HomeMy WebLinkAboutBIL 216 Draft 02 2018-2020 Hawaii County Council-2 December 23,2020
Bill 216: AN ORDINANCE RELATING TO WASTEWATER MANAGEMENT IN THE
(Draft 2) COUNTY OF HAWAII, THAT AMENDS THE FOLLOWING PROVISIONS
(2018-2020) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED):
1) CHAPTER 2, ARTICLE 40 (DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT);
2) CHAPTER 21, (SEWERS-RENAMED "WASTEWATER
MANAGEMENT")
Reorganizes and restructures provisions of the Hawai`i County Code that apply to
the Department of Environmental Management, updates certain provisions to
remove the enforcement and penalties from Chapter 2 to Chapter 21, and renames
Chapter 21 to Wastewater Management.
Reference: Comm. 1119.4
Intr. by: Mr. Richards
Postponed: November 6, 2020
First Reading: November 18, 2020
POSTPONED TO THE CALL OF THE CHAIR:
Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
Page 15
V OF It
COUNTY OF HAWAII STATE OF HAWAVI
BILL NO. 216
(DRAFT 2)
ORDINANCE NO.
AN ORDINANCE RELATING TO WASTEWATER MANAGEMENT IN THE COUNTY
OF HAWAII, THAT AMENDS THE FOLLOWING PROVISIONS OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED):
1) CHAPTERS 2,ARTICLE 40 (DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT);
2) CHAPTER 21 (SEWERS - RENAMED "WASTEWATER MANAGEMENT").
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 21 of the Hawaii County Code 1983 (2016 Edition, as amended) is
amended to read as follows:
"CHAPTER 21
[SEWERS] WASTEWATER MANAGEMENT
Article 1. General Provisions.
Section [21-1-.]21-01-01. [Intent of eh ]Title and purpose.
[it is the intention of the sewef eede to regulate the use of all publie sewefs. A f4thef inte
of this eade is to fix the Fa4es of installing latefal and sefviee ehafge an lots fiffnished with sewe.f
sefviee.]
(a) The provisions of this chapter, inclusive of any amendments, shall be known as the
wastewater management code-
(b) The purpose of this chapter is to manage the collection, treatment, disposal, and recycling
of wastewater to protect public health and the environment.
Section 21-01-02. Severability.
If any portion of this chapter, or its application to any person or circumstance, shall be held
unconstitutional or invalid because it violates any provision of the County Charter or for any
other reason, the remainder of the chapter and the application of such portion to other persons o
circumstances shall not be affected thereby.
Section [24--2-.]21-01-03. Definitions.
As used in this chapter, unless the context specifically indicates otherwise:
"Accessible to a sewer" means having a sanitary sewer with laterals available to the lot.
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[GGA n D (bioehernieal oxygen llo,-,.,.,nd)L] "Biochemical oxygen demand" means the
quantity of oxygen utilized in the biochemical oxidation of organic matter under standard
laboratory procedure in five days at twenty degrees centigrade, expressed in milligrams per liter
by weight.
["Building or-hause
sewer"means that peftion of the sewer line exteridirig from a building
to the public sewer- .ate disposal system.]
"Cesspool" means an individual wastewater system consisting of an excavation in the
ground whose depth is greater than its widest surface dimension, which receives untreated
wastewater and retains the organic matter and solids discharging therein, but permits the liquid to
seep through the bottom or sides to gain access to the underground formation.
"Commission" means the environmental management commission of the County.
"Connection" means an opening in the public sewer to which the [building ] ray
lateral may be connected.
"Department"means the department of environmental mana ement.
"Director" means the director of the department of environmental management, or the
director's authorized representative.
["EquivalepA
99 means the ealettlated population whieh would normally
eantribute the same amount of suspended solids, bioehemieal o��,gen dernand or volurne of fle
per day as the daily wastes disehafged by an industrial or eommefeial establishment, 1-41
standard basis pourids of suspended solids of bioehefnieal &cygen demand and one litindred
gallons per pita per day-.]
"Extension" means the continuation of an existing public sewer through public or private
property not owned, in whole or in part, by the applicant or owner of the particular property or
subdivision to be served.
"Gang cesspool" means a cesspool designed to accept sewage from two or more sources.
["Garbage"
means solid wastes from the eeeking and dispensing of food a
preparation,
handling,from the
storage and sale of produee.
GG shredded"
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rnearts food wastes that have been Properly shredded to
a degree tha4 all paftieles will be eaffied freely trader nerrnal flow eeriditions in publie .]
"Grease" means any material which is extractable from an acidified sample of a waste by
hexane or other designated solvent and as determined by the appropriate procedure in Standard
Methods. (Includes fats and oils.)
["Grease
traps"
7 rneans a p.-11.1-1'......I deviee designed and installed to separate
fats, oils,
and grease frorn wastewater.]
"Industrial wastes"means the liquid wastes from industrial processes.
"Infiltration" means water other than wastewater that enters a sewer system (including
sewer service connections and foundation drains) from the ground through such means as
defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is
distinguished from inflow.
"Inflow" means water other than wastewater that enters a sewer system (including sewer
service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard
drains, area drains, drains from springs and swampy areas, manhole covers, cross connections
between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface
runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from
infiltration.
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"Lateral"means a side sewer from a public [' faneh of tn^ „] sewer to the property line to
serve one or more lots.
"Main"means a sewer to which several laterals or other branch sewer lines are connected.
"Natural outlet" means any natural outlet into a watercourse, pond, ditch, lake or other
body of surface or ground water.
"pH" means the logarithm of the reciprocal of the weight of hydrogen ion in grams per liter
of solution.
"Population equivalent" means the calculated population which would normally contribute
the same amount of suspended solids, biochemical oxygen demand or volume of flow per day as
the daily wastes discharged by an industrial or commercial establishment, using as standard basis
pounds of suspended solids or biochemical oxygen demand and one hundredalg lons per capita
per day.
"Property lateral"means that portion of the sewer line extending from a building to the
public sewer.
"Public sewer"means a sewer system, including a cesspool and a gang cesspool system,
controlled by the County.
"Sanitary sewer"means a sewer which carries sewage and to which storm and surface
waters and drainage are not intentionally admitted.
"Septage hauler" means an individual or business registered with the State department of
health to engage in the pumping and hauling of wastewater or wastewater sludge, or both, from a
septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar
treatment/disposal system or collection system that receives wastewater.
"Sewage"means a combination of the water-carried wastes from residences, business
buildings, institutions and industrial establishments.
["Sewage treatment plant"
treating sem]
"Sewage works," "sewer system," or"sewer,"means all public facilities for collecting,
pumping, treating and disposing of sewage.
