Solid Waste Control

HRS div. 1, tit. 19, ch. 342H, pt. II

in effect

HRS §342H-30 Prohibition; civil

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. [L 1989, c 212, pt of §4; am L 1994, c 210, §6; am L 1997, c 268, §3; am L 1998, c 226, §2; am L 2004, c 143, §2 and c 145, §2; am L 2005, c 105, §2]

HRS §342H-31 Rules; specific

342H-31. Rules; specific The director may establish by rule the criteria for siting design, construction, financial responsibility, manifest, and operation of solid waste management systems. L 1989, c 212, pt of §4; am L 1998, c 226, §3

HRS §342H-32 Plans and reports

342H-32. Plans and reports The director may require complete and detailed plans or reports on existing solid waste management systems and of any proposed addition to, modification of, or alteration of any such systems that contain the information requested by the director in the form prescribed by the director. The plans or reports shall be made by a competent person acceptable to the director and at the expense of such applicant or owner. [L 1989, c 212, pt of §4; am L 1998, c 226, §4]

HRS §342H-33 Appointment of masters

342H-33. Appointment of masters The director may appoint a master or masters to conduct investigations and hearings. L 1989, c 212, pt of §4

HRS §342H-34 Consultation and advice

342H-34. Consultation and advice The director may consult with and advise any person engaged or intending to be engaged in the management of solid waste. L 1989, c 212, pt of §4

HRS §342H-35 Research, educational, and training programs

342H-35. Research, educational, and training programs The director may: (1) Conduct and supervise research programs for the purpose of determining the sources of solid waste, effects, and hazards of pollution associated with solid waste management systems; (2) With the approval of the governor, cooperate with, and receive money from the federal government or any political subdivision of the State, or from private sources for the study and control of solid waste pollution; and (3) Conduct and supervise state educational and training programs on solid waste management systems, including the preparation and distribution of information relating to solid waste pollution. [L 1989, c 212, pt of §4; am L 1998, c 226, §5]

HRS §342H-36 Recycling for agricultural purposes; encouraged

342H-36. Recycling for agricultural purposes; encouraged The director shall encourage the recycling of solid wastes, including animal wastes and selected non-hazardous industrial wastes, and the composting of animal manures and by-products for agricultural and horticultural purposes. The use of treated sludge effluent for fertilizer and other agricultural purposes shall also be encouraged. Composting of agricultural secondary organic resources under approved methods shall also be encouraged. [L 1989, c 212, pt of §4; am L 1993, c 281, §4]

HRS §342H-36.5 Leaf blower debris

342H-36.5. Leaf blower debris (a) It shall be unlawful for any person to use or operate a leaf blower in such a manner as to blow, dispel, or make airborne dust, leaves, grass cuttings, paper, trash, or any other type of unattached debris or material, beyond the boundaries of the parcel of property being cleaned, unless the consent of the adjoining owner or person in possession of the adjoining property is obtained. (b) It shall be unlawful for any person to use or operate a leaf blower in such a way as to blow leaves, dirt, and other debris onto the public rights-of-way or onto private property not owned, leased, or controlled by the leaf blower operator or the employer or contractor of the leaf blower operator and to allow the debris to remain there in excess of thirty minutes. (c) For purposes of this section: "Leaf blower" shall have the same meaning as defined in section 342F-30.8. "Parcel" means a legal lot of record. Contiguous parcels owned by the same individual or entity shall be considered one parcel for purposes of this section. [L 2010, c 206, §2]

HRS §342H-37 Felony disposal of solid waste

342H-37. Felony disposal of solid waste (a) A person commits the offense of felony disposal of solid waste if the person: (1) Knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an amount equal to or greater than ten cubic yards in volume anywhere other than a permitted solid waste management system without the written approval of the director; (2) After having been sentenced under this section or section 342H-39 on two separate and prior occasions, knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges 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 written approval of the director; or (3) Knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste anywhere other than a permitted solid waste management system without the written approval of the director for which the expense of recovering, removing, restoring, and lawfully disposing of the solid waste exceeds $1,500. (b) This section shall not supersede any other disposal prohibitions established under federal, state, or county law, ordinance, regulation, or rule. (c) Felony disposal of solid waste is a class C felony for which a fine of no more than $50,000 for each separate offense may be imposed. In addition to the foregoing, any vehicle owned and operated by the person in the commission of the offense shall be subject to forfeiture pursuant to chapter 712A. [L 2004, c 143, pt of §1; am L 2005, c 105, §3; am L 2023, c 201, §1]

HRS §342H-38 Felony disposal of solid waste; deferred prosecution agreement

342H-38. Felony disposal of solid waste; deferred prosecution agreement First time offenses for persons cited with felony disposal of solid waste may enter into a deferred prosecution agreement. Persons failing to meet all of the terms of a deferred prosecution agreement shall be subject to prosecution under this section. For the purposes of this section, a deferred prosecution agreement shall mean an agreement offered by the prosecutor, in the prosecutor's discretion, to the person cited that would defer prosecution during the statute of limitations period, subject to renewed prosecution if the defendant violates the conditions of the agreement. The agreement, if one is offered, shall contain provisions reasonably calculated to deter future violations. No person shall be offered a deferred prosecution agreement under this section more than once. If all terms of the agreement are met, all records of the person's arrest, indictment, or plea shall be cleared. Entering into a deferred prosecution agreement shall not be considered an admission of guilt. [L 2004, c 143, pt of §1]

HRS §342H-39 Petty misdemeanor disposal of solid waste

342H-39. Petty misdemeanor disposal of solid waste (a) A person commits the offense of petty misdemeanor disposal of solid waste if the person knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an amount equal to or greater than one cubic yard in volume and less than ten cubic yards in volume, anywhere other than a permitted solid waste management system without the written approval of the director. (b) Petty misdemeanor disposal of solid waste is punishable by: (1) A fine of no more than $25,000 for each separate offense; (2) Imprisonment of no more than thirty days for each separate offense; or (3) Revocation or suspension by court order of any contractor's license or any applicable certificate of authorization from the public utilities commission. Each day of violation shall constitute a separate offense. In addition to the foregoing, any vehicle owned and operated by the person in the commission of the offense shall be subject to forfeiture pursuant to chapter 712A. (c) Each fine collected for a violation of this section shall be distributed to the authorized agency that enforced the prohibition under which the fine was imposed. (d) This section shall not apply to solid waste consisting solely of green waste. For the purposes of this section, "green waste" means solid waste that consists solely of leaves, grass clippings, garden and yard wastes, tree trunks, holiday trees, tree trimmings, and prunings, or any combination thereof. [L 2005, c 105, §1; am L 2023, c 201, §2]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0342H/HRS_0342H-.htmFetched: 11/10/2026