(a) No person shall operate or maintain a business without arranging or providing for the collection of all refuse therefrom.
(b) Where the collection of refuse is to be made by the division, the owner or occupant of the business shall prepare and place refuse for collection in the manner set forth in § 42-1.4.
(c) The owners of liquor-serving establishments shall arrange and provide for the separate collection and recycling of glass containers and the owners of office buildings shall provide for the separate collection and recycling of office paper, newspaper, and corrugated cardboard. In so doing, liquor-serving establishments and office buildings shall not place those recyclable materials in the same containers as those holding refuse, or in a manner which causes or is intended to cause the collection of the recyclable materials with refuse.
For the purposes of this subsection, the following definitions apply unless the context clearly indicates or requires a different meaning.
Liquor-Serving Establishment. A business establishment that sells liquor or intoxicating liquor to be consumed on the premises of the establishment, and shall include bars, nightclubs, cabarets, taverns, and any restaurant where liquor or intoxicating liquor is sold for consumption on the premises, including restaurants within hotels and office buildings.
Liquor or Intoxicating Liquor. Has the same meaning as defined in HRS § 281-1.
Office Building. Any building with, or group of connected buildings with an aggregate of, 20,000 square feet or more of office space, excluding common areas; provided that office space shall not include any portion of a building used for resort, retail, or educational purposes.
An office building, as defined in this subsection, which is occupied by city agencies, in whole or in part, shall be subject to the requirements of this subsection, except where the city agencies are already participating in a recycling program under § 42-1.11.
The owner of a liquor-serving establishment or office building may petition the chief for an exemption from the recycling requirements of this subsection in part or in full if the owner can demonstrate that the establishment or office building, as the case may be, does not generate a sufficient amount of the designated recyclable material to warrant separate collection for recycling.
The owner of a liquor-serving establishment or office building may petition the chief to suspend the applicability of this subsection to the applicant if the applicant demonstrates that recycling service for the items the applicant is required to recycle is unavailable to the applicant, or that the cost of recycling the applicable recyclable materials exceeds the cost of disposing of those same items at the H-POWER facility or the city’s landfills. If the chief grants the application, the requirements of this subsection shall be suspended until such time as recycling service becomes available to the applicant, or the cost of the recycling service is less than or equal to the cost of disposal of the recyclable items at the H-POWER facility or the city’s landfills. The chief shall, from time to time, review the availability and cost of the recycling service to those persons for whom the requirements of this subsection have been suspended.
For the purposes of this subsection, the “cost of the recycling service” shall include only those costs that the recycler would charge the owner of a liquor-serving establishment or office building, whichever applies, for picking up and disposing of the items to be recycled, and the cost of disposal of the items to be recycled at the H-POWER facility or the city’s landfills shall include the city’s tipping fee and the cost of transporting the recyclable items to either of the aforementioned disposal facilities. If the chief determines that the requirements of this subsection shall no longer be suspended with regard to a particular liquor-serving establishment or office building, the chief shall notify the owner of the establishment or building by registered mail and such owner shall be required to recycle the appropriate items in accordance with this subsection within 60 days of receipt of the notice.
The chief may also suspend the requirements of this subsection during the period of a work stoppage or any other interruption of refuse collection service to the office buildings and liquor-serving establishments that are subject to this subsection.
(Sec. 9-3.1, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 9, Art. 3, § 9-3.1) (Am. Ords. 95-64, 14-24)