"Subdivision"means a division of a piece of property into two or more lots.
"Suspended solids"means solids that are in suspension in sewage or waste waters, and
which are removable by laboratory filtering.
"Tenant (s)"mean person(s) under oral or written contract with the owner oragent to
temporarily occupy premises.
"Unoccupied unit" means a unit that is not occupied but has accessibility to a sewer,
plumbing fixtures located on it, and currently receives a water bill.
"Wastewater" means any liquid waste, whether treated or not, and whether animal, mineral,
or vegetable, including agricultural, industrial, and thermal wastes.
"Wastewater division"means a division within the department.
"Wastewater sludge" means any solid, semi-solid, or liquid residue removed during
treatment of municipal wastewater or domestic sewage. Includes, but is not limited to, solids
removed during primary, secondary, or advanced wastewater treatment, scum, portable toilet
pumping, Type III marine sanitation device.
"Wastewater treatment facility"means any arrangement of devices and structures used for
treatingsewage.
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Article 2. Administration and Enforcement.
Division 1. Administration.
Section 21-02-01. Jurisdiction.
Unless otherwise provided for by law, the department shall have jurisdiction over and
administer all matters covered by this chapter.
Section 21-02-02. Adoption of rules.
The department may adopt rules pursuant to chapter 91, Hawaii Revised Statutes,
necessary for the purposes of this chapter.
Division 2. Enforcement.
Section 21-02-21. General provisions.
Failure to comply with any provision of this chapter, or any rule adopted pursuant to this
chapter, or with conditions imposed as part of any permit issued pursuant to this chapter, shall
constitute a violation of this chapter.
Section 21-02-22. Administrative enforcement.
(a) If the director determines that any person has violated or is violating any provision of this
chapter or department rules, the director shall serve a notice of violation and order upon the
parties responsible for the violation, which shall include the following:
(l) Date of the notice,
(2) Name and address of the person noticed;
(3) Section number of the code or rule which has been violated;
(4) Date, time, location, and nature of the violation;
(5) Deadline to correct the violation;
(6) To pay a civil fine not to exceed $1,000 in the manner, place and deadline specified in
the order;
(7) To pay a civil fine not to exceed $1,000 per day for each day in which the violation
persists, in the manner, time, place and deadline specified in the order;
(8) Any other consequence as determined by the director, including but not limited to,
suspension or revocation of a permit; and
(9) The order shall advise the party responsible for the violation that the order shall
become final thirty calendar days after the date of its delivery. The order shall also
advise that the party responsible maw request a meeting with the director prior to the
end of the thirty calendar days and that the director's final written decision may be
appealed to the commission within fifteen calendar days from the date of the
director's final written decision.
(b) Service.
Proper service of such notice of violation and order shall be by personal service, registered
mail, or certified mail upon the responsible party or parties, provided, that if such notice of
violation and order is by registered mail or certified mail, the designated period within
which the responsible party or parties is required to comply with the order shall begin as of
the date the responsible party or parties in charge receives such notice.
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(c) Effect of order; right to appeal.
The provisions of the order issued by the director under this section shall become final
thirty calendar days after the date of the delivery of the order, unless appealed. The party
or parties responsible for the violation may request a meeting with the director,prior to the
end of the thirty calendar daffy final written decision by the director may be appealed
to the commission within fifteen days from the date of the final written decision. However,
an appeal to the commission shall not stay any provision of the order.
(d) Judicial enforcement of order.
The director may institute a civil action in any court of competent jurisdiction for the
enforcement of any notice of violation and order issued pursuant to this section, including
seeking a temporary,preliminary or permanent injunction. Where a civil action has been
instituted to enforce the civil fine imposed by an order, the director need only show that the
notice of violation and order was served, that a civil fine was imposed, the amount of the
civil fine imposed, and that the fine imposed has not been appealed in a timely manner nor
paid.
Section 21-02-23. Criminal Enforcement.
Any person convicted of violating any of the provisions of this chapter shall be guilty of a
petty misdemeanor and shall be punished by a fine not to exceed $1,000 and/or imprisonment up
to thirty days and shall be adjudged to pay all costs of the proceedings. The continuance of any
such violation after conviction shall be deemed a new offense for each day of such continuance.
Article 3. Public Sewers.
Section [24-x]21-03-01. Tampering with public sewers.
A written permit from the director shall be required for any person to:
(1) Obstruct or otherwise make inaccessible any portion of the public sewer;
(2) Uncover or molest in any way, any public sewer; or
(3) [Throw]Deposit anything into any sewer manhole.
Section [21--4.]21-03-02. Sealing disconnected sewers.
No person shall remove or demolish any building or structure with plumbing fixtures
connected directly or indirectly with the public sewer without first notifying the director of such
intention. All openings in the sewer line caused by the removal of any building or structures shall
be sealed in such a manner as to prevent earth, debris, rain, surface, storm or other water from
entering the public sewer system.
[Ar-tiele 2. Publie Sei ,ers.]
Section [21-5.]21-03-03. Connection to sewer required.
(a) Owners of all dwellings, buildings, or properties used for human occupancy, employment,
recreation, or other purposes, which are accessible to a sewer are required at their expense
to connect directly with the public sewer within one hundred eighty days after date of
official notice.
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(b) If, due to rock, wastewater collection system depth, or other construction problems, a
building cannot be practically served, the owner shall install, operate and maintain a
residential pumping station.
(c) [The difeeter-may gfant a var-ianee/exemption of the f6fegoing eafffleetion F-equifenients
ownefs of single family dwellings exisfing at the time of installation of the publie
wastewatef system, if the following is found:
(1) Thefe afe speeial of untisual eir-eumstanees applying to the subjeet f!eal pfoper-ty
whieh exist tha4 fendef the ability to eanneet to a wastewatef sYstem an extfeffle
physieal of finarteial hardship; and
(2)Thefe are no athef feasonable alter-iiatives; and
(3) The va taiiee is eansistent with the general putpose of the ehaptef and will not be
malefially detrimental to publie health, sal+aty, of ole a_]
[(.d)] To obtain a time extension under the provisions of subsection (a) of this section, owners
must file a written request to the connection requirement before the expiration of the
aforesaid one hundred eighty days. The written request shall document the need for the
time extension and the requested amount of time.
[(e)]�QTime extensions granted pursuant to subsection [(d)]0 of this section shall be for a
period not to exceed two years.
[(O]L�An appeal from the decision of the director in subsection (c) [of- d)] may be filed with
the [erivifonmentai maiiagem ] commission within thirty days of receipt of the decision.
