Definitions for solid waste and environmental rules

As used in this chapter: “Abandoned vehicle” means a vehicle that is unlawfully parked and left unattended for a continuous period of more than twenty-four hours on any public highway, public property, or private roads that are located within any ungated subdivision, where roads are open to and used by members of the public. “Business” means any commercial enterprise or establishment, including sole proprietorships, joint ventures, partnerships, firms and corporations, or any other legal entity, and includes any independent contractors associated with the business. “Commission” means the environmental management commission of the County. “Compostable” means all materials in the product or package will break down, or otherwise become part of usable compost (e.g., soil-conditioning material, mulch) in a municipal or industrial composting facility. Compostable disposable food service ware includes ASTM-standard paper/fiber and bio-plastics (plastic-like) products that are clearly labeled either on individual food service ware or packaging for food service ware so that any compost collector and processor can easily distinguish the ASTM-standard compostable material from non-ASTM standard compostable material. Required certification of compostable food service ware shall be done by independent third-party organization Biodegradable Products Institute or similar ASTM recognized certifier. 20-1 SUPP. 9 (1-2021) “County facility” means any building, structure, or vehicle owned and operated by the County, its agents, agencies, and departments and includes County buildings, structures, parks, recreation facilities, or property. “County facility users” means all persons, societies, associations, organizations, or special event promoters who require a permit to reserve or rent a County facility or a permit or contract to use a sidewalk or roadway. County facility users also include concession contracts with the County, County managed concessions, County sponsored events and food services provided at County expense. “Customer” means a person obtaining prepared food from a food provider. “Department” means the department of environmental management. “Derelict vehicle” means the definition in chapter 290-8, Hawai‘i Revised Statutes. “Director” means the director of the department of environmental management, or the director’s authorized representative. “Disposable food service ware” means disposable food containers that are commonly disposed of after a single use, that are used, or are intended to be used, to serve or transport prepared, ready-to-consume food or beverages. This includes, but is not limited to, cups, bowls, plates, or clamshell containers that are provided by a food vendor for takeout foods and beverages and/or leftovers from partially consumed meals, and excludes straws, cup lids, utensils, food-related bags and wrappers, packaging for unprepared food, and pre-packaged or pre-sealed items such as bread, cookies, milk, juice, snacks, candy, nuts, fruits, vegetables, or other items typically sold in a grocery store or a food manufacturer’s retail location. “Food packaging” means all food-related wrappings, bags, boxes, containers, bowls, plates, trays, cartons, cups, lids, or drinking utensils, in which food or beverage is placed or packaged on the food provider’s premises, and which are not intended for reuse. Food packaging does not include forks, spoons, knives, straws, stirrers, or single- service condiment packages. “Food providers” means any vendor, business, organization, nonprofit entity, group, or individual operating in the County which provides prepared food for public consumption on or off its premises and includes without limitation any store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, caterer, catering truck or vehicle; and any organization, group or individual which provides food in conjunction with services. “Integrated solid waste management” (ISWM) means environmentally and economically sound, systematic approach to solid waste handling that combines source reduction, reuse, recycling, composting, energy recovery, collection, transfer, transport and disposal in sanitary landfills, or other solid waste disposal and processing facilities in order to conserve and recover resources and dispose of solid waste in a manner that protects human health and the environment. “Materials” means solid waste, recyclables, reusable materials, household hazardous waste, greenwaste, or similar items managed by SWD. SUPP. 9 (1-2021) 20-2 INTEGRATED SOLID WASTE MANAGEMENT § 20-01-03 “Plastic checkout bag” means a carryout bag that is provided by a business to a customer for the purpose of transporting groceries or other retail goods, and that is made from non-compostable or compostable plastic and not specifically designed and manufactured for multiple re-use. “Polystyrene foam,” sometimes referred to as “Styrofoam,” a Dow Chemical Company trademarked product, means a thermoplastic petrochemical material utilizing the styrene monomer, which may be marked with resin symbol #6, processed by any number of techniques including, but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). In food service, polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons intended for a single use. Polystyrene foam does not include solid hard polystyrene. “Prepared food” means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared for consumption by a retail consumer on the premises of a food provider, including, but not limited to, beverages, ready to eat, and takeout food. Prepared food does not include raw: eggs; butchered meats; fish; and/or poultry unless provided for consumption without further food preparation or heating. For example, sashimi and poke shall be considered to be prepared food. This also does not include pre-packaged or pre-sealed items such as breads, cookies, milk, juice, snacks, candy, nuts, fruits, vegetables, or other items typically sold in a grocery store or a food manufacturer’s retail location. “Private road” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, including private roads open to the public. “Prohibited materials” include, but are not limited to, paint thinner or solvents; oil based paint; engine oil, antifreeze or lead acid batteries; pesticides, poisons; household cleaner; contaminated soil; untreated medical waste; propane, compressed gas cylinders; diesel, gasoline or alcohol; liquids or sludges in containers one gallon or larger unless mixed with a bulking agent so that it solidifies; and hazardous wastes as defined in 40 Code of Federal Regulations parts 257, 258 and 261 or the State’s statutes or rules, whichever is more stringent. “Public highway” means all roads, highways, alleys, streets, ways, lanes, bikeways, and bridges open to the use of the public for purposes of vehicular travel that is acquired or built by the government. “Public property” means all real property owned by the County, State, or the Federal government. “Recyclable” means material that has reached the end of its current use and may be processed into material utilized in the production of new products. “Sanitary landfill” means engineered solid waste disposal method in accordance with State and federal laws which are designed and operated to protect human health and the environment by establishing requirements with respect to location, operation, design, ground water monitoring, corrective action, closure and post-closure, and financial assurance. 20-3 SUPP. 9 (1-2021) “Solid waste” means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from residential habitation; industrial, commercial, mining, and agricultural operations; and community activities. “Solid waste management” means planned and organized handling of solid waste and recyclable materials in an environmentally and economically sound manner, encompassing the generation, storage, collection, transfer, transportation, processing, resource recovery, reuse, and disposal of solid waste and recyclable materials and including all administrative, financial, educational, environmental, legal, planning, marketing and operational aspects thereof. “State” means the State of Hawai‘i. “SWD” means the Solid Waste Division of the Department of Environmental Management. “SWD facility” means a County facility for the management of materials the County is legally permitted to accept pursuant to State law. (2020, ord 20-86, sec 3.) 20-01-03 Article 2. Administration and Enforcement. Division 1. Administration.