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HomeMy WebLinkAboutBIL 191 Draft 01 2002-2004OFFICE INFORMATION ONLY Meeting: Council— January 23, 2004 Action: Close file on Bill 191 (and Dr.2), and adopt PEMC-11 which recommended The bill be filed Council moved and approved a motion to close file. Re: Bill 191; Comm. 424, PEMC-10 COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 191 AN ORDINANCE AMENDING CHAPTER 21, OF THE HAWAII COUNTY CODE 1983 (1995 EDITION), RELATING TO SEWER SERVICE CHARGES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. This bill will transfer the sewer service charges rate setting authority from the County Council to the Environmental Management Commission as provided by section 6-5.5 of the Hawaii County Charter 2000. SECTION 2. Chapter 21, article 4, section 21-29, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 21-29. 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 21-36.1;] as adopted by the commission, by rule; 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 only when separate water meters are installed for such purposes and the water drawn through such meters is not discharged into the sanitary sewage system. A minimum monthly charge shall be applicable and shall be equal to the schedule [under section 21-36.1.] as adopted by the commission, by rule. Unoccupied units will be assessed a monthly maintenance fee equal to the current minimum monthly charge. -1- SECTION 3. Chapter 21, article 4, section 21-29.1, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 21-29.1. Charges for private haulers discharging wastewater into a municipal facility. (a) A minimum charge according to the schedule [shown under section 21-36.1 ] adopted by the commission, by rule, shall be made for the discharging of pumped waste into any municipal system. The 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. (b) 'Pumped waste" shall include cesspool septage, chemical toilet waste, sludge, or any other waste not prohibited under section 21-9. (c) Private 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) 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 4. Chapter 21, article 4, section 21-31, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 21-31. 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.] adopted by the commission, by rule. Unoccupied units will be assessed a monthly maintenance fee equal to the current monthly sewer user fee. -2- SECTION 5. Chapter 21, article 4, section 21-36.1, of the Hawaii County Code 1983 (1995 edition), is amended to read as follows: Section 21-36.1, Wastewater service charge rates. Sewer user charges for customers connected to gang cesspools shall be effective August 1, 2000, and sewer service charges paid prior to the effective date shall be reimbursed or credited. Sewer charges not paid prior to the effective date shall be waived. USER CATEGORY Effective Date* 7/01/97 2/01/98 7/01/00 7/01/02 A.Single Unit Residential: I.Mondily charge per unit $25.00 $26.00 $27.00 B.Multi-Unit Residential: l.Monthly charge per unit 25.00 26.00 27.00 C.Nonresidential: 1.Monthly base rate charge per unit 20.00 20.00 21.00 22.00 2.Monthly usage charge per 1,000 gallons (after the first 3.55 3.55 3.80 4.05 8,000gallons) per unit D.Private Haulers Discharge Fee: 1.Discharge fee per 500 gallons or 30.00 30.00 30.00 30.00 fraction thereof 2.Minimum charge per load 30.00 30.00 30.00 30.00 E.Gang Cesspools: l.Monthly charge per unit 15.00 15.0 *Rate begins on first full billing cycle after effective date.] The commission, by rule, shall set the applicable sewer user charges for all use categories. SECTION 6. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION T If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall 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 declared to be severable. -3- SECTION 8. This ordinance shall take effect upon adoption of the wastewater fees/rates by the Environmental Management Commission. T O CED bFtAYY L'ol'l Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE. COMM 42 -4-