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HomeMy WebLinkAboutBIL 199 Draft 01 2000-2002 COUI~TTY ®F ~I~,.~V~I`I STATE Off` I~.~.~~'r~.I`I SILL 1®1®. 19 ~ OIZ.DIl®1A~'CE loTO. AN ORDINANCE AMENDING CHAPTERS 20 AND 21 OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), TO REPLACE REFERENCES TO THE DEPARTMENT OF PUBLIC WORKS WITH THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, AND TO ADD DEFINITIONS OF ENVIRONMENTAL MANAGEMENT COMMISSION. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 20, article 3, section 20-31, of the Hawaii County Code 1983 (1995 edition), is amended by repealing the definition of "engineer." ["Engineer" means the director of public works.] SECTION 2. Chapter 20, article 3, section 20-31, of the Hawaii County Code 1983 (1995 edition), is further amended by adding new definitions to be appropriately inserted and to read as follows: "Commission" means the environmental management commission of the County. "Director" means the dire~°tor of the department of environmental management, or his authorized representative. SECTION 3. Chapter 20, article 3, section 20-31, of the Hawaii County Code 1983 (1995 edition), is further amended by amending the definition of "department" to read as follows: "Department" means the department of [public works.] environmental management. -1- SECTION 4. The following sections of Chapters 20 and 21 of the Hawaii County Code 1983 (1995 edition) are hereby amended by replacing every reference to "engineer" with "director": chapter 20, article 3, section 20-35 chapter 21, article 1, section 21-3 chapter 21, article 1, section 21-4 chapter 21, article 2, section 21-7 chapter 21, article 2, section 21-10 chapter 21, article 3, division 1, section 21-11 chapter 21, article 3, division 1, section 21-12 chapter 21, article 3, division 2, section 21-16 chapter 21, article 3, division 2, section 21-17 chapter 21, article 3, division 2, section 21-18 chapter 21, article 3, division 2, section 21-19 chapter 21, article 3, division 3, section 21-22 chapter 21, article 3, division 4, section 21-27 chapter 21, article 4, section 21-30 SECTION 5. Chapter 20, article 3, section 20-36, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Bastion 20-36. Refuse removal {~usinass; restrictions. (a) Any vehicle used for the collection and removal of refuse shall be kept in a clean, inoffensive, and sanitary condition. (b) All refuse shall be handled and hauled in such a manner so as to prevent the scattering, spilling, or leaking of the refuse. (c) Certain transfer stations will be designated and determined to be incompatible for use by businesses or commercial activities. Use of these designated transfer stations by business or commercial activities shall be prohibited after July 1, 1989, except as authorized by written permit with conditions set forth by the director [of public works]. -2- (d) No person, business, [Federal] federal or [State] state agency, religious entity or nonprofit organization shall, at any County solid waste facility, dispose of any rubbish, prohibited materials or refuse which has been brought into the County of Hawaii as rubbish, prohibited materials or refuse from outside of the County of Hawaii. This subsection shall not apply to refuse generated en route in the ordinary course of business by aircraft or maritime passengers or crew, incidental to operations of aircraft or maritime traffic arriving in the County. (e) Violation of these restrictions will be subject to the penalties of this article as well as revocation of the businesses' baggage and freight license. SECTION 6. Chapter 20, article 3, section 20-42, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 20-42. Salvage of refuse restricted. Any material delivered or deposited at the County dumping ground shall become the property of the County. No person shall separate, collect, carry off, or dispose any article from any County dumping ground unless authorized to do so by the director [of public works] or his representative. SECTION 7. Chapter 20, article 3, section 20-43, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 20-43. Acceptance of refuse for disposal; restrictions. (a) Acceptance at Landfills or Other Similar Disposal Areas. (1) Any person having any nonprohibited rubbish, unburnable material, or refuse, excluding garbage, in the County, which is not acceptable at a transfer station, is authorized by the department to enter into and properly deposit such material into the designated area of the landfill on any day during the normal working hours of the landfill. All permitted materials, when properly deposited, shall be accepted by the department. (2) Any person having any large or bulky material, such as a car, water heater or properly altered stove or refrigerator which does not contain any -3- garbage, refuse, swill or any other rubbish at the time of disposal, is authorized by the department to enter into and properly deposit such material into the designated area of the landfill on any weekday during the normal working hours of the landfill. All permitted materials, when properly deposited, shall be accepted by the department. (3) Any person having any small dead animal, such as a dog or cat, as well as garbage, is authorized by the department to enter into and properly deposit such material into the designated area of the landfill from 7:00 a.m. to 3:00 p.m. Permitted small dead animals and garbage, when properly deposited, shall be accepted by the department. (4) Any unauthorized person entering into the landfill during nonworking hours or for purposes other than that permitted in this section shall be considered to be a trespasser, and shall be subject to the penalties of this article. (b) Acceptance at Transfer Stations. (1) All acceptable household refuse, including shrubbery and yard trimmings, deposited into the transfer station solid waste container shall be accepted by the County for disposal on any day during normal working hours of the station. No item shall exceed four feet in any dimension or weigh more than fifty pounds. (2) Prohibited materials shall include all commercially hauled rubbish, garbage, swill or refuse, prohibited materials as defined by the State department of health and partially listed herein, refuse generated by a business, [Federal] federal or [State] state agency, religious entity or nonprofit organization, construction or demolition wastes, abandoned vehicles, dead animals, animal carcasses and other similar organic wastes. (c) Except as permitted by the director[ of public works], no material resulting from construction, land clearing, wrecking of any building or structure, or wastes generated by manufacturing, industrial, or agricultural processes such as meat, -4- fish, poultry, vegetable, or fruit processing shall be acceptable for disposal in any County disposal facility. (d) Improper depositing of any material in any County landfill or transfer station is considered to be littering, and violators will be subject to the penalties of this article. SECTION 8. Chapter 21, article 1, section 21-2, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 21-2. I2efinitions. [(a)] As used in this chapter, unless the context specifically indicates otherwise: [(1)] "Accessible to a sewer" means having a sanitary sewer with laterals available to the lot. [(2)] "B.O.D. (biochemical oxygen demand)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five s days at twenty degrees centigrade, expressed in milligrams per liter by weight. [(3)] "Building or house sewer" means that portion of the sewer line extending from a building to the public sewer or private disposal system. [(4) "Bureau of buildings" means the building division, County department of public works. (5) "Bureau of sewers" means the wastewater division, County department of public works. (6)] "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. [(7)] "Connection" means an opening in the public sewer to which the building sewer maybe connected. -S- "Director" means the director of the department of environmental management, or his authorized representative. [(8) "Engineer" means the director of public works of the County, or his authorized representative. (9)] "Equivalent population" 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 hundred gallons per capita per day. [(10)] "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. [(11)] "Gang cesspool" means a cesspool designed to accept sewage from two or more sources. [(12)] "Garbage" means solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce. [(13)] "Garbage, properly shredded" means food wastes that have been properly shredded to such a degree that all particles will be carried freely under normal flow conditions in public sewers. [(lA~)] "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.) [(15)] "Grease traps" means a pretreatment device designed and installed to separate fats, oils, and grease from wastewater. [(16)] "Industrial wastes" means the liquid wastes from industrial processes. [(17)] "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. -6- [(18)] "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. [(19)] "Lateral" means a side sewer from a public branch or main sewer to the property line to serve one or more lots. [(20)] "Main" means a sewer to which several laterals or other branch sewer lines are connected. [(21)] "Natural outlet" means any natural outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. [(22)] "pH" means the logarithm of the reciprocal of the weight of hydrogen ion in grams per liter of solution. [(23)] "Public sewer" means a sewer system, including a cesspool and a gang cesspool system, controlled by the County. [(24)] "Sanitary sewer" means a sewer which carries sewage and to which storm and surface waters and drainage are not intentionally admitted. [(25)] "Sewage" means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments. [(26)] "Sewage treatment plant" means any arrangement of devices and structures used for treating sewage. [(27)] "Sewage works," "sewer system," or "sewer," means all public facilities for collecting, pumping, treating and disposing of sewage. [(28)] "Subdivision" means a division of a piece of property into two or more lots. [(29)] "Suspended solids" means solids that are in suspension in sewage or waste waters, and which are removable by laboratory filtering. [(30)] "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. -7- SECTION 9. Chapter 21, article 2, section 21-5, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 21-5. Connection to sewer required. (a) Every lot which is accessible to a sewer and which has plumbing fixtures located on it shall be connected to the sewer within one hundred twenty calendar days after the lot owner has been notified to do so by the director [of public works] or State department of health. If such plumbing fixtures have not been so connected, the premises shall not be used or occupied as a habitation or for any purpose for which plumbing fixtures are necessary. (b) Exceptions are as hereafter provided: (1) This section shall not apply to lots accessible to a sewer which have plumbing fixtures located on them and which were in existence prior to the date of July 1, 1989, providing that the lot's existing waste disposal system does not violate any existing health, sanitation, or nuisance provision. (2) This section shall not apply to a lot which is below the level of the sewer and would require the installation of a pump to lift the sewage to proper elevation for discharge into the sewer. (3) This section shall not apply to lots accessible to a sewer which was directly paid for, in