A person is aggrieved by a decision of the director if:
(1) The person has an interest in the subject matter of the decision that is so directly and
immediately affected, that the person's interest is clearly distinguishable from that of
the general public; and
(2) The person is or will be adversely affected by the decision.
An appeal shall be in writing, in the form prescribed by the [effi,if!opiiiiental Managem
commission, and shall specify the person's interest in the subject matter of the appeal and
the grounds of the appeal. Any such appeal shall be accompanied by a filing fee of$50.
The person appealing a decision of the director shall provide a copy of the appeal to the
director and to the owners of the affected property and shall provide the [environmental
management] commission with the proof of service.
The appellant, the owners of the affected property, and the director shall be parties to
an appeal. Other persons may be admitted as parties to an appeal, as permitted by the
environmental management commission.
The director and the environmental management commission shall adopt rules to
implement this section.
Section [24-6:]21-03-04. Subdivisions.
Where public sewer service is accessible to any subdivision, the subdivider shall install all
necessary sewage works to serve all lots. All new sewers and connections shall be properly
designed and connected. [For afeas platifted faf sewers igen ten years aftef May 2989,
developefs afe feqttifed to install intefeepter, household, and ealleetion se-—, e�—if they will
not be used until the afea is sewefedd.] Where public sewers are not accessible or dry sewers
planned, the requirements or interim requirements for proper disposal of sanitary sewage for the
subdivision shall be determined by the State department of health [and the dile
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Section [24--7-.121-03-05. Industrial wastes of unusual strength.
(a) The County may accept into its public sewer system, an industrial waste of unusual
volume, strength or character under a special agreement or arrangement between the
County and the industrial concern, subject to payment of appropriate charges agreeable to
both parties. The contributing person shall pay a proportionate share of the construction
costs or sewer service charge based on the ratio of[equivalent] population equivalent to
normal design population.
(b) Where sewers, pumping stations, force main or outfall are to be provided, the [equivalent]
population ee uivalent of the wastes shall be computed on the basis of the volume of the
industrial wastes. Where primary treatment facilities are to be provided the [equivalent]
population equivalent of the wastes shall be computed on the basis of the suspended solids
of the industrial wastes. Where secondary treatment facilities are to be provided, the
[equivalent] population equivalent of the wastes shall be related to the suspended solids as
above or to the biochemical oxygen demand of the industrial wastes, whichever is greater.
(c) Fats and greases shall not be discharged to the sewer system if their concentration and
physical dispersion results in separation and adherence to sewer structures and
appurtenances. If there is evidence of adherence of such materials to said structures, or if
such materials cause blockage in the sewer system, then the wastewater carrying such
materials must be effectively pretreated by a process or device to effect removal from the
flow before its discharge to the sewer system.
(d) Where preliminary treatment is deemed necessary by the director to render any water or
wastes acceptable for discharge into the public sewage works, suitable preliminary
treatment facilities shall be provided by the owner and maintained continuously in
satisfactory and effective operation at [hi-s]the owner's expense. In the maintaining of those
interceptors, the owner shall be responsible for the proper removal and disposal by
appropriate means of the captured materials and shall maintain records of the dates,
amounts, and means of disposal which are subject to review by the director. Grease, oil,
sand and dirt interceptors, screening devices, facilities for pH adjustment, and other
necessary preliminary treatment facilities shall be of a type and capacity as approved by the
director.
(e) When the standards of the director for requiring pretreatment are less stringent than those
promulgated by the U.S. Environmental Protection Agency, the standards of the U.S.
Environmental Protection Agency will be those used for waste flows being discharged into
wastewater treatment facilities.
Section [2474-.121-03-06. Drainage of storm water and unpolluted water into sewers.
No person shall discharge or cause to be discharged, directly or indirectly, any storm water,
surface water, ground water, roof runoff, subsurface drainage, cooling water, swimming pool
water or other unpolluted drainage into any public sewer.
Section [21-9.]21-03-07. Prohibited wastes.
Except as hereinafter provided in this chapter, no person shall, directly or indirectly,
discharge or cause to be discharged into a public sewer any of the following:
(1) Any liquid or vapor having a temperature higher than one hundred fifty degrees
Fahrenheit;
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(2) Any water or waste which may contain more than one hundred parts per million, by
weight, of fat, oil or grease;
(3) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid
or gas;
(4) Any [garbage that has not been properly .,4edde,a;] food wastes that have not been
properly shredded to such a degree that all particles will be carried freely under
normal flow conditions in public sewers.
(5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar,
plastics, wood, paunch manure or any other solid or viscous substance capable of
causing obstruction to the flow in sewers or other interference with the proper
operation of the sewage works;
(6) Any water or wastes having pH lower than 5.5 or having any other corrosive property
capable of causing damage or hazard to structures, equipment and personnel of the
sewage works;
(7) Any water or wastes containing a toxic or poisonous substance in sufficient quantity
to injure or interfere with any sewage treatment process, constitute a hazard to
humans or animals, or create any hazard in the receiving waters;
(8) Any noxious or malodorous gas or explosive liquids or substance capable of
endangering public property and safety, or creating a public nuisance; or
(9) Other restrictions as provided in accordance with regulations or requirements of the
State department of health or the U. S. Environmental Protection Agency.
Section [20:]21-03-08. Volume and rate of discharge; additional flow beyond capacity.
The director may prohibit admission into the public sewers of any additional volume of
water or wastes, wherever and to the extent that the existing sewage works of the County shall
not be capable of receiving and disposing of the same, together with the normal sewage flow of
that tributary area.
Article [3.]4. Sewage Works and Connections.
Division 1. General Provisions.
Section [21 11.]21-04-01. Disposal of sewage into natural outlet; treatment and disposal
plan required.
Where sewage is to be discharged into any natural outlet, primary or complete treatment
facilities shall be provided in accordance with regulations and requirements of the State
department of health. The type, capacity and location of the treatment plant shall be approved by
the director.
Section [2-1-12.]21-04-02. Pumping stations.
Pumping stations shall be provided where the terrain of the developable area is such as to
require pumping to lift the sewage to proper elevation for discharge to a treatment plant site,
public sewer or discharge outfall. These stations shall be of adequate capacity and shall include
the necessary physical units for proper operation, control and maintenance. Suitable locations of
these stations shall be approved by the director.
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Section [2413]21-04-03. Sewer mains.
Sewer mains shall be of length, type and size necessary to provide the area with adequate
sewage disposal and so located as not to be contrary to the location fixed for utilities by the
County master plan.
Section [21 14.121-04-04. Laterals.
