting to the office a plan that has been formally adopted by a county, the county and the office may negotiate plan components the county finds infeasible. The public shall be notified of…

§342G-24 Submission schedule for revised integrated solid waste management plans. (a) Each state-approved county plan shall be revised and submitted to the office on the following schedule: All revised plans shall be consistent with the requirements of this chapter. (b) Not less …

[§342G-25] Contents of county integrated solid waste management plans. (a) Each county plan and subsequent revision shall include: A county may include additional elements at its discretion. (b) The program element shall include at a minimum: (c) The facility capacity and siting …

§342G-26 Contents of the program element. (a) The waste stream assessment component shall describe and explain the origin, composition, and weight or volume, or both, of solid waste generated within the county during the year in which the plan is being developed, or during the su…

[§342G-27] Contents of the facility capacity and siting element. (a) The existing capacity and future needs component shall identify existing and future facilities needed by the county for solid waste management. (b) The facility implementation component shall describe the specif…

[§342G-28] Facility permitting. Permitting shall be performed pursuant to chapter 342H. [L 1991, c 324, pt of §2]

[§342G-29] Revisions to the state integrated solid waste management plan. (a) The office shall be responsible for preparing revisions to the state integrated solid waste management plan. The first revision shall be completed within six months of the date that all four initial cou…

[§342G-3] Goals. (a) It is the goal of the State to reduce the solid waste stream prior to disposal by: through source reduction, recycling, and bioconversion. Where feasible, the office shall establish other state goals for specific commodities, recognizing market considerations…

§342G-30 Records. Each operator of a municipal solid waste landfill or incineration facility shall keep records of all deliveries of solid waste to the facility, including, but not limited to, the source of the waste, the kind of waste received, and the weight or volume, or both,…

[§342G-31 Guidelines.] The process of county and state integrated solid waste management planning shall be expedited to the greatest degree possible. The department, within six months of July 1, 1991, shall issue guidelines for the development of county plans. The draft guideline…

PART IV. GOVERNMENTAL COORDINATION [§342G-41] Goals for recycled product procurement. It shall be the policy of all state and county public agencies to give preference to the purchase of products made from recycled materials, that are themselves recyclable, and that are designed …

§342G-42 Office responsibilities for recycled products procurement. The office, in coordination with the state procurement office, shall ensure that all state and county purchasing agencies are provided with the information and technical assistance necessary to promote the procur…

[§342G-43] Reporting. (a) Each state agency that conducts its own procurement activities shall annually submit information and data to the office regarding: If an agency is unable to supply this information, the agency shall describe what steps it is taking to obtain this informa…

[§342G-44] Double-sided copying. Double-sided copying shall be standard operating practice for all state and county agencies, offices, and facilities, as available and appropriate. To increase double-sided copying, each agency in coordination with the department of accounting and…

[§342G-45] Establishment of an office paper and other materials recovery program. By January 1, 1992, the department shall initiate an office paper and other materials recovery program for all appropriate offices within the department. By June 30, 1993, all state and county agenc…

[§342G-46] Coordination of bioconversion programs. Bioconversion programs shall include:

§342G-47 State agency responsibilities in the promotion of bioconversion. The general responsibilities of state agencies under this chapter include the following:

[§342G-48] Recycling market development. Databases on solid waste management alternatives and businesses involved in recycling and bioconversion shall be developed and maintained as follows: