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Panel backs ban on new waste-disposal facilities above significant aquifers; calls for definitional clarity
Summary
The committee advanced HB969 (HD1) prohibiting construction, modification or expansion of waste or disposal facilities on land near or above a Department of Health‑designated significant aquifer, while asking for a statutory definition of 'significant aquifer.'
The House Committee on Judiciary & Hawaiian Affairs moved House Bill 969 (HD1) forward after testimony that highlighted both public‑health risks and practical regulatory questions. HB969 would prohibit constructing, modifying or expanding waste or disposal facilities on land near or above a ‘‘significant aquifer’’ as determined by the Department of Health.
Supporters included the Honolulu Board of Water Supply and community groups who told the committee a landfill sited above or near a drinking-water aquifer risks long‑term contamination through leachate. Testimony emphasized that even lined landfills and ash storage carry the risk of eventual leaks and that groundwater is a shared resource for communities and agriculture.
The Department of Health submitted written comments asking the Legislature to define “significant aquifer,” noting that different interpretations could in practice block nearly all landfill siting in the state. The department also observed that properly managed landfills protect public health by isolating wastes that would otherwise be disposed of improperly.
Other testimony covered related topics. Energy Justice Network urged the Legislature to ban reuse of incinerator ash in road fill and unlined sites; some industry representatives distinguished between bottom‑ash aggregate (proposed for some reuse projects) and fly ash, which typically has higher concentrations of hazardous constituents.
The committee agreed to technical amendments for clarity and to fold the landfill-unit list into the broader definition of “waste or disposal facility.” With those edits, the committee advanced the measure, though members recorded reservations about the downstream consequences for waste management and siting.
Votes at committee decision: the committee adopted amendments for clarity and advanced HB969 (HD1). The committee recorded reservations from some legislators, and the record reflects requests for a clear statutory definition of “significant aquifer.”