A lateral shall be installed to provide service to each lot in accordance with section
[21 22.] 21-04-33. When a lateral is required by the County in order for the landowner to
receive the final inspection approval, the County shall construct the lateral within six months
from the date of the requirement.
Section [21 15.]21-04-05. Construction standards.
All sewage works construction shall be performed in accordance with the latest edition of
the standard specifications for public works construction and the standard details for public
works construction.
Division 2. Subdivisions.
Section [21 16.]21-04-21. Cost of construction.
(a) In every subdivision where sewers, sewage pumping station, force main, outfall and
sewage treatment units are deemed necessary by the director and State department of
health, the cost of constructing such sewage works shall be borne by the owner of the
subdivision.
(b) Additional costs brought about by increasing the pipe sizes or depths of laying or the
capacity of the pumping station, force main, outfall or treatment plant to serve areas other
than the subdivision shall be borne by the County.
Section [21-1 ]21-04-22. Approval of plans required; time limit for beginning work.
All construction plans and specifications for sewage works shall be approved by the
director. In the event that construction has not commenced within one year after date of
approval, the construction plans and specifications shall be resubmitted for reapproval.
Section [21 18.]21-04-23. Inspections during construction required; costs.
(a) During the construction of all sewage works, the County shall have access thereto for
inspection purposes and, if considered advisable by the director, to require an inspector on
the job continuously. At no time shall sewer work be backfilled or covered until the
director has been notified of and approved the work after proper inspection and test. If the
work is not approved, it shall be repaired or removed and reconstructed, as directed by the
director. The subdivision sewer may then be connected to the public sewer.
(b) All costs of inspection, testing and connection to the public sewers shall be borne by the
owner of the subdivision.
Section [21-19.]21-04-24. Acceptance of sewage works and treatment facilities.
(a) All sewage works found acceptable by the director shall become the property of the County
and shall be maintained and operated as part of the public system. Prior to final acceptance,
the subdivider shall deliver to the County perpetual easements for all portions of the
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subdivision sewer system installed in other than publicly owned property. The subdivider
shall also convey to the County fee simple title to all sites on which a pumping station or
treatment plant is constructed by the subdivider as part of the public sewage works,
together with easements for ingress and egress.
(b) Final approval and acceptance of subdivision sewage works shall not be granted until the
subdivider has settled all financial accounts with the County.
Division 3. Laterals.
Section [21 20.]21-04-31. Application.
An application for a lateral to a lot shall be made on a form prescribed [f rm to the b,,,.ea
of e=wef s.] b t�partment and submitted to the director. If the lateral has not already been
run to the property line, the County will construct it as soon as possible at the expense of the
applicant, except as provided by section [21-14.] 21-04-04.
Section [21 21.]21-04-32. Location.
New laterals shall be installed as near as practicable to the exact location desired by the
applicant, but if branches are already in the main or other outlets are available near at hand, the
lateral may be run from them. The County reserves the right to establish the alignment of the
lateral, the location of the connection and to provide service to other lots from the same lateral.
Section [21 22121-04-33. Construction specifications.
(a) All laterals shall be six inches in diameter and constructed at right angles to the main on a
minimum grade of[ .] one
percent. Each lateral shall terminate at the property line with a [six inch by F of inch ea
int] six inch by four inch pipe reducer, properly capped.
(b) Connection of the [bail ing sewef] property lateral to this reducer and cleanout shall be
[made] completed with a forty-five degree [east n] "Y," with the branch facing upward
and extended [abetrt] one inch above the ground with a [four-inch] counter sunk six inch
brass plug cleanout at the end. The exception is a sidewalk and driveway area where the
cast iron cleanout box and cover shall be flush with the surface. The counter sunk six inch
brass plug within the box shall be at a minimum of one-half inch below the cover. This
connection shall not be backfilled or covered until approved by the director.
Section [213:]21-04-34. Deposit required; inadequate deposit; refunds.
A deposit [Afnot Tor than $25 and at yeast] equal to the County's estimate of the cost of the
lateral shall be required of the applicant before the lateral is installed. If the actual cost of the
lateral is in excess of the deposit, the applicant will be billed and shall pay for the difference. If
the actual cost is less than the deposit, the applicant shall be refunded the difference.
Section [2-1--24:]21-04-35. Charge for pre-existing lateral.
No new charge shall be made for a lateral which has already been installed to the property
line of the lot, the charge for which has already been paid.
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Section [21 25.121-04-36. Permit to connect[;] or disconnect; plumbing permit
prerequisite; fee.
(a) A permit [to met] shall be obtained from the wastewater division[,departfnerl-4
eN< ental management, be f re] rip or to making any connection or disconnection to the
lateral. An application for a permit may be obtained from the wastewater division.
(b) [Tho eenneeti ] A permit for connection [shall] may be issued only after a [plumbing]
permit authorizing performance of the plumbing work has been [obtained from] issued by
the building division, department of public works.
(c) [ale] Department rules shall establish a fee [sh-aIl] to be charged for the permit [to eonnee ].
Section 21-04-37. Sewer Monitoring Program.
As part of a sewer monitoring program, the department is authorized to do the following:
(1) Inspect sewer laterals, located on private property, that connect to the County sewer
after providing the property owner not less than ten calendar days' written notice, to
detect leaks from laterals infiltration and inflow; or
(2) Compel the owner of private propegy upon which a sewer lateral is located that
connects to the County sewer to inspect that lateral for leaks, infiltration, and inflow
and to perform repairs as necessary.
Division 4. Extensions.
Section [21-26.]21-04-41. Applications for extensions.
Any individual wishing to extend or connect to the public sewer system shall submit [an
appheation to the difeetof of designee. The appheation shall be in the fefffi Of a lettef detailing
there and.0 y the sewef extension is being requested.] to the director an application in a form
prescribed by the department. The application shall be processed in the manner set forth in this
article.
Section [21 26.1121-04-42. Approval of extensions of the public sewer system.
(a) All sewer extensions shall be approved by resolution of the County council.
(b) Private [develapfnepA and eenstfuetion.] development and construction.
Once an application for an extension of the public sewer system has been approved by the
director or their designee, the application and a recommendation from the director shall be
forwarded to the County council with all of the supporting material attached. Upon review
of the recommendation of the director and the payment mechanism chosen by the applicant,
the council may approve the application.
Section [21-27]21-04-43. Determination of construction specifications.
The County shall make, or allow the applicant to make, the extension, including any lateral,
to serve the applicant's property. The [Eeunty] director shall determine or approve a plan
submitted by the applicant for[,]_the alignment[,];the materials to be used[,];,and the manner of
construction. The property owner shall not have any title to the extension.
