11-68
us-hi-regs-official-b869dc1cfc8e5faf895b459018c8de91554d43a7ef5843fa8df459778f87fdfa11-68Regulation
§11-68:-J §11-68~,2 ' § 11-6 g':./3 §11 :-68...:'4 §11-68-5 §11-68.-6 §11-68.-7 §11-68-,8 § 11-68;..:g §11-68-10 TITLE 11 DEPARTMENT OF HEALTH CHAPTER 68 LITTER CONTROL Purpose Definit1ons P-rohibJ'ted acts Responsibilities of owners and lessees of real property Responsibility to procure, place, service and maintain litter re~eptacles ., Minimum number of 1 i tt er r ecep t·ac i es r equ i·r ed Design and construction requirements Anti-litter symbol Penalties Severability Histor.ical Note: Chapter 68 of Title 11, Administra- tive Rules:,,:\ts based substantially on Public Health Regula- tions·c11.apter 51, Litter Control, Department of Health, StaS"e of Hawaii. [Eff. 12/30/78; R NOV 06 1981 ] §11-68-1 Purpose. This chapter seeks to reduce littering in Hawaii by: setting minimum requirements for the nui:nber of litter receptacles for various places of public use; establishing requirements for the design, con- struction.and maintenance of litter receptacles; determining the re,S.pons ibi 1 i ty of maintenance and procurement of 1 i tter receptacles; clarifying the prohibitions. on littering; and determining the responsibi,lity of owners and lessees of r~al pr-0perty t6 maintain frontage iQ a litter-free state. [Eff. :Nov 0 6 198( ] (Auth: HRS §339-2) ( Imp: HRS· §339-2) §11-6~-2 Definitions. As used in this chapter: "Depa~tment" means the department of health of the ~tate 6f Hawaii. "Director" means the director of the department of heal th .. : 1 lLitt,er" means all rubbish, refuse, waste material, garbage, trash, offal, or any debris of whatever kind or ~escription, whether or not it is of value, and includes i'tj'lp r ope :r 1 y jH s car de d pap e r , me t a 1 , p 1 as t i c , g 1 as s , or s o 1 i d wi(S te. •
§11-68-2 "Litter bag" means a bag, sack, or other container which is large enough to serve as a receptacle for litter. "Litter receptacle" means a covered plastic or metal container of no less than fifteen gallons and no more than thirty-five gallons capacity, or other appropriate container, made ava·ilable for the depositing of wastes. "Lookout" means any roadside area set aside for sceni·c viewing by the respective owner or governmental agency having jurisdiction. "Mobile food vendor" means a vehicle designed and constructed to transport food whether prepared within the vehicle or elsewhere, and from which food is sold to the general public for' imnediate consumption at a public place. "Other appropriate container" means any uncovered container lined with a receptacle liner which is regularly serviced; any container with a capacity of more than thirty- five gallons which is lined with a receptacle liner; or any other container approved in writing by the department. "Pedestrian exit" means any exit opening to a sidewalk, walkway, hall way, corridor, or other pede~trian passage. 11 Person 11 means any individual, partnership, firm, association, public or private corporation, the State or. any of its political subdivisions, trust estate or any other legal entity. "Public place 11 means any area that is used or held out for use by the public whether owned or operated by public or private interests. 11 Receptacle liner 11 means a leak-proof bag which is large enough to serve as an insert for a litter receptacle, can be sealed by tie wire or other means, and is strong enough to prevent breakage during servicing of the litter receptacle." 11 Shopping center 11 means a group of four or more contiguous stores that maintain a comnon parking lot for patrons of those stores. 11 Shopping mall 11 means an outdoor area for pedestrians which is closed to vehicular traffic and is surrounded by eight or more stores. 11 Store frontage 11 means that portion or side of a building on which the main entrance or main entrances are located. 11 Take-out restaurant 11 means a restaurant which features window service for take-out orders whether con- s um e d on o r o f f t he p r em i s e s . [ Ef f . NOV O 6 19 81 ] (Auth: HRS §339-2) (Imp: HRS §339-2) §11-68-3 Prohibited acts. Prohibited acts are set forth in section 339-4, HRS. [Eff. NOV O 6 1981 ] (Auth: HRS §§339-2, 339-4) (Imp: HRS §§339-2, 339-4) 68-2
§11-68-6 §11-68-4 Responsibilities of owners and lessees of real property. The responsibilities of owners and lessees of real property are set forth in section 339-5, HRS. [Eff. NOV O 6 1981 ] (Auth: HRS §§339-2, 339-5) (Imp: HRS §§339-2, 339-5) §11-68-5 Res onsibilit to rocure lace service and maintain litter receptacles. a Any person owning, operating, or having jurisdiction over any public place as specified in §11-68-6, shall procure, place, service, ·and maintain litter receptacles at their own expense on the premises in accordance with this chapter. Any person owning, operating, or having jurisdiction of a bus system shall procure, service, and maintain litter receptacles required at bus stops. For school bus loading zones located at schools, the person owning, operating, or having jurisdiction over the school shall procure, service, and maintain litter receptacles at the loading zones. (b) The specific placement of litter receptacles within the area deemed to require such receptacles shall be left to the discretion of the owner or operator of the public place provided that such litter receptacles do not constitute a hazard or impede the traffic of pedestrians or vehicles. (c) A litter receptacle shall be deemed properly serviced as long as litter may be deposited in the litter receptacle without overflow, no disagreeable odor is generated by the contents of said receptacle, and the area surrounding the receptacles is kept litter-free. (d) Litter receptacles shall be maintained in a condition sufficient to allow their proper usage, and shall be kept in a sightly condition. [Eff. NOV o 6 1981] (Auth: HRS §§339-2, 339-6) (Imp: HRS §§339-2, 339-6) §11-68-6 Minimum number of litter receptacles required. (a) All official nus stops, beach stops, bus shelters, and major transfer points designated by the respective county agency having jurisdiction shall each have a minimum of one litter receptacle. (b) Take-out restaurants shall have not less than two litter receptacles plus one litter receptacle for every service window. Parking lots at take-out restaurants shall conform to the requirements of outdoor parking lots in part (i) of this section. _ (c) Drive-in theatres shall have two litter recep- tacles per exit. These litter receptacles shall be placed as to be easily accesslble to exiting motorists. (d) Fairgrounds and sites for carnicals, festivals, circuses, shows, concerts, or events of any kind to which the public is invited shall have one litter receptacle 68-3
