Advance Disposal Hawaii operates under regulations that ensure waste management meets environmental and public health standards. As Hawaii focuses on sustainability, companies in this field face complex legal duties. This article outlines the main legal aspects of waste disposal services in the state.
Permitting Requirements
Waste management companies in Hawaii must get permits from the Hawaii State Department of Health (DOH). The DOH’s Solid and Hazardous Waste Branch issues these permits based on Hawaii Revised Statutes (HRS) Chapter 342H and Hawaii Administrative Rules (HAR) Title 11, Chapter 58.1, Solid Waste Management Control.1Justia Law. Hawaii Revised Statutes Title 19, Chapter 342H (2024) – Solid Waste Pollution
To get a solid waste management permit, companies submit a detailed application to the DOH. This includes information on the facility’s design, operational plans, and environmental safeguards. Requirements differ based on the type and size of the facility, such as a landfill or recycling center.2LII / Legal Information Institute. Hawaii Administrative Rules Title 11, Chapter 58.1 – Solid Waste Management Control
The permitting process may include public notices and hearings. The DOH reviews applications for compliance with state laws. Permit duration varies, and operators must consistently meet permit conditions to maintain validity.
Material Classifications
Proper handling and disposal of different materials are necessary for compliant waste management. Waste categories have specific rules for collection, processing, and disposal.
Hazardous Items
Materials are hazardous if they are ignitable, corrosive, reactive, or toxic, as defined in Hawaii Administrative Rules (HAR) Title 11, Chapter 261.3Hawaii Department of Health. Hawaii Administrative Rules Title 11, Chapter 261.1 – Hazardous Waste Management Examples include some batteries, pesticides, solvents, and paints. Hawaii follows federal hazardous waste regulations (40 CFR Part 261).4Electronic Code of Federal Regulations. 40 CFR Part 261 – Identification and Listing of Hazardous Waste Businesses generating hazardous waste have specific rules for accumulation, labeling, and disposal. Universal Wastes, like certain batteries and mercury-containing items, also have specific management standards under HAR Chapter 11-273.1.5Justia Law. Hawaii Administrative Rules, Chapter 273.1 – Hazardous Waste Management: Standards for Universal Waste Management
Recyclable Supplies
Hawaii promotes diverting materials from landfills through recycling. Recyclable supplies include paper, cardboard, glass, some plastic containers, and metal cans; accepted items vary by island and facility. Hawaii Revised Statutes (HRS) Chapter 342G outlines state goals for waste reduction.6Justia Law. Hawaii Revised Statutes Title 19, Chapter 342G (2024) – Integrated Solid Waste Management Businesses need systems to collect, sort, and process these materials.
General Refuse
General refuse, or municipal solid waste (MSW), includes everyday discarded items not classified as hazardous or recyclable, like food waste and non-recyclable paper and plastics. It is mainly managed through sanitary landfills, with standards for collection, storage, and disposal. General refuse management aims to minimize environmental impact.
Transportation Laws
Transporting waste materials is subject to legal controls for containment, vehicle types, and shipment documentation. Vehicles for solid waste must prevent spillage, leakage, odors, and litter, often needing to be covered or enclosed.
Transporting hazardous waste has stricter rules, detailed in Hawaii Administrative Rules Title 11, Chapter 263.7Hawaii Department of Health. Hawaii Administrative Rules Title 11, Chapter 263.1 – Transporters of Hazardous Waste Transporters need an EPA identification number (required by RCRA) and must use a manifest to track hazardous waste from generation to disposal. They must ensure manifest accuracy, deliver waste only to permitted facilities, and follow procedures for any discharges, including taking protective actions and notifying authorities.
Transporting recyclables, while less regulated, requires preventing litter and ensuring materials reach processing facilities. Proper containment helps maintain their quality. All waste transporters must also follow general Department of Transportation rules for vehicle loads and safety.
Facility Regulation
Waste management facilities in Hawaii, like landfills and recycling centers, are regulated and must meet standards for location, design, construction, operation, maintenance, and closure. For instance, landfills often require liner systems and gas collection systems to manage environmental impacts.
Daily operations are also regulated. Operators follow plans for waste acceptance, nuisance control, and efficient management. Environmental monitoring is often required, with results reported to the DOH. Facilities must keep records of waste, operations, and monitoring.
Requirements vary by facility. Material recovery facilities focus on preventing contamination, composting facilities manage temperature and odors, and transfer stations on efficiency and litter control. All permitted facilities undergo periodic DOH inspections.
Penalties for Violations
Non-compliance with Hawaii’s waste management laws can result in serious penalties imposed by the DOH. Enforcement actions are outlined in statutes like Hawaii Revised Statutes (HRS) Chapter 342J for hazardous waste and others for solid waste.
Solid waste regulation violations can lead to administrative penalties up to $10,000 per offense, with each day being a separate offense.8Justia Law. Hawaii Revised Statutes § 342H-10 (2024) – Administrative Penalties for Solid Waste Civil penalties can reach $25,000 per day per violation.
For solid waste, negligent violations can result in fines from $2,500 to $25,000 per day, imprisonment up to one year, or both. Knowing violations can lead to fines of $5,000 to $50,000 per day, imprisonment up to two years, or both, with increased penalties for repeat offenses.
Hazardous waste violations bring substantial penalties. Administrative penalties can be up to $25,000 per offense, and civil penalties up to $25,000 per day.9Justia Law. Hawaii Revised Statutes § 342J-10 (2024) – Administrative Penalties for Hazardous Waste Knowingly handling hazardous waste improperly can lead to criminal fines up to $50,000 per day, imprisonment up to two years, or both. Knowingly placing someone in imminent danger can result in fines up to $250,000 for individuals or $1,000,000 for organizations, and/or imprisonment up to fifteen years. The DOH can also issue corrective action orders.
Permit Revocation Procedures
Operating a waste management facility in Hawaii requires compliance with state regulations and permit conditions. Non-compliance can lead to permit suspension or revocation by the DOH, following procedures that ensure due process.
The process starts when the DOH identifies significant or persistent violations. The Director of Health can suspend or revoke a permit for non-compliance with permit conditions, state law, or DOH orders. Reasons include operational failures, inadequate environmental controls, or providing false information.
Before formal action, the DOH provides notice and an opportunity for a hearing, detailing the violations and proposed action. The permittee can request a hearing under Hawaii Revised Statutes (HRS) Chapter 91, the Hawaii Administrative Procedure Act.10Justia Law. Hawaii Revised Statutes Title 8, Chapter 91 (2024) – Administrative Procedure
Following the hearing, the Director issues a final decision. An order to suspend (temporary) or revoke (permanent) a permit includes the effective date and any site-securing requirements. This decision can be appealed to state courts. The DOH can issue emergency suspension orders for imminent threats, with a prompt hearing to follow.