HomeMy WebLinkAboutORD 1992-077 1992-1994COUNTY OF HAWAII; , ~ STATE OF HAWAII
BILL NO. s9s
(Draft 3)
ORDINANCE NO. 92 ?~
AN ORDINANCE AMENDING CHAPTER 21 OF THE HAWAII COUNTY CODE 1983,
RELATING TO SEWERS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. In 1972, the Congress enacted the Federal
Water Pollution Control Act (PL92-500) to restore and maintain the
chemical, physical and biological integrity of the nation's water.
As a result of this law and subsequent amendments, the federal
government through the U.S. Environmental Protection Agency (EPA)
has instituted a construction grants program that provides funding
for the major portion of construction costs of municipal wastewater
collection, treatment and disposal systems. In order to be eligible
to receive these grants, a municipality must have an acceptable
sewer user charge system to recover operation, maintenance, and
replacement (O,M, & R) costs necessary to properly operate
wastewater facilities funded by the program.
The sewer user charge system currently being utilized by the
County is not in compliance with the federal guidelines. Updating
and revising the County's sewer user charge system to satisfy
current requirements of the State of Hawaii Department (DOH) and EPA
are conditions written into present federal grants.
The federal rules and regulations state that an acceptable sewer
user charge system must be designed to produce adequate revenues
required for operation and maintenance (including replacement). The
system shall provide that each user which discharges pollutants that
cause an increase in the cost of managing the effluent or sludge
from the treatment works shall pay for such increased cost. In
essence, the Federal regulations require that the system must
collect sufficient revenues to insure that the Federally-funded
treatment works are properly maintained and operated and that all
users of the system shall pay their proportionate share based on the
users' proportionate wastewater loading.
The purpose of this bill is the adoption of such a sewer charge
system for the county which will conform to the rules and
regulations promulgated by the U.S. Environmental Protection Agency
under 40 CRF Part 35 "Grants for Construction of Treatment Works",
Federal Register, Volume 49 no. 34, dated February 17, 1984, and
satisfy DOH requirements.
SECTION 2. Chapter 21, article 1, section 21-2(a)(1), of the
Hawaii County Code 1983, relating to definitions, is amended to read
as follows:
"(1) "Accessible to a sewer" means having a sanitary sewer with
[or without] laterals available to the lot."
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SECTION 3. Chapter 21, article 1, section 21-2, of the Hawaii
County 1983, relating to definitions, is amended by adding a new
item to be appropriately numbered and to read as follows:
"[ ) "Unoccupied unit" means a unit that is not occupied
but has accessibility to a sewer. plumbinq fixtures located on it
and currently receives a water bill."
SECTION 4. Chapter 21, article 4, section 21-29, of the Hawaii
County Code 1983, is amended to read as follows:
"Section 21-29. Sewer user charges for non-residential
customers. Sewer user charges for non-residential customers shall
be assessed to all lots accessible to a sewer whether connected or
not. User charges for sewer service to non-residential customers,
which include industrial, commercial, agricultural, governmental and
miscellaneous services users [and] hotel, [condominiums,
townhouses, apartment buildings and dormitories,] and service
stations shall be based on water volume usage based on water meter
reading and shall be assessed [ninety-five percent of the water
bill;] according to the schedule shown under section 21-36.1;
provided that water consumed for the purpose of coolers or swimming
pools shall not be included in water consumption totals on which
these [percentages] ra are based. No sewer charges shall be
levied on water used for [irrigations] irrigation or other uses only
when separate water meters are installed for such purposes, and the
water drawn through such [meter] m rs is not discharged into the
sanitary system. A minimum monthly charge shall be applicable and
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shall be equal to [$11.50 per month.] the schedule under
section 21-36.1. Unoccupied units will be assessed a monthly
maintenance fee equal to the current minimum monthly charge."
SECTION 5. Chapter 21, article 4, section 21-29.1 of the Hawaii
County Code 1983, is amended to read as follows:
"Section 21-29.1. Charges for private haulers discharging
wastewater into a municipal facility.
(a) A minimum charge [of $10 per load or $10 per five hundred
gallons of wastewater or fraction thereof] according to the schedule
shown under section 21-36.1, shall be made for 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;
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(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 6. Chapter 21, article 9, section 21-31, of the Hawaii
County Code 1983, is amended to read as follows:
"Section 21-31. Sewer charges for residential customers shall be
assessed to all lots accessible to a sewer whether connected or
not. [Monthly] User charges for sewer services to residential
customers, which include service for single-family dwellings,
duplexes, housing projects, [and service stations] condominiums.
townhouses, apartments, and dormitories shall be [$11.50 per unit]
according to the schedule shown under section 21-36.1."
