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Home My WebLink AboutCOM 0087.001 1996-1998 I _ ~8:= CbMM. H0. '87_ BILLS 31 & 32 ~ r COUNTY OF HAWAII. STATE OF HAWAII BILL NO. 229 ` RECEIVED (DRAFT 3 ) n^~---------- Bv - 96 51 i~„T9 ORDINANCE NO. Date.__----------- County Council-J~"Fc AN ORDINANCE AMENDING CHAPTER 21 OF THE HAWAII COUNTY CODE, 1983, AS AMENDED, RELATING TO SEWERS. BE IT ORDAINED BY THE COUNCII, OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The Hawaii County Code is not clear in its expectation that the Council approve extensions of the public sewer system. The Council of the County of Hawaii fmds that extensions of the public sewer system have a significant impact on the public, especially on those individtials who would be required to connect to the extended system- Therefore, in order to provide for public input on decisions to extend the public sewer system, the Council Fmds that all extensions of the public sewer system shall be approved by resolution of the Council. SECTION 2. Chapter 21, Article 2, of the Hawaii County Code, 1983 as amended is hereby amended 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 calendaz days after the lot owner has been notified to do so by the chief engineer 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 aze necessary. (b) Exceptions aze 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 I, 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 dischazge into the sewer. f 3~ This section shall not apply to lots accessible to a sewer which was directlKpaid for. in whole or in o~rt. by a nrivate developer for the ~rpose of serving a nrivate development as provided for in Cpha7nter 21- tjomte. DIo. O•'O' Slk Nlo. F N p Presented FL Re[. 4bt Ref. Dtzte________~__--- Article 3. Division 4 of the Hawaii County Code. 1983 mended (c) However, connection to the sewer for lots under the exemption provided by section 21-5(b)(I) shall henceforth be required to connect to the sewer in accordance with section 21-5(a) after July I, 1989, when any of the following conditions occur: (1) upon written notification by the chief engineer or State department of health that a violation of existing health, sanitation, or nuisance provisions exists. (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 3. Chapter 21, Article 3, Division 4 of the Hawaii County Code, 1983 as amended is hereby further amended by adding a new Section to be appropriately numbered and to read as follows: "Section 21-[ Approval of extensions of the nublic sewer system. j~ All sewer extensions shall be approved by resolution of the County Council. Private development and construction. Once an application for an extension of the pyblic sewer system has been aonroved by the Chief Engineer or their designee. the application and a recommendation from the Chief Engineer shall be forwarded to the County Council with all of the suppo ing material attached. i~T~on review of the recommendation of the Chief Engineer and the,~ayment mechanism chosen b the aonlicant_ the Council mav~yprove the application." SECTION 4. Chapter 21, Article 3, Division 4, Section 21-26 of the Hawaii County Code is amended as follows: "Section 21-26. Applications for extensions[; deposit required]. Anv individual wishing to extend or connect to the nublic sewer system shall submit an application to the Chief Engineer or desiattee. The application shall be in the form of a letter detailine where and why the sewer extension is being quested. The implication shall be„processed in the manner set forth in this article. [Upon receipt of a written application for a sewer extension, the engineer shall make an estimate of the cost thereof and submit it to the applicant. If the applicant then deposits with the County a 2 sum equal to one half of such cost, the matter shall b. r.;ferred to the council and, subject to their approval and the appropriation of the County's share of costs, the extension shall be made as soon as possible.]" SECTION 5. Chapter 21, Article 3, Division 4, Section 21-27 of the Hawaii County Code, 1983 as amended is hereby amended as follows: "Section 21-27. 