REPORT TITLE:
Waste Permits


DESCRIPTION:
Requires recipients of hazardous waste and solid waste permits to
provide a bond for clean up costs in an amount determined by the
director of the department of health.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2709
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO WASTE PERMIT BOND REQUIREMENTS.



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

 1      SECTION 1.  Recent events demonstrate that Hawaii taxpayers
 
 2 bear the risk of funding the clean up costs of solid waste and
 
 3 hazardous waste permit holders.  This Act would require permit
 
 4 holders to provide a bond to the director of health in an amount
 
 5 sufficient to cover the clean up costs of the permit holder's
 
 6 activities in the event that the permit holder fails to complete
 
 7 any required clean up.
 
 8      SECTION 2.  Section 342H-4, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (b) to read as follows:
 
10      "(b)  The department may require that applications for
 
11 permits be accompanied by plans, specifications, and any other
 
12 information it deems necessary [in order] for it to determine
 
13 whether the proposed installation, alteration, disposal, or use
 
14 will be in accord with applicable rules and standards.  If the
 
15 director determines that a permit should otherwise be issued, the
 
16 director shall then make a determination of the amount of money
 
17 necessary to clean up any accidents resulting from the permitted
 
18 activity and the applicant shall be required to give and keep in
 
19 force with the director a bond for such amount with good and 
 

 
Page 2                                                     2709
                                     H.B. NO.           
                                                        
                                                        

 
 1 sufficient surety or sureties approved by the director,
 
 2 conditioned prior to receiving a permit:
 
 3      (1)  That the applicant shall not violate this chapter; and
 
 4      (2)  That the applicant shall faithfully, promptly, and
 
 5           truly clean up any accidents caused by their permitted
 
 6           activity."
 
 7      SECTION 3.  Section 342J-5, Hawaii Revised Statutes, is
 
 8 amended  by amending subsection (b) to read as follows:
 
 9      "(b)  The director may require that applications for such
 
10 permits shall be accompanied by plans, specifications, and such
 
11 other information as [[]the director[]] deems necessary [in
 
12 order] for [[]the director[]] to determine whether the proposed
 
13 or existing hazardous waste management facility will be in
 
14 compliance with applicable rules and standards.  If the director
 
15 determines that a permit should otherwise be issued, the director
 
16 shall then make a determination of the amount of money necessary
 
17 to clean up any accidents resulting from the permitted activity
 
18 and the applicant shall be required to give and keep in force
 
19 with the director a bond for such amount with good and sufficient
 
20 surety or sureties approved by the director, conditioned prior to
 
21 receiving a permit:
 
22      (1)  That the applicant shall not violate this chapter; and
 
23      (2)  That the applicant shall faithfully, promptly, and
 
24           truly clean up any accidents caused by their permitted
 
25           activity."
 

 
Page 3                                                     2709
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 3.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 4.  This Act shall take effect upon its approval.  
 
 4 
 
 5                       INTRODUCED BY:  ___________________________