whole or in part, by a private developer for the purpose of serving a private development as provided for in chapter 21, article 3, division ~ of the Hawaii County Code, as amended. (c) However, connection to the sewer for lots under the exemption provided by section 21-5(b)(1) shall henceforth be required to connect to the sewer in accordance with section 21-5(a) after July 1, 1989, when any of the following conditions occur: (1) Upon written notification by the director [of public works] or State department of health that a violation of existing health, sanitation, or nuisance provisions exists. -8- (2) Upon sewer services being provided to the lot under a municipal sewer expansion program after July 1, 1989. (3) When a change of ownership of the subject lot occurs. (4) When the cost of a building renovation exceeds fifty percent of the existing value as determined by the building division. (5) When a change in use of the subject lot occurs. SECTION 10. Chapter 21, article 2, section 21-6, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 21-6. 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 areas planned for sewers within the ten years after 1lilay 22, 1989, developers are required to install interceptor, household, and collection sewers, even if they will not be used until the area is sewered. 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 director [of public works]. SECTION 11. Chapter 21, article 3, division 3, section 21-20, of the Ilawai`i County Code 1983 (1995 edition), is amended to read as follows: Section 21-20. Application. An application for a lateral to a lot shall be made on a prescribed form to the [bureau of sewers.] wastewater division de artment of environmental management. 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. -9- SECTION 12. Chapter 21, article 3, division 3, section 21-25, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 21-25. Permit to connect; plumbing permit prerequisite; fee. (a) A permit to connect shall be obtained from the [bureau of sewers] wastewater division, department of environmental mana e~ ment, before making any connection to the lateral. (b) The connection permit shall be issued only after a plumbing permit has been obtained from the [bureau of buildings.] buildin demon, de a~rtment of un blic works. (c) No fee shall be charged for the permit to connect. SECTION 13. Chapter 21, article 3, division 4, section 21-26, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 21-26. Applications for extensions. Any individual wishing to extend or connect to the public sewer system shall submit an application to the director [of public works] or designee. The application shall be in the form of a letter detailing where and why the sewer extension is being requested. The application shall be processed in the manner set forth in this article. SECTION 14. Chapter 21, article 3, division 4, section 21-26.1, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 21-26.1. Approval of extensions of the public sewer system. (a) All sewer extensions shall be approved by resolution of the County council. (b) Private Development and Construction. Once an application for an extension of the public sewer system has been approved by the director [of public works] or their designee, the application and a recommendation from the director [of public works] shall be forwarded to the County council with all of the supporting material attached. Upon review of the recommendation of the director [of public works] and the payment mechanism chosen by the applicant, the council may approve the application. -10- SECTION 15. Chapter 21, article 3, division 4, section 21-28, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 21-28. 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 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 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 [of public works] 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. -11- SECTION 16. Chapter 21, article 4, section 21-36.2, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 21-36.2. 1eemission of charges. Sewer users who have been charged for sewer services pursuant to section 21-29, Hawaii County Code, 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 [of public works] 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 [of public works] within one year of the alleged error in determination of water consumption totals. SECTION 17. Chapter 21, article 5, section 21-39, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 21-39. Sewer connection loan program. (a) Before the director [of public works], pursuant to section 21-5 of this chapter, notifies property owners in an increment of the requirement that they connect their properties to the sewer line, the director of finance shall be authorized to develop a sewer connection loan program for the purpose of guaranteeing loans used to connect lots which are a part of that increment to the sewer lines. The director of finance may consult with any banks or financial institutions about participation in a program of loan guarantees for owners of properties who are required to connect to sewers pursuant to section 21-5 of this chapter. (b) After consultation, the director of finance shall designate one or more banks or financial institutions to handle the County-guaranteed loan program. In designating a bank or financial institution, the director shall consider the interest rates offered on the loans by the bank, the number of months and monthly payments of the loan, and the willingness of the institution to make the same agreed-upon rate offered on the County-guaranteed loans available to others -12- borrowing money to pay for sewer hookup fees whose loans are not guaranteed by the County of Hawaii. Any bank or financial institution which complies with the terms of the