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 County engineer shall determine, approve a plan submitted by the anolic nt 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 6. Chapter 21, Article 3, Division 4, Section 21-28 of the Hawaii County Code is amended as follows: "Section 21-28. Payment of costs; construction by the applicant or by the County. j,~, If the applicant chooses to construct the extension- then the applicant shall bear rbe total cost of the construction. However. the aonlic~nt may receive for ten years after completion of the extension all mon~vs for sewer chalpps collected by the County from other properties connectineto the extension. In addition. the total of such reimbursement shall not exceed the cost incurred by the applicant to construct the extension. Plans to reimburse the ao_nlicant for construction of the ~gwer extension shall require the approval of the County Council by resolution. If the applicant chooses for the County to construct the extension- the applicant shall elect to: [If the applicant prefers, he may pay] 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 [less construction costs to serve these properties]. However, the total of such reimbursements shall not exceed the cost incurred to construct [for] the extension. Plans to reimburse applicant for construction of sewer extensions shall require the aonroval of the County Council by resolution. or f~ Pav 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 p~ymen*. the Chief Engineer nr riegienee shall make an estimate of the cost 3 of construction and submit it to the applicant If the aRnlica_nt then deoo i wi h the o mtv a cum ea ial to nne_h~iFof anch cnet rhnn t6P matter shall be referred to he o m it for r iew approval and aRpropriation of the Countv'c h r of h c " SECTION 7. 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 8. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not effect 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. SECTION 9. This ordinance shall take effect upon its approval. DUCED BY: CO CIL MBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: March 7, 1996 A?'.-"~'Ci~JE~D as to Date of 1st Reading: March 20, 1996 FO;:.`.; c. =~%~''-lam Date of 2nd Reading: April 17, 1996 - Effective Date: May 2 , 1996 - - COUNTY OF H.;~'Jr.li BDL/apn REFERENCE: Comm. t naa,_? a TS 96 :'oN Tuo 6EOT-D :amwJafau (E 4g2. Q) 6ZZ TTTH :'oN li!H IIVMVH 30 A.LNI1OJ '?IOAb'W • 61 , Jo Iivp szzp panolddvs:Q/paaolddd x113DD LLNfO3 el7c/L-7400797; NYIVIIIVHZ=MOD r� •aaogv pa;v3ipu: sv pags:tgnd puv IPuno) /unoj aq.; /iq pa;dopv svcn 771g 8uto2a.iof ar{;jinn UULL?I3J A&31I3H OQ I 0 T £ S X menus X At% X Int% X ouos0 X oaunuou :SNII 3?I X ?-!a4 X BRIM 9661 ' OT ceW Pags?igncI X uosu zqd-xuog 9661 1Z AP141 :ant;aa3l'3 X PirIETV 9661 'Z 4E14 :pauntpu 9661 ' 81 TT=dV :=oAEyvos X3 Sad S3ON S31Cd 9661 ' L T T T=aif :Sutp8a21 puoaas 3.LOA 11VJ 1101! (E ,Lavua) • 0 0 S X qhs X Aim . X Tea X ouoso TaAAT TTounop uo p amajaU - 96/LO/20 X oaunuoa :5 VIA/31I X e1 act X SPfiD 9661 ' 8Z q o.z e W :pags?i ind X uosuieigyvog 9661 'O Z Li o.z e W :SutpEaNt3 ;sa X PIJV 966T 'L LP7W :paanpouui a;EQ eurm au ueT1g :Ag paanpo.qui X3 SEW SHON S3AV 1 ,oz;) • 3.LO4 it'dJ•1101! - - Z( Z�itlW vua ) } OZ , Vic nvcnvH ' 0-TH • ttEMEH 30 A.}unOJ d3'IJ A.LNf1OJ 3H.L 30 3JI33O t+ a. %;4 William G. Davis ephen K Yamashiro . • Mmuge`g Direcem ~1'0~ Henry Cho ''ei'i~~'~~ DNuhJ Mmuging Dirextm K1.IIit2tf~1 II~ ~tifll2iti 25 Aupuni Street, Room 215 Hilo, Hawau %710752 (808) %18211 Fax (806) %1.6553 KONA: 755706 Kuakini Highway, Suite 103 • Kailas-Kona, Hawau 96760 ~ ~ ~ (BOB)329-5276 • Pax (80B) 326566.7 C -mac T ~ ~ 1 . / N May 2, 1996 - ~ = ~K ~ - m t~ C The Honorable Keiko Bonk-Abramson and Members of the County Council Hawaii County Building Hilo, HI 96720 Dear Chairman Bonk-Abramson and Council Members: I have concerns about Bill No 229, An Ordinance Amending f Chapter 21 Of The Hawaii County Code, 1983, As Amended Relating To Sewers, but I will allow the measure to pass without signature. In reviewing the Bill, I have a concern that we are not in accordance with an Environmental Protection Agency grant condition related to the funding for the Hilo Wastewater Treatment Facility. The grant condition states in part that every eaisting dwelling within the service area will be connected to the sewer system. A second concern is that this amendment will exempt in perpetuity all properties along a privately constructed sewer line from connecting to the County sewer system. Properties could not be forced to connect even with a change of ownership or if a vacant lot is developed. I am allowing Bill 229 to pass because I do not want to affect an ongoing project, but i strongly suggest the Council reexamine this measure in the near future and do the remedial work necessary to make implementation of this Bill successful. If we do not address these concerns now, we may be compelled to make changes in the future. Sincerely, en K. amashiro YOR