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HomeMy WebLinkAboutBIL 043 Draft 01 1988-1992COUNTY OF HAWAII STATE OF HAWAII Bill No. 43 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 21 OF THE HAWAII COUNTY CODE 19839 RELATING TO SEWERS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this bill is to provide for a logical and fair plan to connect lots to the sewer system. This plan balances the need for maximum efficient utilization of the sewer system with the cost and difficulty of connecting individual lots to sewers. The plan put forward in the bill deals with all lots which are accessible to a sewer, whether or not the lot has a lateral available, if those lots have plumbing fixtures. A lot is accessible to a sewer if it is on a street or road which has a sewer main or branch. The plan requires each of these lots to be connected to the available sewer within 120 days of notification by the County's chief engineer or the State department of health. The lots would not be allowed to be used or occupied if this requirement were not met after such notification. There would be exceptions to the plan in two instances: First, if the lot had fixtures on it and working prior to July 1, 1989, providing that the lot's existing waste disposal systems did not violate existing health, 6 sanitation, or nuisance regulations; and second, if the lot were below the level of the sewer and would require a pump to lift the waste to the sewer. These exceptions under the plan would not apply to the excepted lots if certain changes happen. These would be: First, if the lot owner were notified in writing by the chief engineer or the State department of health that the existing disposal system violates health, sanitation, or nuisance regulations; second, if sewer services are provided after July 1, 1989, by municipal expansion; third, when the ownership of the lot changes by sale, inheritance, gift, or any other means; fourth, when the building is renovated at a cost in excess of 50 percent of its existing value; and fifth, when a change in the use of the lot occurs. SECTION 2. Chapter 21, article 2, section 21-2, of the Hawaii County Code is amended by adding a new definition to be appropriately numbered and to read as follows: "( ) 'Accessible to a sewer' means having a sanitary sewer with or without laterals available to the lot." SECTION 3. Chapter 21, article 2, section 21-5, of the Hawaii County Code is amended to read as follows: "Section 21-5. Connection to sewer required. [Every lot which is accessible to a sewer shall be connected to the sewer if any plumbing fixtures are located on it; provided that 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 -2- sewage to proper elevation for discharge into the sewer. If such plumbing fixtures have not been connected to a sewer within thirty days after the lot owner has been notified to do so by the engineer or the State department of health, the premises shall not be used or occupied as a habitation or for any purpose for which plumbing fixtures are necessary.] (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 calendar 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 are necessary. (b) Exceptions are as hereafter provided: (1) This section shall not apply to lots accessible to a sewer which have plumbing fixtures located on it and which were in existence prior to the date of July 1, 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 discharge into the sewer. (c) However, connection to the sewer for lots under the exemption provided by section 21-5(b)(1) shall henceforth be -3- V required to connect to the sewer in accordance with section 21-5(a) after July 1, 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. occurs. (3) When a change of ownership of the subject lot (4) When the cost of a building renovation exceeds 50 percent of the existing value as determined by the building (5) When a change in use of the subject lot occurs." SECTION 4. 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 be properly designed and connected. For areas planned for sewers within the next ten years, developers are required to install interceptor, household, and collection sewers, even if they will not be used until the area is sewered. Where public [sewer is] sewers are not accessible or dry sewers planned, the requirements or interim requirements for -4- proper disposal of sanitary sewage for the subdivision shall be determined by the State department of health and the chief engineer." SECTION 5. Chapter 21, article 2, section 21-9, of the Hawaii County Code is amended to read as follows: "Section 21-9. Prohibited wastes. (a) Except as hereafter provided in this chapter, no person shall, directly or indirectly, discharge or cause to be discharged into a public sewer any of the following: (1) Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit; (2) Any water or waste which may contain more than one hundred parts per million, by weight, of fat, oil or grease; (3) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas; (4) Any garbage that has not been properly shredded; (5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works; (6) Any water or wastes having pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works; -5- (7) Any water or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters; [or] (8) Any noxious or malodorous gas or explosive liquids or substance capable of endangering public property and safety, or creating a public nuisance[.] ; or (9) Other restrictions as provided in accordance with. regulations or requirements of the State department of health or the U. S. environmental protection agency." SECTION 6. Chapter 21, article 4, section 21-29, of the Hawaii County Code is amended to read as follows: "Section 21-29. 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 hotels, condominiums, townhouses, apartment buildings and dormitories, shall be based on water volume usage based on water meter reading and shall be assessed [85] ninety-five percent of the water bill; provided that water consumed for the purpose of coolers or swimming pools shall not be 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 only when separate water meters are installed for such purposes, and the water drawn through such meter is not discharged into the sanitary sewage system. A minimum monthly charge shall be applicable and shall be equal to $11.50 per month." SECTION 7. Chapter 21, article 4, section 21-29.1 of the Hawaii County Code is amended to read as follows: "Section 21-29.1. Charges for private haulers discharging wastewater into a municipal facility. [A minimum charge of $20.00 or $20.00/1000 gals. of wastewater shall be made for discharging of pumping waste (i.e. cesspool septage, chemical toilet waste, sludge, etc.) into any municipal system. The hauler shall be responsible to notify the receiving facility personnel of the type of waste and discharge schedule. Preliminary treatment of the wastewater may be required prior to disposing of the waste into the system.] (a) A minimum charge of $10 per load or $10 per five hundred gallons of wastewater or fraction thereof shall be made for the 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. -7- (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; facility; (3) The date of pumping of each cesspool or other (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." SECTION &. Chapter 21, article 4, section 21-31, of the Hawaii County Code is amended to read as follows: "Section 21-31. Sewer user charges for residential customers[.] shall be assessed to all lots accessible to a sewer whether connected or not. Monthly user charges for sewer service to residential customers, which include service for single-family dwellings, duplexes, housing projects, and service stations shall be [$10.00] $11.50 per unit. Unoccupied units will be assessed a monthly maintenance fee equal to the current monthly sewer user fee." SECTION 9. Chapter 21, article 4, section 21-32, of the Hawaii County Code 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 [bureau of sewers] wastewater division through the office of the director of finance or any bank designated by the [bureau of sewers] wastewater division as an agent for collection_. [Billing shall be made monthly for commercial and industrial users and bi-monthly for residential properties.] Billing for sewer service charges of non-residential users shall be processed monthly or bi-monthly in accordance with the department of water supply billing cycle. Billing for residential customers shall be processed 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. Non-payment may result in a lien being placed on the property. (c) Charges for sewer service will be billed to the owner or owners of the lot, parcel of land, building or premises, or their representatives." SECTION 10. Chapter 21, article 4, section 21-33, of the Hawaii County Code is amended to read as follows: mom "Section 21-33. Charges for [first and last months of] discontinued service. (a) For any lot, building, dwelling unit or premises for which connection is made with the sanitary sewerage systems and which begins to discharge sewage, any industrial waste, water or other liquid into one of the sanitary sewerage systems, 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 the connection. (b) Where it is proposed to discontinue any connection to the sewer from any lot, parcel of land, building or premises upon a written notice being given to the [bureau of sewers] wastewater division by the owner or tenant of such lot, parcel of land, building or premises, [the bureau of sewers shall disconnect] such lateral sewer shall be disconnected by the owner or tenant, and the sewer charges for the month within which such discontinuance of sewer service takes place shall be for the full month based on the regular monthly charge to such lot, parcel of land, building, dwelling unit or premises." 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 the application thereof to any person or circumstance is held -10- 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 immediately with the exception of sections 21-29, 21-29.1, 21-31, and 21-32, which shall take effect on July 1, 1989. Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -11- INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII