Advance Disposal Hawaii Rules and Legal Requirements Explained
Understand how Hawaii's waste disposal laws impact businesses and individuals, including compliance steps and legal considerations.
Understanding Hawaii’s waste disposal rules is crucial for businesses and residents aiming to comply with the law and protect the state’s unique environment. Legal requirements dictate how various types of waste must be managed to avoid penalties and safeguard public health.
Governing Bodies and Regulations
Waste management in Hawaii is primarily overseen by the state’s Department of Health (DOH), specifically its Solid and Hazardous Waste Branch (SHWB). This authority is established by state laws designed to protect public health and the environment. The DOH sets the standards for handling waste materials, aiming to prevent land pollution, encourage waste reduction, and ensure compliance with environmental regulations.
The core legal framework includes the Hawaii Revised Statutes (HRS) and the Hawaii Administrative Rules (HAR). Chapter 342H of the HRS grants the DOH authority over solid waste pollution, while Chapter 342G, the Integrated Solid Waste Management Act, sets state priorities: source reduction first, then recycling and bioconversion (like composting), with landfilling and incineration as last resorts.1Hawaii State Legislature. Hawaii Revised Statutes Chapter 342G – Integrated Solid Waste Management Supporting these statutes, HAR Title 11, Chapter 58.1 outlines minimum standards for solid waste facilities to prevent pollution and conserve resources.2Hawaii Department of Health. Hawaii Administrative Rules Title 11, Chapter 58.1 – Solid Waste Management Control
While the DOH establishes statewide rules, county governments typically manage the day-to-day operations, such as collection services, transfer stations, and landfills. Each county creates solid waste management plans reflecting state priorities but tailored to local needs, often with input from advisory committees. This creates a system where the state provides regulatory oversight, and counties handle operational implementation under DOH guidelines.
Waste Types Subject to Specific Rules
Hawaii’s regulations require different handling procedures for specific waste categories based on the risks they pose.
Hazardous Substances
Hazardous waste is regulated under federal Resource Conservation and Recovery Act (RCRA) principles, implemented through state rules, mainly Hawaii Administrative Rules (HAR) Title 11, Chapter 261.1.3U.S. Environmental Protection Agency. Resource Conservation and Recovery Act (RCRA) Overview Waste is deemed hazardous if it’s ignitable, corrosive, reactive, or toxic, or if it appears on specific lists (derived from industrial processes or as discarded chemicals). Acutely toxic wastes, like certain pesticides or pharmaceuticals, face strict controls even in small amounts. Proper management involves separating hazardous from non-hazardous waste, using appropriate labeled containers, adhering to storage time limits, and ensuring tracking from “cradle-to-grave.”
Medical Items
Medical waste, referred to as “infectious waste,” is governed by HAR Title 11, Chapter 104.1.4Hawaii Department of Health. Hawaii Administrative Rules Title 11, Chapter 104.1 – Infectious Waste Management This includes materials potentially containing pathogens, such as cultures, human blood, pathological wastes (tissues, organs), contaminated sharps (needles, scalpels), and certain animal wastes from research. Strict segregation is required at the source. Sharps must go immediately into rigid, puncture-resistant containers, often red or marked with a biohazard symbol. Other infectious materials usually require designated red bags. These wastes must be treated, typically by autoclaving (steam sterilization) or incineration, to render them harmless before final disposal.
Electronic Equipment
The disposal of electronic waste, or e-waste, falls under Hawaii Revised Statutes (HRS) Chapter 339D.5Hawaii State Legislature. Hawaii Revised Statutes Chapter 339D – Electronic Device and Television Recycling This law targets “covered electronic devices,” including computers, monitors, printers, larger portable computers, and televisions (screens nine inches or larger). Manufacturers of these devices are required to fund recycling programs for Hawaii consumers. This “producer responsibility” model aims to keep e-waste, which often contains hazardous materials like lead and mercury, out of landfills. Retailers must sell products only from registered manufacturers and inform customers about recycling options. Items like microwaves or small appliances are generally not covered by this specific law.
Permitting and Licensing Requirements
Operating facilities that manage solid waste—such as landfills, transfer stations, recycling centers, or composting sites—requires a permit from the DOH’s Solid and Hazardous Waste Branch (SHWB), as mandated by Hawaii Administrative Rules (HAR) Title 11, Chapter 58.1. Establishing, modifying, or operating such facilities without this authorization is unlawful.
