HomeMy WebLinkAboutORD 2008-117 2006-2008COUN'T'Y OF HAWAII
STATE OF HAWAII
BILL NO. s2s
ORDINANCE NO. Q8 117
AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 5, SECTION 21-37 OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION AS AMENDED) RELATING TO THE
SEWER CONNECTION LOAN PROGRAM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 21, article 5, section 21-37 of the Hawaii County Code 1983
(2005 Edition, as amended), is amended to read as follows:
"Section 21-37. Findings and purpose.
Increasingly strict Federal and State government requirements springing from the
Federal Water Pollution Control Act, P.L. 92-500, commonly called the Clean Water Act,
have been placed on local governments to upgrade the treatment of wastewater. The
County of Hawaii, as a condition of receiving Federal construction grants for wastewater
treatment facilities, has been mandated by the Environmental Protection Agency to
construct sewer lines and laterals in Hilo and Kona and to expedite full utilization of the
collector lines by requiring existing houses adjacent to those sewer lines and laterals to
connect to the sewer system.
While sewer connections to future new subdivisions can be planned to minimize
the cost and the cost can be amortized in the mortgage, sewer connections to existing
houses are more problematic. The cost of connecting an existing house to the sewer can
be very expensive and varies greatly with the geology (soil or rock), the elevation of the
house in relation to the lateral, the distance from the house to the lateral, and the
topography and improvements between the house and the lateral. Many of the houses
mandated for sewer hookup are owned by elderly people on fixed incomes who may find
it financially difficult or impossible to pay for the connection at an estimated cost ranging
from $3,000 to over $30,000.
Section 21-5, requires connection to the sewer of lots accessible to a sewer.
Conditions of Federal Environmental Protection Agency grants for construction of
wastewater facilities in Hilo and Kailua-Kona also require the County of Hawaii to
ensure full utilization of those facilities by mandating connection of existing houses to
the sewer systems. For the Hilo wastewater treatment and conveyance project, Federal
EPA Grant no. C150062 02, condition no. 14 of Grant amendment no. 1 requires the
County of Hawaii to enforce the sewer use ordinance and require each and every
existing dwelling or dwelling equivalent accessible to a sewer in Hilo to connect to the
collection system. For the Kailua-Kona Sewerage System, Federal EPA Grant no.
C150080 06, condition no. 8 requires the County of Hawaii to assure the timely hookup
of residences to collection sewers.
The connection cost may be financially burdensome for many owners. Therefore, ,
the council finds that, in order to assure that all possible lots are connected to the sewer to
meet Federal and State requirements, it is in the public interest to create, in cooperation
with a bank or other financial institution, a program by which the County of Hawaii
assists owners to connect to the sewer by guaranteeing loans for this purpose.
The guaranteed loan program would allow the owner to get aCounty-guaranteed
loan from the bank or other financial institution afrer it agrees that the County of Hawaii
shall place a lien on the property at the time the loan closes. The lien would be for the
hookup cost, interest, loan fees and loan costs. The County of Hawaii would guarantee
the bank or other financial institution that it will pay the balance of the loan in full should
the owner default on the loan. If the owner cannot qualify for a loan, the County of
Hawaii will pay a contractor for the hookup, and charge the same interest rate as the
bank or financial institution that handles the County-guaranteed loan program.
This law shall cover the sewer connections which will be required in the
following increments:
[aOLeiekea]Waiakea Houselots 110 lots
[Weiakee]Waiakea Mill Pond 100 lots
Ainako "A" 114 lots
[Kelaaianaele]Kalaniana`ole Laterals 125 lots
Ainako "B" 93 lots
(Optional Hookups) 100 lots
[A-4ii]Ali`i Drive "A" - "F" 200 lots
Honoka`a 100 lots"
SECTION 2. 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 3. 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 this ordinance which can be given effect without the invalid provision or application, and to
this end, the provisions of this ordinance are declazed to be severable.
SECTION 4. This ordinance shall take effect upon its approval.
COUNCIL MEMBER,
Kona, , Hawaii
Date of Introduction:
Date of 151 Reading:
Date of 2"d Reading:
Effective Date:
August 13, 2008
August 13, 2008
August 27, 2008
September 10, 2008
REfERENGE~ Comm: 133_ 1
2
INTRODUCED BY:
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona,Hawai`i _,~.:r.
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS: Dominic Yagong
August 13, 2008
August 13, 2008
August 23, 2008
Second Reading: August 27, 2008
To Mayor: September 5, 2008
Returned: September 10, 2008
Effective: September 10, 2008
Published: September 18, 2008
REA9ARKS:
/ UCI L-LEREBY CERTIFY that the foregoing BILL was adopted
iradiecued above. ~
APPROVED AS TO
FORM AND LE~G~ALITY:
~'iGS~/iiF~c~~/~~~
~~ ROLL CALL VOTE
NOES ABS EX
Ford ~~t~f'_li S fX ;:r
Higa'~lJiJi`d r ~ n.X_.~.~,; ~,rUi
Hoffmann X
Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
9 0 0 0
ROLL CALL VOTE
AYES NOES ABS EX
Ford X
Higa X
Hoffmann X
Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimo[o X
9 0 0 0
DEPUTY CORPORATION'COUNSEL
COUNTY OF HAWAII
Date
County Council published as
COUNCIL
COUNTY
J,G.+
prove Di.cnpproved this ~ 0 day
~J- e,+rn ban- , zo o g
Bill No.: 325
C-1331/EMC-15
Reference:
Ord No.: ~8 117
11 }'OR. CY~IUNTYOFHAWAI'I