§11-68-6 at the entrance to each ride, one litter receptacle at each booth dispensing food or drinks, one litter receptacle at the end of each walk through exhibit building or tent, and two litter receptacles at each exit of the event site. (e) Gasoline service stations shall have one litter receptacle for each gasoline pump island block. An un- covered container of not less than fifteen gallons and not more than thirty-five gallons capacity which is not lined with a receptacle liner is permissible, provided that it is used prim&rily for service island ~efuse. (f) Boat fueling docks shall have one ·litter recep- tacle at each such area. (g) Lookouts along public highways shall each have a minimum of one litter receptacle for the first one hundred feet plus one litter receptacle for each additional fifty feet or portion thereof of restraining wall or fence. These must be easily accessible and visible to the motorist. (h) Mobile food vendors shall each have one litter receptacle for use by its patrons. \ (i) Outdoor parking lots shall each have one litter receptacle for the first fifty stalls, and one litter receptacle for every additional two hundred stalls or portion thereof. This requirement shall not apply to employee parking lots, parking lots with less than 10 parking stalls, and other parking lots that are not held out for public use. J (j) Parking structures shall each have one litter receptacle at each stairway, elevator, and other pedestrian exit per floor. If the stairway, elevator, or other pedestrian exit are located within fifty feet of each other, one lftter receptacle shall meet the requirements of this section. (k) Parks, playgrounds and beaches. (1) One litter receptacle in every pavillion. (2) One litter receptacle outside each restroom structure. (3) One litter receptacle per picnic area. (4) One litter receptacle for every two outdoor basketball, volleyball, or tennis courts, or combination thereof. (5) One litter receptacle per 120 bleacher-type seats or one litter receptacle per bleacher section whichever requires the lesser number of litter receptacles. (6) One litter receptacle per each softball or baseball backstop. (7) One litter receptacle outside each major entrance to a gymnasium or swimning pool area. 68-4
§11-68-8 (1) Public school athletic areas shall conform to the requirements of §ll-68-6(k) above, public school parking lots shall conform to the requirements of §ll-68-6(i) above, and public school bus loading zones located at public schools shall each have one litter receptacle. (m) Shopping centers and shopping malls shall each have one receptacle for every two hundred feet or fraction thereof of store frontage. Shopping center parking lots shall conform to the requirements of §ll-68-6(i). [Eff. NOV O 6 1981 ] (Auth: HRS §§339-2, 339-6) (Imp: HRS §§339-2, 339-6) §11-68-7 Design and construction requirements. (a) Litter receptacles shall be constructed of metal or other material of sufficient stiength to reasonably resist corrosion and acts of vandalism. (b) A litter receptacle shall have a cover unless the litter receptacle is lined with a receptacle.liner which is regularly removed and replaced. A cover means that por- tion of the container above the useful capacity of the container used to protect the contents from the effects of wind, rain, and other transport agents, which encloses at least two sides and the top of the container or the equivalent thereof. (c) The department encourages the use of the offi- c i a 1 ant i - 1 i t t er s ymb o 1 on a v i/s i b 1 e par t of the 1 i t t er receptacle. The symbol shall not be distorted and shall not be incorporated into a corrrnercial advertisement on the litter receptacle. The symbol may be of one color that is appropriate to the design of the litter receptacle. (d) Litter receptacles shall conform to all appli- cable laws, ordinances, and regulations pertaining to public heal th and safety. [Ef f. NOV O 6 1981 ] ( Au th : HRS § 3 3 9 - 2 ) ( Imp : HRS § § 3 3 9 - 2 , 3 3 9 - 6 ) §11-68-8 Anti-litter symbol. (a) The official State anti-litter symbol shall be as depicted in the exhibit entitled "Official State Anti-Litter Symbol 11 dated November 15, 1978 located at the end of this chapter. (b) The symbol shall be placed with the letter "S" located at the base. (c) The official colors of the symbol shall conform to the following specifications: (1) The background shall be whi.te. (2) The lettering, leaves, and branches shall be colored green conforming with federal color standard number 595a, color number 14090. 68-5
§11-68-8 (3) The hand shall be colored brown conforming with federal color stand~rd number 595a, color numb e r 1 0 0 7 5 . [ E f f . NOV O6 19 81 ] ( Au th: HRS § § 3 3 9 - 2 , 3 3 9- 3) ( Imp: HRS § § 3 3 9- 2 , 3 3 9-.3) §11-68-9 Penalties. The penalties for violating any .provision of this chapter are set forth in Section 339-8 Hawaii Revised Statutes. [Eff. NOV 06 1981 ] ( Au th: HRS § 3 3 9- 2) ( Imp: HRS § 3 3 9- 2) ' §11-68-10 Severability. If any provisions of this chapter; or the application of any provisi6n of this chapter to any person or circumstances, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this chapter shall not be affected thereby. [Eff. NOV O 6 1981 ] (Auth: HRS §339-2) (Imp: HRS §339-2) 68-6
Exhibit Title 11, Chapter 68, Litter Control "Official State Anti-Litter Symbol" 68-7
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