Obtaining a solid waste management permit involves submitting a detailed application to the DOH. Applications typically require facility plans, operational details, site analysis, closure plans, and proof of financial assurance, as outlined in state law (HRS Section 342H-4).6Justia Law. Hawaii Revised Statutes § 342H-4 – Permits; Procedures For The DOH reviews this information to ensure the facility meets environmental protection standards. Permits are usually issued for up to five years and may be renewable.
Some smaller or lower-impact operations might qualify for a simplified “permit by rule,” covering specific categories like small convenience centers or certain composting and inert debris landfill operations under defined limits. These facilities must still meet operational standards.
Beyond facility permits, generators of hazardous waste must obtain a U.S. Environmental Protection Agency (EPA) Identification Number before handling or transporting such waste, a requirement under HAR 11-262.1-18 derived from federal RCRA rules.7U.S. Environmental Protection Agency. EPA ID Numbers This site-specific number, obtained via an application through the DOH, is essential for tracking hazardous waste. Generators must also periodically re-notify the DOH to keep their status active.
Penalties for Noncompliance
Violating Hawaii’s waste management laws can result in significant administrative, civil, and criminal penalties enforced by the Department of Health (DOH).
For solid waste violations, such as operating without a permit or illegal dumping, Hawaii Revised Statutes (HRS) Section 342H-9(a) allows civil penalties up to $10,000 per offense, with each day of violation counting as a separate offense. The DOH considers the violation’s nature, compliance history, and corrective efforts when setting fines. Obstructing DOH inspections can incur a $500 penalty (HRS Section 342H-9(b)). Improper disposal of specific items like lead-acid batteries or tires can also lead to fines up to $10,000 per offense under HRS Chapter 342I.
Criminal charges apply to more severe solid waste offenses. Knowingly dumping one to ten cubic yards of solid waste illegally is a petty misdemeanor with potential fines up to $25,000 per day (HRS Section 342H-39). Dumping ten cubic yards or more knowingly becomes a class C felony (HRS Section 342H-37), carrying potentially higher fines and imprisonment.
Hazardous waste violations typically involve stricter penalties. Civil fines can reach $25,000 per day per violation under HRS Section 342J-9(a).8FindLaw. Hawaii Revised Statutes § 342J-9 – Penalties and Remedies Denying inspectors entry can result in fines up to $10,000 per day (HRS Section 342J-9(b)). Knowingly committing serious hazardous waste offenses—like transporting to an unpermitted facility, improper treatment or disposal, making false statements, or abandonment—is a class C felony, punishable by fines up to $25,000 per day and potential imprisonment (HRS Section 342J-9(c)). Improper handling of used oil or related false statements constitutes a misdemeanor, also with potential fines up to $25,000 per day.
When to Consult a Lawyer
Hawaii’s waste management regulations, encompassing various state statutes and administrative rules, can be complex. While the Department of Health (DOH) offers guidance, determining how these rules apply to specific business operations, property developments, or waste streams may require professional advice. Consulting an attorney experienced in Hawaii environmental law can clarify obligations under state and potentially overlapping federal laws, like the Resource Conservation and Recovery Act (RCRA).
The process for obtaining DOH permits, particularly for major solid waste facilities, is intricate and involves detailed applications covering site plans, operations, and financial assurances. Legal review can help ensure applications are complete and accurate, potentially smoothing the DOH review process, especially for new or modified facilities handling specialized waste like medical or hazardous materials, or those involved in e-waste recycling programs.
Legal counsel can also assist in developing internal compliance strategies and training programs to meet ongoing regulatory requirements. If facing DOH inquiries or inspections, an attorney can facilitate communication and ensure responses are appropriate. Seeking advice early, before formal noncompliance issues arise, can help address concerns proactively.
Engaging third-party waste service providers involves contracts that should clearly outline responsibilities regarding state regulations. Legal review of these agreements helps protect your interests and ensures all parties understand their compliance roles. Similarly, legal due diligence is often advisable in property transactions involving sites with potential contamination or past waste activities to assess liabilities under environmental laws.
