Chapter 8.04 REFUSE COLLECTION AND LANDFILLS

The purpose of this chapter is to establish the means by which all solid waste in the County shall be collected, disposed, and/or recycled. Everyone who works, lives, or conducts a business in the County contributes to the waste stream. Therefore, all businesses, government agencies, religious entities, nonprofit organizations, and residents should contribute to and participate in the collection, disposal and recycling of solid waste. In so doing, the County will experience improved health and safety, more cost-efficient collection and landfill operations, a healthier environment and related economic benefits. (Ord. 3562 § 1 (part), 2008: Ord. 2731 § 1, 1998)

Unless otherwise expressly stated, whenever used in this chapter, the following terms shall be taken to have the following meanings:

“Account” means a parcel of record or an address if a parcel contains more than one address.

“Business” means a sole proprietorship, partnership, firm, or corporation.

“Council” means the council of the County.

“Department” means the department of environmental management of the County.

“Director” means the director of the department of environmental management or the director’s authorized representative.

“Division” means the solid waste division of the department of environmental management.

“Dwelling unit” means a room or group of rooms connected together constituting an independent housekeeping unit for a family and containing a single kitchen.

“Hazardous waste” means any waste or combination of wastes which pose a substantial present or potential hazard to human health or living organisms because such wastes are nondegradable or persistent in nature, or because they can be biologically magnified, or because they can be lethal, or because they may otherwise cause or tend to cause detrimental cumulative effects.

“Landfill” means any sanitary landfill maintained and operated by the County of Maui.

“Liquid waste” means any waste material that is determined to contain “free liquids,” as defined by a paint test.

“Multifamily dwelling unit” means a building which consists of three or more dwelling units and which is designed for occupancy by three or more families living independently of each other.

“Owner” means the occupant of a residential unit; provided, however, that if the residential unit is rented to any such occupant, then “owner” means the person listed as “owner” in the tax records of the County.

“Paint test” means a test that conforms to 40 Code of Federal Regulations, parts 257 and 258, and specifically refers to 40 Code of Federal Regulations, section 158.28(c)(1) liquid waste, method 9095.

“Refuse” means all discarded and disposable matter, including garbage and rubbish, as defined in this section.

“Refuse collection unit” means the aggregate of six containers, boxes, bags, or bundles.

“Vector” means an organism that carries disease-carrying microorganisms from one host to another. (Ord. 3562 § 1 (part), 2008: Ord. 3052 § 1, 2002; Ord. 2779 §§ 1, 2, 1999; Ord. 2731 §§ 2, 3, 1998; Ord. 2291 § 2, 1993; Ord. 2286 §§ 1, 2, 1993; Ord. 1822 §§ 1, 2, 1989; Ord. 1727 §§ 1, 2, 1988: Ord. 777 § 1, 1973: prior code § 16-1.1)

A. The monthly charges for refuse collection services shall be imposed and collected in accordance with the rate or rates as set forth in the annual budget ordinance, except that for those areas where regular collection is not provided, the director of finance may enter into a contract with the person requesting such service.

B. The service charges prescribed in the annual budget ordinance shall be based upon the fiscal year, beginning on July 1 of each year; provided, however, where collection services are commenced more than thirty days after July 1 of any year, the annual service charges shall be prorated accordingly on a monthly basis. Regular billings for collection services shall be made at least annually. Such bills shall be payable in advance.

C. Owners may pay for one refuse collection unit, per legally permitted dwelling unit. Fees for any additional units shall be paid in advance. A service fee as set forth in the annual budget ordinance shall be charged to owners for the closing and re-opening of a refuse account at the same residence within one year, or for re-opening a refuse account that has been closed by the division for delinquency. Owners will be credited for any decrease in the number of units against subsequent annual service charges. Refunds shall be issued only upon termination of all services.

D. All collection charges, interest, fines, and penalties, if any, shall be collected by the department of finance for deposit into the solid waste management fund. (Ord. 3562 § 1 (part), 2008: Ord. 3331 § 1, 2005; Ord. 3052 § 6, 2002)

A. No business, federal or state agency, religious entity, or nonprofit organization shall dispose of refuse at any landfill facility without first obtaining a disposal permit issued by the department and making payment of the permit fee required in the annual budget ordinance.

B. An applicant for a disposal permit shall file with the director an application signed by an authorized person on behalf of the business, federal or state agency, religious entity, or nonprofit organization on forms furnished by the department containing the following information:

1. Name, address and telephone number of the business, federal or state agency, religious entity, or nonprofit organization;

2. Make, model, and weight of the vehicle which is to be used to transport and dispose the refuse;

3. Vehicle license number;

4. Such other information as may be deemed necessary by the director.

C. The director may suspend a disposal permit for the following reasons:

1. Failure to pay any disposal charges or special handling fees when due; or

2. Noncompliance with disposal procedures established by the department. (Ord. 3562 § 1 (part), 2008: Ord. 3052 § 7, 2002)

A. For the receipt and disposal of self-hauled residential solid waste or refuse delivered to landfill facilities by any business, federal or state agency, religious entity, or nonprofit organization, the unit charge per load or the unit charge per ton, or fraction thereof, as set forth in the annual budget ordinance shall apply.

In the event of a breakdown or unavailability of weighing equipment at the landfill facility, the interim fee schedule as set forth in the annual budget ordinance shall apply.

B. In addition to the unit charge per ton or per cubic yard, a charge per truckload for refuse requiring special handling or arrangements by County employees for proper disposal at landfills shall be imposed in the amount set forth in the annual budget ordinance.

C. The director of finance may assess interest on any delinquent charges. Charges are delinquent when not paid within thirty days after the date of the billing for the charges. Interest shall be assessed at a rate of one per cent per month for each month or fraction thereof that the charges remain delinquent. If partial payment of a delinquent charge is made, the amount received shall first be applied to the interest due, and then to the principal.

D. All disposal charges, special handling fees, and interest, if any, shall be collected by the department of finance for deposit into the solid waste management fund.

E. The director may waive disposal charges for nonprofit organizations and organizations participating in a County-sponsored event if the organization:

1. Has a recycling operating permit issued by the State of Hawaii, department of health; or

2. Submits information, on a form specified by the department, verifying the organization’s participation in recycling programs or projects. (Ord. 3562 § 1 (part), 2008: Ord. 3052 § 8, 2002)