Section [21-28]21-04-44. Payment of costs; construction by the applicant or by the County.
(a) If the applicant chooses to construct the extension, then the applicant shall bear the total cost
of the construction. However, the applicant may receive for ten years after completion of the
11
i
i
extension one-half of all moneys for sewer charges collected by the County from other
properties connecting to the extension provided the total of such reimbursement shall not
exceed the cost incurred by the applicant to construct the extension. Plans to reimburse the
applicant for construction of the sewer extension shall require the approval of the County
council by resolution.
(b) If the applicant chooses for the County to construct the extension, the applicant shall elect
to:
(1) Pay the full cost for the extension and for ten years after completion of the extension
receive all moneys for sewer charges collected by the County from other properties
connecting to the extension. However, the total of such reimbursements shall not
exceed the cost incurred to construct the extension. Plans to reimburse the applicant for
construction of sewer extensions shall require the approval of the County council by
resolution; or
(2) Pay for one-half of the cost for the extension with the other half of the cost being paid
by the County. If the applicant chooses this method of payment the director or designee
shall make an estimate of the cost of construction and submit it to the applicant. If the
applicant then deposits with the County a sum equal to one-half of such cost, then the
matter shall be referred to the council for review, approval and appropriation of the
County's share of the costs.
Article [4.]5. Sewer Service Charges. �1
Section [21-29.]21-05-01. Sewer user charges for nonresidential customers.
Sewer user charges for nonresidential customers, including those connected to gang
cesspools, shall be assessed to all lots accessible to a public sewer whether connected or not.
User charges for sewer service to nonresidential customers, which include industrial,
commercial, agricultural, governmental and miscellaneous services users, hotels, and service
stations shall be based on water volume usage based on water meter reading and shall be
assessed according to the schedule shown under section [2 ] 21-05-11- provided that water
consumed for the purpose of coolers or swimming pools shall not be included in water
consumption totals on which these rates are based. No sewer charges shall be levied on water
used for irrigation or other uses when the water is not discharged into the sewer system and a
separate metering system is installed to provide a method of accounting for the amount of water
which is or is not subject to the sewer use charges, as the case may be. A minimum monthly
charge shall be applicable and shall be equal to the schedule under section [21 -36.1.] 20-05-11.
Unoccupied units will be assessed a monthly maintenance fee equal to the current minimum
monthly charge.
I
Section [21--2 121-05-02. Charges for [private] sental4e haulers discharging wastewater
into a municipal facility.
(a) A minimum charge according to the schedule shown under section [21 36.1] 21-05-11 shall
be made for the discharging of pumped waste into any municipal system. The septage
hauler shall be responsible for notification of the receiving facility personnel of the type of
waste and of the discharge schedule. Preliminary treatment of the wastewater may be
required prior to disposing of the waste into the system.
i
12
"I
(b) "Pumped waste" shall include cesspool septage, chemical toilet waste, wastewater sludge,
or any other waste not prohibited under section [21-9.] 21-03-07.
(c) [Private] Se tp age haulers are required to have a valid permit from the wastewater division
to discharge wastewater into any municipal facility and shall maintain the following
records and information:
(1) The number of cesspools and other types of wastewater facilities pumped;
(2) The name and address of the owner of each cesspool or other facility pumped;
(3) The date of pumping of each cesspool or other facility;
(4) The location of each cesspool or facility pumped;
(5) Volume of wastewater pumped at each cesspool or other facility; and
(6) Disposal site of each for pumped waste from each cesspool or other facility.
(d) Permit fee.
Department rules shall establish a fee for a septage hauler discharge permit application.
Cc� Reports containing the tabulated information shall be submitted to the wastewater division
no later than thirty days after the last day of the month. Failure to provide the requested
information may lead to revocation of the permit.
Section [21-30:]21-05-03. Sewer user charges based on flat rate.
The director may establish a flat rate for sewer services for sewered properties (residential
and/or nonresidential) utilizing public or private water systems. The flat rates may be based upon
the amount of water actually consumed and drawn through the water meters of the private
system, or in the absence of meters, based upon a reasonable estimate of the water consumption
with due consideration to the type and nature of the premises. This flat rate shall be reviewed
annually.
Section [21 31.]21-05-04. Sewer user charges for residential customers.
Sewer user charges for residential customers shall be assessed to all lots accessible to a
public sewer or public gang cesspools whether connected or not. User charges for sewer service
to residential customers, which include service for single-family dwellings, duplexes, housing
projects, condominiums, townhouses, apartments, and dormitories shall be according to the
schedule shown under section [21 36.1.] 21-05-11. Unoccupied units will be assessed a monthly
maintenance fee equal to the current monthly sewer user fee.
Section [21-31:1-]21-05-05. Rates based on ad valorem taxes.
Residential and nonresidential customers will be assessed a sewer charge based on the ad
valorem charge system for any additional expenses not covered by the flat rate and/or flow rate
system.
Section [2-1-32]21-05-06. Infiltration/inflow expenses.
The sewer service charge system will distribute the operational maintenance and
replacement expenses for infiltration/inflow flows in the same manner as the ad valorem charges.
Section [21--32.]21-05-07. Billing of charges; payment; late penalty.
(a) The sewer service charge levied pursuant to this chapter shall be collected by the director
of finance or any bank designated by the wastewater division as an agent for collection.
Billings for sewer service charges of nonresidential users shall be processed monthly or
13
bimonthly in accordance with the department of water supply billing cycle. Billing for
single unit and multi-unit residential users shall be processed monthly or bimonthly.
(b) Payment shall be due thirty days after date of bill. In addition, interest at the rate of one
percent per month shall be imposed upon the outstanding balance for all accounts that are
past due.
(c) Charges for sewer service shall be billed to the owner or owners of the lot, parcel of land,
building or premises, (herein, referred to as the "property") to which the services are
provided. If requested by the owner, the department will bill a tenant or other individual
designated (herein, referred to as the "designated person") by the owner. Such request
shall be in writing and signed by all parties involved, including all property owners and the
designated person. The property owners and the designated person shall be jointly and
severally liable for the entire sewer service charge without further notice of any
delinquency to the property owners.
(d) Where a landlord has requested that the department bill a tenant pursuant to
paragraph (c):
(1) the director shall notify the landlord if a tenant's payment is past due; and
(2) the interest on the outstanding balance shall not commence until thirty days after the
department has sent such notice to the landlord of the delinquency.
