HB2795

SECTION 1. The legislature finds that ashes from the August 8, 2023, Maui wildfire and incinerator ash generated from municipal waste combustion contain many hazardous substances, including toxic heavy metals, dioxins, furans, and per- and poly-fluoroalkyl substances. Therefore, the ash from the August 2023 Maui wildfires must be safely transported and disposed of in a licensed hazardous waste landfill for the long-term health and safety of Hawaii residents.

The legislature further finds that incinerator ash must be disposed of in a lined landfill to avoid unnecessary exposure. Regulations for the disposal of incinerator ash are based only on short-term lab tests that look at a select number of heavy metals. These short-term lab tests do not test the contents of the incinerator ash, but only test for substances that leach out at a pH level where toxic metals such as lead and cadmium are not expected to leach out.

The legislature also finds that industry standards relating to the disposal of incinerator ash are not based on occupational exposure pathways of workers who handle construction material made from toxic or incinerator ash, including exposure through inhalation or ingestion. Exposure to hazardous substances from toxic and incinerator ash increase if the ash is not properly disposed of and is permitted to be reused into roads or for other purposes, such as fill or other construction material. If toxic or incinerator ash is permitted to be used for roadbuilding, roadways would erode over time and become linear unlined landfills.

Accordingly, the purpose of this Act is to:

(1) Require the safe disposal of toxic and incinerator ash; and

(2) Prohibit the reuse of toxic and incinerator ash for any purpose.

SECTION 2. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§342H- Toxic ash; incinerator ash; disposal. (a) Toxic ash shall:

(1) Be transported in a sealed container; and

(2) Be disposed of at a licensed:

(A) Hazardous waste landfill unit; or

(B) Lined municipal solid waste landfill unit; provided that independent testing of a representative sample from each batch of no more than five short tons of the toxic ash determines that it is not hazardous waste regulated under Subtitle C of the federal Resource Conservation and Recovery Act of 1976 (42 United States Code sections 6901 to 6991(i)), as amended.

(b) Incinerator ash shall be disposed of in either a licensed:

(1) Hazardous waste landfill unit; or

(2) Lined municipal solid waste landfill unit.

"Incinerator ash" means ash generated from municipal solid waste combustion facilities. "Incinerator ash" includes any ash residue that remains after the removal of metals from solid waste for recycling into new metal products.

"Toxic ash" includes ash resulting from the August 2023 Maui wildfires."

SECTION 3. Section 342H-30, Hawaii Revised Statutes, is amended to read as follows:

"§342H-30 Prohibition; civil. (a) No person, including any public body, shall engage in the operation of an open dump.

(b) No person, including any public body, shall operate a solid waste management system without first securing approval in writing from the director.

(c) No person, including any public body, shall discard, dispose of, deposit, discharge, or dump solid waste, or by contract or otherwise arrange directly or indirectly for the disposal of solid waste in an amount equal to or greater than one cubic yard in volume anywhere other than a permitted solid waste management system without the prior written approval of the director. Each day of violation shall constitute a separate offense. This prohibition shall not be deemed to supersede any other disposal prohibitions established under federal, state, or county law, regulation, rule, or ordinance.

(d) No person, including any public body, shall reuse toxic ash, as that term is defined in section 342H- , for any purpose including but not limited to daily landfill cover material, roadbuilding, fill, and other construction material.

(e) No person, including any public body, shall reuse incinerator ash, as that term is defined in section 342H- , for any purpose including but not limited to roadbuilding, fill, and other construction material."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2795
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII