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Honolulu, HI Code of Ordinances
THE REVISED ORDINANCES OF HONOLULU
TITLE I: ADMINISTRATION
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: THE MAYOR AND EXECUTIVE AGENCIES - ADDITIONAL POWERS, DUTIES, AND FUNCTIONS
CHAPTER 3: ADDITIONAL BOARDS, COMMISSIONS, AND COMMITTEES
CHAPTER 4: ADDITIONAL POWERS AND DUTIES OF COUNCIL AND LEGISLATIVE AGENCIES
CHAPTER 5: SALARIES, EMPLOYMENT, AND BONDING REQUIREMENTS OF ELECTED OFFICIALS AND NON-CIVIL-SERVICE OFFICERS
TITLE II: TAXATION AND FINANCES
CHAPTER 6: FUNDS, FEES, AND LOAN PROGRAMS
CHAPTER 7: RESERVED
CHAPTER 8: REAL PROPERTY TAX
CHAPTER 8A: TAXATION OF TRANSIENT ACCOMMODATIONS
TITLE III: MISCELLANEOUS REGULATIONS
CHAPTER 9: BOTANICAL GARDENS
CHAPTER 10: PUBLIC PARKS AND RECREATION FACILITIES
CHAPTER 11: CHILD CARE
CHAPTER 12: ANIMALS AND FOWLS
CHAPTER 13: STREETS, SIDEWALKS, MALLS, AND OTHER PUBLIC PLACES
CHAPTER 14: PUBLIC WORKS INFRASTRUCTURE
TITLE IV: TRAFFIC AND VEHICLES
CHAPTER 15: TRAFFIC AND VEHICLES
CHAPTER 15A: REGULATIONS OF VEHICLES
CHAPTER 15B: PUBLIC TRANSIT
TITLE V: BUILDING AND CONSTRUCTION CODES
CHAPTER 16: BUILDING CODE
CHAPTER 16A: HOUSING CODE
CHAPTER 16B: BUILDING ENERGY CONSERVATION CODE
CHAPTER 16C: BUILDING MANAGEMENT
CHAPTER 17: ELECTRICAL CODE
CHAPTER 18: FEES AND PERMITS FOR BUILDING, ELECTRICAL, PLUMBING, AND SIDEWALK CODES
CHAPTER 18A: GRADING, SOIL EROSION, AND SEDIMENT CONTROL
CHAPTER 19: PLUMBING CODE
CHAPTER 20: FIRE CODE OF THE CITY AND COUNTY OF HONOLULU
TITLE VI: LAND USE
CHAPTER 21: LAND USE ORDINANCE
CHAPTER 21A: FLOOD HAZARD AREAS
CHAPTER 22: SUBDIVISION OF LAND
CHAPTER 23: STATE LAND USE CLASSIFICATION
CHAPTER 24: DEVELOPMENT PLANS
CHAPTER 25: SPECIAL MANAGEMENT AREAS
CHAPTER 26: SHORELINE SETBACKS
CHAPTER 27: COMMUNITY FACILITIES DISTRICTS
CHAPTER 28: SPECIAL IMPROVEMENT DISTRICTS
CHAPTER 29: AFFORDABLE HOUSING REQUIREMENTS
CHAPTER 30: WATER MANAGEMENT
CHAPTER 31: COMMUNITY ECONOMIC DEVELOPMENT
CHAPTER 32: AFFORDABLE RENTAL HOUSING
CHAPTER 33: DEVELOPMENT AGREEMENTS
CHAPTER 33A: IMPACT FEES FOR TRAFFIC AND ROADWAY IMPROVEMENTS IN EWA
TITLE VII: BUSINESS
CHAPTER 34: REGULATION OF BUSINESSES
CHAPTER 35: INCENTIVES FOR BUSINESS TO CREATE NEW JOBS
CHAPTER 36: COMMON CARRIERS
TITLE VIII: PROPERTY
CHAPTER 37: REAL PROPERTY TRANSACTIONS INVOLVING THE CITY AND COUNTY OF HONOLULU
CHAPTER 38: LEASE AND RENTAL OF CITY REAL PROPERTY, INCLUDING FEES
CHAPTER 39: MAXIMUM ANNUAL RENEGOTIATED LEASE RENT
CHAPTER 40: OFFENSES RELATING TO PROPERTY
TITLE IX: PUBLIC HEALTH, SAFETY, AND SANITATION
CHAPTER 41: PUBLIC HEALTH AND SAFETY
CHAPTER 42: COLLECTION AND DISPOSAL OF REFUSE
CHAPTER 43: SEWERS, DRAINAGE, AND CESSPOOLS
PARALLEL REFERENCES
TABLES
§ 42-4.2 Disposal charges for businesses and federal, State, and city agencies.
(a)   Unit charges for disposal. For the receipt and disposal of refuse and other solid wastes delivered to disposal facilities by any business or any federal or State agency, the following unit charges shall apply:
 
Disposal Facility
Unit Charge
(per ton)
Unit Charge
(per cubic yard or fraction thereof)
H-POWER
$81
$25.25
Transfer stations
$110.60
$34.50
Landfills
$81
$25.25
Transshipment facilities
$81
$25.25
 
(b)   Minimum and special charges.
(1)   Minimum charges. The minimum charge per truckload shall be equal to the unit charge per cubic yard. The unit charge per cubic yard will be assessed only in the event of a breakdown or unavailability of weighing equipment at the disposal facility.
(2)   Special charges. All special charges will apply to businesses, and federal and State agencies.
(A)   Landfill. In addition to the unit charges established in this section, a charge per truckload for special wastes requiring special handling or arrangements by the city’s or operating contractor’s employees for proper disposal at landfills shall be imposed as follows:
 
Special Handling Charge
$84.25
 
(B)   H-POWER. In addition to the unit charges established in subsection (a), a per ton and a per hour charge for waste delivered to the H-POWER facility requiring special handling or arrangements by the H-POWER contractor’s employees shall be imposed as follows:
 
Disposal Area
Per Ton Charge
Special Handling Per Ton Charge
Minimum Load Charge
Auger bin
$540
$270
RDF storage floor
$440
$220
MSW storage floor
$320
$210
 
The charge per ton or minimum load charge, whichever is greater, shall be assessed against each business or agency served. In addition to this assessment, there shall be a per hour charge as specified below:
 
Per Hour Charge
Disposal Area
Special Handling Per Hour Charge
Auger bin
$250 per hour or fraction thereof
RDF storage floor
$25 per hour or fraction thereof per H-POWER contractor’s employee
MSW storage floor
$25 per hour or fraction thereof per H-POWER contractor’s employee
 
(c)   Discount for disposal of residue from recycling operations. The unit charges for disposal of residue from recycling operations shall be discounted to 75 percent of the unit charges for disposal set forth in subsection (a). For the purposes of this subsection, a “recycling operation” is a facility that recovers post-consumer waste materials for use in new consumer products. To be eligible for the discounted unit charges for disposal, the following conditions must be met:
(1)   The recycling operation shall recover at least 2,000 pounds of recyclable materials per month;
(2)   The recyclable material shall be shipped off-island, or the recyclable material shall be incorporated into a new consumer product directly by the recycling operation;
(3)   The residue shall be a maximum of 25 percent of the weight of the recyclable materials recovered;
(4)   The residue shall be a direct result of the recycling operation;
(5)   The residue shall not be commingled with other waste at delivery;
(6)   The residue shall not contain any recyclable material; and
(7)   The recycling operation shall be in compliance with all applicable permits and licenses required by the City and County of Honolulu, State of Hawaii, and the federal government; noncompliance will result in disqualification until compliance is resolved and certified.
Upon submission of a written request and supporting data from the recycling operation’s owner or the recycling operation’s owner’s designee, the director shall determine whether the recycling operation is eligible for the discounted unit charge for disposal. After such determination, the director shall either approve the application by proper endorsement or deny the application specifying in writing the cause or causes for such disapproval.
All vehicles used by the recycling operation to transport residue to disposal facilities shall be constructed so as to allow ready inspection of their load before disposal.
Disposal charges shall be charged directly to the recycling operation. The recycling operation’s owner or the recycling operation’s owner’s designee shall submit monthly reports to the director documenting types and quantities of the materials recycled and the residues resulting therefrom. If the director determines that the residue from the recycling operation does not meet the conditions for the discounted unit charge for disposal as set forth in this subsection, the director shall not apply the discount and shall not apply the discount until such time that the director determines that the applicable conditions for such discount have been met.
(d)   Exemption.
(1)   Any eleemosynary or charitable organization that has been determined by the Internal Revenue Service to qualify as a tax-exempt organization under § 501(c)(3) of the Internal Revenue Code and that recovers post-consumer waste materials for charitable use through a donated merchandise program, generating residue as a byproduct of its charitable function for disposal at a city disposal facility; and
(2)   Any one-day solid waste cleanup event or activity approved by the department of environmental services for the express, noncommercial benefit of the community that involves the collection of litter and other solid waste from noncommercial sources and that results in the disposal and recycling of that waste, shall be exempt from the disposal and special handling charges of subsections (a) and (b) and the fees of subsection (e). The residue generated from a donated merchandise program run by an eleemosynary or charitable organization, pursuant to subdivision (1), and waste collected through the event or activity described in subdivision (2), that are to be disposed of at any city disposal facility, shall be clearly marked as such residue or waste, as the case may be, and shall not be commingled with any other waste.
If an eleemosynary organization contracts with a private business to dispose of residue in compacted form or otherwise, the private business shall be initially charged the standard disposal fees for the disposal of the residue. The exemption to disposal fees shall be applied to the private business’s account after the eleemosynary organization submits a monthly report to the chief engineer documenting dates and numbers of loads of residue dispatched to the disposal sites.
(e)   In addition to the charges outlined in subsections (a) and (b), there shall be a surcharge of 12 percent on those charges. The 12 percent surcharge shall also be applied to the charge that the city pays for disposing of refuse and other solid wastes at the H-POWER facility. All charges collected in accordance with this subsection shall be deposited into the recycling account of the solid waste special fund established by § 6-49.1.
(f)   Surcharge for recovering State and federal fees. In addition to the disposal charges at municipal landfills, incinerators, and transfer stations delineated in this section, the department is authorized to impose a surcharge to recover the amount of any solid waste regulatory or permit fee imposed by the State or federal government together with any administrative cost to the city for imposing and collecting the fee.
(Sec. 9-4.2, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 9, Art. 4, § 9-4.2) (Am. Ords. 89-77, 91-66, 92-60, 92-111, 95-06, 95-39, 95-40, 96-58, 97-45, 99-32, 99-33, 00-27, 01-65, 02-32, 03-20, 04-07, 04-16, 10-2, 11-6, 11-25, 12-37, 16-4)