(e) Sewer service charges levied shall be a debt due to the County. If this debt is not paid
when due, it shall be deemed delinquent and may be recovered by the County by a civil
action filed against the property owners, or the designated person, or both. Any judgment
against the property owners or responsible parties shall be filed with the Bureau of
Conveyances. As used herein, "person" means any individual, partnership, co-partnership,
firm, company, limited liability company, corporation, association,joint stock company,
trust estate, government entity, or any other legal entity, and their legal representatives,
agents, and successors and assigns.
(f) The department of water supply is authorized to terminate water services for non-payment
of the sewer services charges levied pursuant to this chapter when so directed by the
director after due notice and opportunity for a hearing as provided by department rules and
chapter 91, Hawaii Revised Statutes, before the environmental management commission
and the resolution of any appeal therefrom.
Section [23.]21-05-08. Charges [for diseontinued sen,iee.-] upon connection and
disconnection from sewer.
(a) For any lot, building, dwelling unit or premises for which connection is made with the
sanitary [sev�,erage] sewer systems, a sewer service charge shall be made pursuant to this
chapter starting from the first day of the month following the date of the connection.
(b) Where [it is proposed to diseentinue any eenneetion to the sewef ffom any let,
land, buildi..., upon a w itten natiee being given to the wastewater-divisian-by
the ownef or tenant of sueh , pafeel of land, bttilding of pfemises,
shall be diseefineeted by the owner -tena,+ and] a property has been disconnected to the
sewer and passed inspection by the wastewater division, the sewer charges for the month
within which such discontinuance of sewer service takes place shall be for the full month
based on the regular monthly charge to such lot,parcel of land, building, dwelling unit or
premises.
14
Section [21 34.]21-05-09. Sewer fund designated; disposition of funds.
The funds received from the collection of the sewer service charges authorized by this
chapter shall be deposited daily with the director of finance, and shall be accounted for and be
known as the "County sewer fund" and shall be expended for the purpose authorized.
[The Gett�, seweF fund shall eensist of three aeeounts. The fifst aeeetint will be the "ttsef
ehafge aeeaunl" and the revenues for-this aeeount will eome only ftem the sewer- sefvie-.
ehafges. Expenditur-es ffem this ffind shall be limited for the purpose of eaffying Out thee
opefation and rnainterianee of the sewage trea4ment systern, ineluding feplaeement.
The seeend aeeaunt will be the "fixed eests aeeount." Expenditures ffofn this aeeount
be for-items sueh as billing expenses, debt ser-viee ehafges, eeiistnietion eosts, and othef eosts not
f!elated dir-eetly to the operation and maintenanee of the sewage tr-eatmen4 system. The fevenues
fef this aeeottnt will eeme ffam the ehar-ges.
The third aeeount will be the "equipmepA feplaeement expenses fesefve aeeouflt." This
aeeotfflt will set aside a peffien of the feventie fef sewef ser-viee ehafges as a eushion
equipment expenses to eofflpensate f6r-fittettia4ion in the amount of paymen4 otit a
the aeee replacement.
This fiflaneial management system shall be maintained by the wastewatef division and]
The department shall maintain a financial management system that will accurately account
for revenues generated by the system and expenditures for operation and maintenance (including
replacement) of the treatment system, based on an adequate budget identifying the basis for
determining the annual [operating] operation and maintenance cost and costs of personnel,
material, energy, and administration.
The financial system shall include an account called the "equipment replacement expenses
reserve account." This account will set aside a portion of the revenue for sewer service charges
as a cushion for equipment replacement expenses to compensate for fluctuation in the amount of
payment out of the account for equipment replacement.
Section [21 35.]21-05-10. Miscellaneous requirements.
(a) The user charges attributed to any wastewater treatment facility shall be reviewed and
evaluated annually and revised if necessary on the basis of actual operation and
maintenance costs.
(b) The user charge system shall take precedence over any terms or conditions or agreements
or contracts which are inconsistent with the requirements of section 204(b)(1)(A) of the
Clean Water Act and 40 CFR 35.2140.
(c) Every user of the public sewer system shall be notified annually of the user's current sewer
service charge rate and that portion of the rate and/or ad valorem taxes which are
attributable to wastewater treatment service in accordance with 40 CFR 35.2140.
Notification may be in conjunction with a regular bill, newspaper notice, or other means
acceptable to the regional administrator, Environmental Protection Agency.
[Seetion 21 36. Penaltyw
Any per-son eenvieted of violating any of the pr-oVisions of this ehapter- shall be guilty
misdeffleanof and shall be ptinished by a fine not exeeeding $500. The eantinuanee of any sueb.
violation aftef earivietion shall be deemed a fiew off-ense f6f eaeh day of sueh eontinuanee.]
15
Section [21 36.1]21-05-11. Wastewater service charge rates.
WASTEWATER SERVICE CHARGE RATE
Effective Date*
User Category 04/01/1 04/01/2 04/01/2 04/01/2 04/01/2
9 0 1 2 3
A. Single Unit Residential:
1. Monthly charge per unit $35.00 $40.00 $44.00 $48.00 $52.00
B. Multi-Unit Residential:
1. Monthly charge per unit 35.00 40.00 44.00 48.00 52.00
C. Nonresidential:
1. Monthly base rate charge per unit 34.00 42.00 46.00 50.00 54.00
2. Monthly usage charge per
1,000 gallons (after the first
8,000 gallons) per unit
8,001 - 15,000g 4.75 5.50 6.25 7.00 7.50
15,001 - 30,000g 5.50 6.50 7.50 8.50 9.00
30,001g+ 5.75 6.75 7.75 8.75 9.50
D. [wale] Septage Haulers Discharge Fee:
1. Discharge fee per 500 38.00 46.00 52.00 58.00 64.00
gallons or fraction thereof
2. Minimum charge per load 38.00 46.00 52.00 58.00 64.00
E. Gang Cesspools:
1. Monthly charge per unit 18.00 20.00 22.00 24.00 25.00
*Rate begins on first full billing cycle after effective date.
Section [21 36.2]21-05-12. Remission of charges.
Sewer users who have been charged for sewer services pursuant to section [2129,]
21-05-01, may ask for a remission of such charges to the extent and in the manner set forth
herein:
(1) The user establishes and the director determines that the user is entitled to an
adjustment in water consumption totals.
(2) Any application for such adjustment must be made with the director within one year
of the alleged error in determination of water consumption totals.
[Artiele 5. Sewer Conneetion Loan Program.
Seetion 21 37. Findings and purpose.
Seetion 21 5, fequir-es eothqeetion to the sewef of lots accessible to a sewer, The eennee
eest may be financially bufdensafne for-many owners. Thefefefe, the eouneil finds that, in or-de
te assefe that all possible lots afe eenneeted to the sewef to meet Fedefal and State fequifements,
it is in the publie intefest to efeate, in eeopefation with a bank or- other- finaneial institution,
pr-egfam by whieh the County of Hawai'i assists owners to eenneet to the sewer-by gtiftfan4eeing
le ,,s far this pufpese.
