SB446 would tighten Hawaii’s landfill siting and waste-disposal rules to better protect groundwater and aquifers, especially on Oahu. The bill amends the state’s landfill prohibition and buffer-zone statute to bar construction, modification, or expansion of landfill units mauka of the underground injection control line unless a buffer zone of at least one-quarter mile is established around the landfill unit. It also clarifies that the buffer-zone rule applies to landfill units and their components, while allowing existing properly permitted landfill operations to continue so long as they do not expand in a way that triggers additional permitting review.
The bill also adds a new restriction on ash from municipal waste combustors. It would prohibit the use of fly ash, bottom ash, or combined ash residue for road building, construction, or as alternative daily cover at landfills, and require that such ash be disposed of only in a double-lined, duly licensed municipal solid waste or hazardous waste landfill. The measure is framed as a response to concerns about aquifer contamination, citing the Red Hill spill and the proposed Wahiawa landfill site as examples of why stronger protections are needed.
Impact
SB446 would amend section 342H-52, Hawaii Revised Statutes, by narrowing and strengthening landfill buffer-zone requirements for landfill units located mauka of the underground injection control line and by expanding the statute to expressly cover municipal solid waste and construction and demolition landfill units. It would also remove prior language excluding certain redemption centers from the definition of waste or disposal facility for this section. In addition, it would create a new disposal rule for municipal waste combustor ash, limiting its reuse and directing it to lined, licensed landfills. The bill would therefore affect landfill operators, counties, the State, and any federal agency involved in landfill construction or modification, as well as entities handling incinerator ash and related waste materials.
Sentiment
The available voting record suggests generally favorable sentiment toward the bill in committee. It passed the Senate Health and Human Services Committee unanimously and later passed the Senate Ways and Means Committee by a wide margin, both with amendments. The bill’s findings and title indicate a strong environmental and public-health rationale, centered on protecting drinking water sources and aquifers. No committee transcript excerpts were provided, so the record reflects support in votes rather than detailed debate.
Contention
The main points of contention appear to be the landfill siting restrictions and the ash-disposal limitations. Supporters are likely focused on protecting aquifers, groundwater, and public health, especially in light of the Red Hill contamination incident and concerns about a proposed landfill over the Wahiawa aquifer. Potential opponents would include county waste managers, landfill developers, and possibly construction or waste-disposal interests that may view the one-quarter-mile buffer and ash disposal restrictions as limiting available landfill sites, increasing costs, or reducing reuse options for ash in road building and construction. The bill’s delayed effective date of December 31, 2050 may also reflect unresolved policy or implementation concerns, though no transcript is available to confirm that.