HomeMy WebLinkAboutORD 1985-015 1984-1988COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 1142
Dra t 3)
ORDINANCE NO. 85 15
AN ORDINANCE AMENDING CHAPTER 21 OF THE HAWAII COUNTY CODE
RELATING TO SEWER.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 21, Article 1, Section 21-2, of the
Hawaii County Code is amended by adding new definitions to be
appropriately inserted and to read as follows:
"( ) '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 pipet, 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,
Ward 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."
SECTION 2. Chapter 21, Article 2, Section 21-6, of the
Hawaii County Code 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 he properly designed and connected. Where
public sewer is not accessible, the requirements for proper
disposal of sanitary sewage for the subdivision shall be
determined by the State department of health and the engineer."
SECTION 3. Chapter 21, Article 4, Section 21-29, of the
Hawaii County Code is amended to read as follows:
"Section 21-29. (Rates based on metered-water consumption.
(a) Monthly charges for sewer service shall be based on a
percentage of the total charge for metered-water consumption as
may he applicable to each lot, land, building, dwelling or
premises, provided that water consumed for the purpose of coolers
or swimming pools shall not he included in water consumption
totals on which these percentages are based. Such percentages of
total charges shall be fifty percent for the district of North
Kona and seventy-five percent for all other districts in the
County; provided that:
(1) In the case of single residences or service stations a
maximum charge of $5 monthly shall not he exceeded.
(2) In the case of multiple residences, a maximum charge of
$5 multiplied by the number of families occupying the multiple
residence shall not he exceeded.
-2-
(3) In the case of hotels or business, no maximum service
charge shall apply.
(4) In the case of industries in which a substantial
proportion of metered-water consumed does not enter into the sewer
system, service charges shall be based upon the applicable
percentage of total charges on the proportion of metered-water
entering the sewer system.] Sewer user charges for
non-residential customers User charges for sewer service to
non-residential customers, which include industrial, commercial,
agricultural, governmental and miscellaneous services users and
hotel, condominiums, townhouses, and dormitories, shall be based
on water volume usage based on water meter reading and shall be
assessed 65 percent of the water bill• provided that water
consumed for the purpose of coolers or swimming Pools shall not he
included in water consumption totals on which these percentages
are based No sewer charges shall be levied on water used for
irrigations or other uses when separate water meters are installed
for such urposes, and the water drawn through such meter is not
discharged into the sanitary sewage system."
SECTION 4. Chapter 21, Article 4, Section 21-30, of the
Hawaii County Code is amended to read as follows:
"Section 21-30. (Flat rate water consumption.] Sewer user
charges based on flat rate. The engineer may establish a flat
rate for sewer services for sewered properties (residential and/or
non-residential) utilizing public or private water systems. The
-3-
flat rate may he 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 he reviewed annually. (A
minimum monthly charge shall he applicable, and shall be similar
to that stipulated above for the users of the County department of
water supply.]"
SECTION 5. Chapter 21, Article 4, Section 21-31, of the
Hawaii County Code is amended to read as follows:
"Section 21-31. (Sewer rates for Kulaimano area.
(a) Monthly charges for sewer service for the Kulaimano area
shall he based as follows:
(1) Monthly Flat Rate
Single-family residential ....................$5.50/month
Multi-family dwelling units .............$5.00/unit/month
(2) Monthly use charges for government, commercial, and
industrial users shall be based on water volume usage based on
water meter readings and shall be assessed $0.65 pec one thousand
gallons; provided all such users shall he charged a minimum of $5
per month.] Sewer user charges for residential customers.
Monthly user charges for sewer service to residential customers,
which include service for single-family dwellings,
duplexes apartment buildings, housing projects, and service
stations shall he $7.50 per unit."
-4-
SECTION 6. Chapter 21, Article 4, of the Hawaii County Code
is amended by adding new sections to read as follows:
"Section 21-31.1. Rates based on ad valorem taxes.
Residential and non-residential 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 21-31.2. 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 7. Chapter 21, Article 4, Section 21-34, of the
Hawaii County Code shall be amended to read as follows:
"Section 21-34. 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(.]' (When appropriated by the
council, the fund or portion thereof shall be available for the
payment of the cost of the management, maintenance, operation,
repair, replacement and extension of the sanitary sewerage
system. In the event that any balance remains upon the payment of
the cost of the management, maintenance, operation, repair, or
replacement of the sanitary sewerage system, such balance shall be
used for the payment of interest or principal of any existing
bonded indebtedness or any bonded indebtedness which may be
-5-
incurred for the construction of such sanitary sewerage system)
and shall be expended for the purpose authorized.
The County Sewer Fund shall consist of two accounts. The
first account will be the 'User Charge Account' and the revenues
for this account will come only from the sewer service charges.
Expenditures from this fund shall be limited for the purpose of
carrying out the operation and maintenance of the sewage treatment
system, including replacement.
The second account will be the 'Fixed Costs Account.'
Expenditures from this account shall be for items such as billing
expenses, debt service charges, construction costs, etc.
This financial management system shall be maintained by the
Bureau of Sewers and Sanitation and based on an adequate budget
identifying basis for determining the annual operating and
maintenance cost and the costs of personnel, material, energy, and
administration."
SECTION R. Chapter 21, Article 4, Section 21-35, is amended
to read as follows:
"Section 21-35. (Treatment facilities funded by Federal
grant.
(a) The user charges attributed to any wastewater treatment
facility funded by Federal grant issued under PL 92-500, as
amended, shall be reviewed and evaluated annually and revised if
necessary on the basis of actual operation and maintenance costs.
(b) An industrial cost recovery system will be established
and placed in operation at the time the first industrial user
-6-
introduces industrial waste into a wastewater treatment facility
funded by Federal grant issued under PL 92-500, as amended.]
Miscellaneous reouirements.
(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."
SECTION 9. Material to be repealed is bracketed. New
material is underscored. In printing this ordinance, the
underscoring need not be included.
SECTION 10. 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 he given effect without the invalid
provision or application, and to this end, the provisions of this
ordinance are declared to be severable.
-7-
SECTION 11. This ordinance shall take effect September 1,
1985.
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
February 8, 1985
February 8, 1985
February 14, 1985
September 1, 1985
-8-