Relating To Fugitive Dust Control.
If enacted, SB1252 will establish a framework for managing fugitive dust emissions by requiring owners of vacant undeveloped land to take responsible precautions to control dust discharge. This includes a mandate for these owners to submit periodic fugitive dust mitigation plans to the Department of Health, thereby providing the agency with a mechanism to enforce dust control measures. The bill aims to enhance environmental protection and public health by placing accountability on landowners, which is expected to lead to more proactive dust management practices.
Senate Bill 1252 aims to address the issue of fugitive dust emissions from vacant undeveloped lands in Hawaii. The bill recognizes the challenges posed by large dust storms arising from former agricultural lands that can damage the marine environment, harm public health, and contribute to the loss of precious topsoil. Currently, landowners are not required to have fugitive dust mitigation plans approved, and existing penalties do not adequately consider the scale of emissions, which creates an incentive for non-compliance.
The implementation of SB1252 may generate discussion among stakeholders, especially regarding the definition of 'reasonable precaution' and 'best practical operation or treatment' that landowners can employ. Potential concerns may arise over the burden placed on landowners, especially smaller property owners who may find compliance challenging. Moreover, the bill's provisions for penalties based on the scale of visible fugitive dust emissions may raise concerns regarding the fairness and feasibility of enforcement.