HomeMy WebLinkAboutBIL 146 Draft 02 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 146
ORDINANCE NO.
(DRAFT 2)
AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 5, SECTION 21 -37 AND
SECTION 21 -42 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS
AMENDED), RELATING TO THE SEWER LOAN CONNECTION PROGRAM.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The purpose of this ordinance is to: (a) clearly articulate that the
sewer loan connection program is not restricted to residential dwellings; and (b) permit lot
owners approved for the County Sewer Connection Loan Program to select their own
contractors.
SECTION 2. Chapter 21, article 5, section 21 -37 of the Hawai`i County Code 1983
(2005 Edition, as amended) is amended to read as follows:
"Section 21 -37. Findings and purpose.
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 Hawai`i, as
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.
varies greatly with the geology (soil or rock), the elevation of the house in relation to the lateral,
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 Hawai`i to ensure full utilization of those facilities
treatment and conveyance project, Federal EPA -Grant no. C150062 02, condition no. 14 of Grant
to the collection system. For the Kailua Kona Sewerage
l.;. .- -
residences to collection sewers]
Section 21 -5, requires connection to the sewer of lots accessible to a sewer. 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 Hawai`i assists owners to connect to the sewer by guaranteeing
loans for this purpose.
The guaranteed loan program would allow the owner to get a County- guaranteed loan from
the bank or other financial institution after it agrees that the County of Hawai`i shall place a lien
on the property at the time the loan closes. The lien would be for the [hookup cost, interest,] loan
amount and related fees and [loan] costs. The County of Hawai`i 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. [
:
the County guaranteed loan program.]
This law shall cover the sewer connections which will be required in the following
increments:
Waiakea Houselots
Waiakea Mill Pond
Ainako "A"
Kalaniana`ole Laterals
Ainako "B"
(Optional Hookups)
Ali`i Drive "A" — "F"
Honoka` a
110 lots
100 lots
114 lots
125 lots
93 lots
100 lots
200 lots
[ -1-00] 106 lots"
SECTION 3. Chapter 21, article 5, section 21 -42 of the Hawai`i County Code 1983
(2005 Edition, as amended) is repealed:
"Section 21 -42. [Connection ntract.] Reserved.
sewer at the price estimated in the proposal.
contractor selected pursuant to this article. This shall be a condition of any loan guaranteed
by the County of Hawai`i.]"
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SECTION 4. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance, is held invalid, such invalidity does 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 to be severable.
SECTION 5. Material to be repealed is bracketed and stricken. Material to be added is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 6. This ordinance shall take effect upon its approval.
, Hawai`i
Date of Introduction:
Date of 1St Reading:
Date of 2nd Reading:
Effective Date:
REFERENCES Comm: 471.2
INTRODUCED BY:
COUNCIL MEMBE ►O ► Y OF HAWAII
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