loan program shall qualify as a designated bank. (c) The director of finance shall require that a designated bank agree that: (1) The loan to a guaranteed borrower will be at a rate of interest and terms agreed upon at the inception of the program for that increment; (2) The loan will be guaranteed by the County of Hawaii; (3) In the event that a guaranteed borrower fails to pay the required payment on the loan within 3?inety days of the date upon which the payment is due, the loan shall be considered in default and the designated bank shall immediately notify the director of finance of the County of Hawaii, as well as the guaranteed borrower; (4) In the event of a default of any guaranteed borrower, a designated bank shall accept payment in full from the County of Hawaii as full satisfaction for the loan; and (d) The director of finance shall inform the mayor and the County council of the names of banks and financial institutions which are designated banks, and shall provide them with copies of the agreement negotiated with the designated banks and the contract which the designated banks will execute with guaranteed borrowers. SECTION 18. Chapter 21, article 5, section 21-40, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Sectl~an 21~~40. L®an appl~cati®~; (a) Any owner who is required to connect his or her property to a sewer pursuant to section 21-5 of this chapter, and who has been rejected by any bank or financial institution for any type of a loan to pay for the sewer connection, based on insuffi- cient ability to repay said loan, may apply to a designated bank for a sewer connection loan which is guaranteed by the County of Hawaii. Any application -13- for a guaranteed loan must be submitted to a designated bank no more than forty calendar days after the date of the notification by the director [of public works] requiring the owner to connect to the sewer. (b) All such timely applications for guaranteed loans shall be sent by any receiving designated bank to the director of finance. Any owner whose application for a sewer connection loan is referred to the director of finance by a designated bank may participate in a loan guaranteed by the County of Hawaii and become a guaranteed borrower. As conditions of participation, the applicant shall execute: (1) A loan agreement with a designated bank, with the County of Ha~vai`i as guarantor of the loan, providing that: (A) I`he money will be paid by the bank directly to the contractor performing the connection; and (B) In the event the guaranteed borrower fails to pay the required payment on the loan within ninety days of the date upon ~~~hich payment is due, the loan shall be considered in default and the County of 1-~awai`i will repay the loan in full to the designated bank, and x:11 assume the designated bank's status as creditor. (2) An agreement wit? -the County of Hawaii giving the County of I~Iawai`i a lien on the property to be connected. In situations in which the guaranteed borrower is a corporation or an owner holding property in a trust other than aself-trusted revocable living trust, the County of Hawaii shall initiate foreclosure proceedings immediately upon default by the owner and payment by trae County of Hawaii. In situations in which the guaranteed borrowe3 consists of two people holding as tenants by the entirety, the Countsf~ of Hawaii shall initiate foreclosure proceedi;~gs immediately upon the death of the survivor of the tenancy by the entirety or upon the sale, exchange, transfer or forced sale of the property, In all other situations, upon the death of the guaranteed borrower, or th sale, exchange, transfer or forced sale of the property, or the death of the last -14- surviving settlor of aself-trusted revocable living trust, foreclosure action shall be brought concerning any amounts remaining on the amount owed to the County of Hawaii. Upon execution, the loan agreement and the lien document shall be fecorded at the bureau of conveyances. (c) For the protection of the interest of the County of Hawaii, a title search for any property upon which the County of Hawaii will have a lien shall be conducted prior to execution of any agreements, and the cost of the search shall be paid from the loan proceeds. SECTION 19. Chapter 21, article 5, section 21-42, of the Hawaii County Code 1983 (1995 edition), is hereby amended to read as follows: Sectic~r€ 21-42. C®nnecti~n c®ntg•aet. (a) Frior to notification of the owners within an increment pursuant to section 21-5, the director [of public work] shall authorize a request for proposal (RFF) for licensed contractors to connect all of the properties subject to guaranteed loans. Such a proposal shall require the contractor to give the director [of public works] an estimate for the cost of connection for each property in the increment. (b) As a condition of selection by the County of a proposal, a contractor submitting a proposal shall agree to connect the property of any owner who becomes a guaranteed borrower to the sewer at the price estimated in the proposal. (c) The director [of public works] shall inform the mayor and the County council of the selected proposal. (d) All guaranteed borrowers shall have their properties connected to the sewer by the contractor selected pursuant to this article. This shall be a condition of any loan guaranteed by the County of Hawaii. SECTION 20. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be i~~cluded. SECTION 21. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such inv~;lidity shall not affect other provisions or applications -15- of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 22. This ordinance shall take effect upon its approval. 1NTR0 UCED BY: - COUNCIL MEMBER, CO T f~WAI`I Hilo, Ilawai`i Date of introduction: Date of 1st Reading: Date of 2nd I'~~ading: Effective Date: 566 -16-