SECTION 7. Chapter 21, article 4, section 21-32, of the Hawaii
County Code 1983, is amended to read as follows:
"Section 21-32. Billings of charges; payment; late penalty.
(a) The sewer service charge levied pursuant to this chapter
shall be collected by the director of finance or any bank designated
by the wastewater division as an agent for collection. Billings for
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sewer service charges of non-residential and residential users shall
be processed monthly or bi-monthly in accordance with the department
of water supply billing cycle. Billing for single family and duplex
residential customers shall be processed [monthly] bi-monthly.
(b) Payment shall be made within thirty days after billing. A
ten percent penalty shall be imposed upon accounts which are sixty
or more days overdue.
(c) Charges for sewer service shall be billed to the same
customer as the department of water supply unless otherwise notified
in writing by the owner or owners of the lot, parcel of land,
building or premises, or their representative.
(d) User fees collected from lots that were classified under
accessible but under the revised definition are now classified as
not accessible shall be reimbursed for the amount collected "
SECTION 8. Chapter 21, article 4, section 21-33, of the Hawaii
County Code 1983, is amended to read as follows:
"Section 21-33. Charges for discontinued service.
(a) For any lot, building, dwelling unit or premises for which
connection is made with the sanitary sewerage system [and which
begins to discharge sewage, any industrial waste, water or other
liquid into one of the sanitary sewerage system, either directly or
indirectly after March 3, 1967], a sewer service charge shall be
made pursuant to this chapter starting from the first day of the
month following the date of connection."
SECTION 9. Chapter 21, article 4, section 21-34, of the Hawaii
County Code 1983, is amended to read as follows:
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"Section 21-34. Sewer Fund designated; disposition of funds.
The funds received from the collection of the sewer 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" and shall be expended for the purpose authorized.
The County Sewer Fund shall consist of [two] hr a 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 Cost Account."
Expenditures from this account shall be for items such as billing
expenses, debt service charges, construction costs, [etc.l and other
costs not related directly to the operation and maintenance of
sewage treatment system. The revenues for this account will come
from the sewer service charges.
The third account will be the "Equipment Replacement Expenses
Reserve Account." This account will set aside a portion of the
revenue for sewer service charges as a cushion for equipment
replacement expenses to compensate for fluctuation in the amount of
payment out of the account for eguipment_xeplacement.
This financial management system shall be maintained by the
wastewater division and based on an adequate budget identifying
basis for determining the annual operating and maintenance cost and
costs of personnel, material, energy, and administration."
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SECTION 10. Chapter 21, article 4 of the Hawaii County Code
1983, is amended by adding a new section on wastewater service
charge rates to read as follows:
"Section 21-36 1 Wastewater Service Charge Rates
Effective Date*
7/01/92 7/01/93
A. Residential Sewer Service Charges:
1. Single Familv Dwelling including duplexes
Monthlv Base Rate Charge per Unit $14 00 18.00
2, Multi Unit Dwelling, including condominiums.
townhouses, apartments, and dormitories
Monthlv Base Rate Charge per Unit.......... $14.00 18.00
Monthly Usage Charge per 1000 gallons
(after the first 8000 gallons) per Unit.... $ 2.20 2.20
3. Minimum Monthly Charge per Unit............ $14.00 18.00
B. Non-residential User Charges:
1. Non-residential charges per 1000
gallons of metered water usage $ 2 20 2.20
2 Service Stations $14 00 1 .00
3. Minimum Monthlv Non-Residential Charges.... $14.00 18.00
C. Private Haulers Discharge Fee:
1. Discharge fee per 500 gallons or
fraction thereof. $20.00 30.00
2. Minimum Charge per load.. $20.00 30.00"
*Rate begins on first full billing cycle after effective date.
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SECTION 11. 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 12. If any provision of this ordinance or 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.
SECTION 13. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCI MEMBER, COUNT
Kona, Hawaii
Date of Introduction: June 3, 1992
Date of 1st Reading: June 3, 1992
Date of 2nd Reading: June 17, 1992
Effec tive Date: June 25, 1992
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HAWAII
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