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~ CITY COUNCIL ORDINANCE <br /> <br /> '~.,efe,..j ~ CITV AND COUNTY OF HONOLULU BILL 49 ~2004~ CD1 FD2 <br /> HONOLULU, HAWAII <br /> DDC 9/21/04 <br /> A BILL FOR AN ORDINANCE <br /> (ix) Shall not include a telecommunications provider only to the <br /> extent determined by the public utilities commission of the <br /> State of Hawaii, pursuant to applicable state law. <br /> (x) Shall not include any person who controls, operates, or <br /> manages plants or facilities developed pursuant to <br /> applicable state law for conveying, distributing, and <br /> transmitting water for irrigation and such other purposes that <br /> shall be held for public use and purpose; and <br /> (xi) Shall not include any person who owns, controls, operates, <br /> or manages plants or facilities for the reclamation of <br /> wastewater; provided that: <br /> (aa) The services of the facility shall be provided pursuant <br /> to a service contract between the person and a state <br /> or county agency and at least 10 percent of the <br /> wastewater processed is used directly by the state or <br /> county which has entered into the service contract; <br /> (bb) The primary function of the facility shall be the <br /> processing of secondary treated wastewater that has <br /> been produced by a municipal wastewater treatment <br /> facility that is owned by a state or county agency; <br /> (cc) The facility shall not make sales of water to residential <br /> customers; <br /> (dd) The facility may distribute and sell recycled or <br /> reclaimed water to entities not covered by a state or <br /> county service contract; provided that, in the absence <br /> of regulatory oversight and direct competition, the <br /> distribution and sale of recycled or reclaimed water <br /> shall be voluntary and its pricing fair and reasonable. <br /> For purposes of this sub-paragraph xi, "recycled <br /> water" and "reclaimed water" mean treated <br /> wastewater that by design is intended or used for a <br /> beneficial purpose; and <br /> (ee) The facility shall not be engaged, either directly or <br /> indirectly, in the processing of food wastes. <br /> 5 <br /> <br />