The guaranteed lean pfagfam would allow the awnef to get a Gew4y guafanteed loan ffofn
the bank of othef finaneial instittition after-it agrees that the Catinty of 1-lawai'i shall plaee a lie
16
on the pr-opefty at the time the loan eloses. The lien would be faf the loan afnetifit and related
'L'
fees and eests. The County of
that it will pay the balanee of the loan in full should the ownef defatilt on the loan.
7r+r
-17
Waidknn Houselets -t-s
Wai&en > i fl Ra IN lots
n ' .1 GG^N 444 Mots
Kln,,;n„nLolo r nto,.nls 42-54ials
rr`Lhca-� 93
�
lots
(Optional 14 fit$
Alc' 'r f n GG^)7 GG(y''99
16I okft-a z`-1-E* lets
Seetion 21 38. Definitions.
For-pufposes of this aftiele, the following words and ph-fases, uniess the eontext othef
fequifes, shall be defined asVLLLCiU.
" 7)
designated bank within ninety days of the date upon w-hieh the payment is due as stated in the
eentfaet between n designated t-.nv.li and n guaf v.tee d 1-effewef
r.
GGDesignated bank"
means any bank of finaneial institution appr-eved by the difeetof of
to n n by semi. 21-57
GGuafanteed 7
the County of 'G°
feqttifed by this aftiele and whose loa-n with a designated ban
guafan+ e d by the ("'a, tAy of'Tanwai'. in aeeofdanee with this aftiela
cG 9
3-77
GL G_0wti�m
tenants, tena-ats in 7
tenants by the
entir-ety7 )
r-equif!ed to ben Bete d to s f lines pufstiatA to seetion 21 5,;of
tenants, tenants in
tenai4s by the
9
legal of equitable titles to real pfopefty whieh is r-equifed to be eoniieeted to sewef lines
f6r-the betiefit of another- or- 7
tfust9[03
hold,(3) A pefson of pefsons who hold equitable title ptifstiant to an agfeemefit of sale of f
feal
9
"Self 79
17
,i
Seetion 21 39.Sewer eenneetion loam program, �
' notifies owflefs in an fnefement of ement that they eonneet theif pfopefties to the sewef line,the difeetof of fifianee shall1
loans used to eonneet lots whieh afe a paft of that inefement to the sewer- lines. The dir-eete
of finanee may eansult with any banks of finaneial institutions about paftieipation i
ptifstiant to seetion 21 5.
institutions to handle the County guafanteed loan pr-ogr-affl. in designating a bank o
finaneial institution, the dir-eeter- shall eensidef the intefest fates offefed on the loans by-the
bank, the niambef of months and monthly p ments of the loan, and the willingness of the
institution to inakethe same agfeed upon fate offefed an the County guafan4eed lea
a-vailable to othefs bofrwAing ffloney to pay fof sewef hookup fees whose loans afe no
guafatiteed by the County of llawai'i. Any bank or-finaneial institution whieh eomplies with
the tefms of the loan pfogfarfl shall qualify as a designated ba
(e) The difeetof of finanee shall fequife that a designated bank agfee th
(1) The loan to a guafaineed beffowef will be at a fate of intefest and temis agfeed upon at
the ineeption of the pfogf am for-that inefement;
(2) The loan will be guafanteed by the County: of Hawai'i up to th- assessed value of
pafeel to be eeinieeted and any inipfovements at the time of the loan ;
(3) in the event that a guaf anteed beffowef fails to pay the fequifed payment an the
within ninety days of the date upon whieh the payment is due, the loan shal
eonsidefed in default and the designated bank shall immediately notify the difeetof o
finanee ftp, G ,,+r of Hwell as the guafasteed b r,e ;
(4) in the event of a default of any guar-anteed befr-owe , a designated bank shall aeeept
(5) The loan amount shall be lifflited to hook tip and east f6f the feasonable festor-ation of
the pafeel and impfavements to the eondition existing at the tifne of the loan
appheation plus loan fees and eosts; and
banks and finaneial institutions whieh are designated ba ks, and shall pfevide them wit
. . i of the agfeement negotiated with the-designated banks and the eantfaet whieh the
designated banks „will emeetite ,;+7, guafanteed _
CllJ1iV VVTLl rJ.
Seetion 21 40. Loan appheation.
9
loan,21 5, and who has been fejeeted by any two bapAEs of finaneial ifisti"ions .-f any type -
loan to pay fof the sewef eanneetion, based on instiffieient ability to fepay said
may
apply to a designated bank fi)f a sewer- eanneetion loan whieh is guafanteed by the Cotinty
no in fe than one hundfed and twenty ealendaf days aftef the date of the fietifiefftion by-the
d;, etof,-e r the owner- to eofmeet to the n ,ei
18
(b) All sueh timely applieations fef guafanteed loans shali be sent by g designated
bank to the difeeter- of finanee. Any ownef whose applieation for- a sewef eefifleetion lean is
fefeffed to the difeetof of finanee by a designated bank and is deemed to have a feason
ability to fepay the loan may paftieipate in a loan uaf anteed by the County of l4a-wai'i
(1) A loan agfeement�vvith a designated bank, with the Gotinly of Hawai'i as gtfafantof o
the
, r
(A) The money will be paid by the bank difeefly to the eantfaetef peffofffling the
eonneetion; and
designated bank, and will assume the designated bank's(B) In the event the guafatiteed beffowef fails to pay the feqtiif ed payment on the lo
within ninety days of the date upon whieh payment is due, the loaR shall be-
eansidefed in defatilt and the County of 14a7wai'i will r-epay the loan in fitil to the
.
(2) An agfeement with the County of 14awai'i giving the County of Hawai'i a lien oii
i M.M.e d i-Ately upon deffitilt by the awnef and any non payment of a payment fequifed by
-a paymepA plan tffldef seetion 21 4 1. Upon exeettfion, the loan agfeement and the lien
(e) For-the pfoteetion of the ipAefest of the Goui4y of I-lawai'i, a title sear-eh for- any pr-opefty
upon whieh the Gotmiy of .`s
will have a lien shall be eondtieted pfief to exeetftion 0::[F
any agfeements, and the eost of the sear-eh shall be paid from the loan pfoe
Seettex-2-4,. D„&nit „ edur-..
in the event of a defatilt, aftef the County of 14awai'i has paid the designeAed bank o
the loan fepayment, the difeeter-of fifianee shall talce into eonsidefalion the following .
loan,(a) in the event that the guafanleed beffewef is eapable of paying the mon4hly interest on the
the fepayment plan shall ineltide a minimum monthly payfaefA at least eqttal to th-e
payment,afnettfit of monthly intefest, and at the same rate of intefest ehafged by the designated bapAc.
(b) in the event that the guafaR4eed boffewer-is unable to pay an amotint eqttal to the tnonthly
(e) if no agfeement an the plan fo. —pay......i is feaehed within ninety days of defatilt, the
County of Hawai'i shall immediately initiate f6feelesufe pr-oeeeditigs against the subj
pfopefly.
a tfust, then the County of 14awai'i may initiate fi)r-eelosur-e pr-eeeedifigs immediately upon
default by the ow-nef and payment of the loan by the County of Ha-wai'i.
Cee�tten 2 1 �Reserved.2
� rs=--.
Seetion 21 43. Reserved.
Seetion 21 44. Waiver of liabilit�
,
19
indeniflify and hold hafniless the Gotnit�, of •c•
in the event of any pefsonal injtIfy 0
Seetion 21 45. Resen,e fund.
loan,(a) Fof the pufpose of payment of guafanteed loans in default, thefe shall be efeated a reserve
fund, to be known as the sewef eonneetion fesefve fund, whieh shall at all times be no
than fifteen pefeent of the total amount of loans guafanteed and shall be funded by the
genefal fund of other- available satifees. if a guafanteed boffowef defaults on a
thebank shall be paid ffom this fesefve fund withotA fufther-eouneil aetion. if this fepayme
the loan eauses the fesefve fund to fall below fifteen pefeent of the total afflount of loans
guafapAeed, the difeetof of finanee will then submit to the eetineil a bill for an ofdinaftee to
tfansfef the money ffom the general fund of other- available sour-ees if sneh a tfansfef is
neeessafy to maintain the r-equifed level of the fund. All inter-est generated by the fund shall
be deposited epos;te i County
to theT_T
„Fffwa '; n ,.nl F,,, l
eonn etion fesefve fund may be used to finance eenneetion eosts f6r-those lot ownefs
eligible f6f grant funding and only to the extent that the sewer-e0fifleetion fesefve fun.d ea
VV 1V1111V1.G1 JUU
(e) At least onee evefy three months the dir-eetof of finanee shall pfepafe and stibmit to the
eauneil a r-epaft on the status of the loan pfogam, ineluding btA not limited to the f6ile i-11.
(1) The number of guar-anteed loans ,
ffl(2) The total dollaf value of all guar-anteed loans ,
(3) The balanee in the feser-ve fund,-ft-nd
(4) T� b, of hookups t„ b ,l the t +
� rrr�icirrro;✓��orrrooicc[p�'ro-o��crcii'i'ccr'iirrrrc�icifciticrcaricn-.
Seetion 21 46.Reserved.]"
SECTION 2. Chapter 2, article 40, sections 2-204, 2-205, and 2-206 of the Hawaii
County Code 1983 (2016 Edition, as amended) are repealed.
"[Seetion 2 204 €oreeffient.
(a) if the dir-eetaf deteffflines that any pefsan has violated or-is violating an),pfevisten of this
do any one or-fnefe of the following--.
(!) issue an E)fdef assessing an administfative penalty faf any past of euffent violation
tempefafye
penalties, of athef folie.
(b) Any efdef issued pufstiai:4 to this seetion shall state with feasonable speeifieity the naltife a
the violation. Any administfative penalties assessed in the efder- shall be in aeeer-danee wit
o„t,,,n 2 206
(e) Any efdef issued undef this ehaFtef shall beeeme final, unless not latef than twenty days
after the notiee of Me is o—�'d, flhe pef son or-per-sons named thefein fequest in wr-4411-1
hearing befefe the difeeten Any penalty imposed undef this ehaptef shall beeofne due
20
that:payable twenty days aftef the notiee of penalty is sefved unless the pef son or-Pef sons fi
any penalty imposed undef this ehaptef, the penalty shall beeofne due and payable only upoln.
penalty in whole of in paft. Upoti fequest f6f a heafing, the difeetof shall fequife that t
alleged violatof of violatofs appeaf before the eommission fef a hearing at a time and plae-e
ehaptef 91. if aftef a heafing held pufstia-PA to this seetion, the eomfflission finds that
violation or-violations have oeeuffed, the eommission shall affifm or-modify a"penal
or-orders f6f the pfevention, abatement, of eaf4fol of the violation of disposals involved–, or
ofder-or-penalty eontained in a notiee, the eommission finds that no violation has oeeuf
heafing may pfesefibe the date of dates by whieh the violation of violations shall eease
violation of disposals.
(e) if the amount of any penalty is not paid to the depaftment within thifty days aflef it beeemes
due and payable, the difeetof may institute a eivil aetion in the name of the County to eolleet
eolleet the administr-ative penalty imposed, the difeetor-need only show
fequest f a hearing;
(a) The uuuuinistfatye penalty . ed; ., 1
(4) The penalty femains unpaid.
Seetion 2 205—Denal-ties:
Any per-son who violates this ehaptef of ehaptef s 20 or-2 1, any fule adopted pufsuafit to
these ehaptefs, of any eondition of a pefmit of vanaflee issued pttfsuant to this ehaptef shall b-e
fified not more than $1,000 f6f eaeh sepafate offense. Eaeh day of eaeliviolation shall eonstitute
„b.ro„+:e„t shall be eonsidefed a eivil aetion.
Seetion 2 206. Administrative penalties.
impose by or-def the penalties speeified ift seetion 2 205. if any paFty is aggrieved by-the
deeision of the eammission, the pafty may appeal in the manflef pfavided in ehaptef 91 to the
eir-euit eouft; pfovided that the opefation of a eease and desist ofdef will not be stayed on appeal
.]
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SECTION 3. Chapter 2, article 40, section 2-207 of the Hawaii County Code 1983 (2016
Edition, as amended) is amended by amending the section number assigned to this section to
read as follows:
"Section [2 207012-204. Environmental management commission,"
SECTION 4. Material to be repealed is bracketed and stricken and new material is
underscored. In printing this ordinance, the brackets, bracketed_and stricken material, and
underscoring need not be included.
SECTION 5. Severability. If any provision of this ordinance, or the application thereof to
any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
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SECTION 6. This ordinance shall take effect upon its approval.
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INTRODUCED BY:
r�
y
COUNCIL EMBER, COUNTY OF HAW I
Hawai`i 7
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective D ate:
REFERENCE Comm, 1119.4
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