HomeMy WebLinkAboutChapter 21 SewersCHAPTER 21
SEWERS
Article 1. General Provisions.
Section 21-1. Intent of chapter.
Section 21-2. Definitions.
Section 21-3. Tampering with public sewers.
Section 21-4. Sealing disconnected sewers.
Article 2. Public Sewers.
Section 21-5. Connection to sewer required.
Section 21-6. Subdivisions.
Section 21-7. Industrial wastes of unusual strength.
Section 21-8. Drainage of storm water and unpolluted water into sewers.
Section 21-9. Prohibited wastes.
Section 21-10. Volume and rate of discharge; additional flow beyond capacity.
Article 3. Sewage Works and Connections.
Division 1. General Provisions.
Section 21-11. Disposal of sewage into natural outlet; treatment and disposal
plan required.
Section 21-12. Pumping stations.
Section 21-13. Sewer mains.
Section 21-14. Laterals.
Section 21-15. Construction standards.
Section 21-16.
Section 21-17.
Section 21-18.
Section 21-19.
Division 2. Subdivisions.
Cost of construction.
Approval of plans required; time limit for beginning work.
Inspections during construction required; costs.
Acceptance of sewage works and treatment facilities.
Division 3. Laterals.
Section 21-20. Application.
Section 21-21. Location.
Section 21-22. Construction specifications.
Section 21-23. Deposit required; inadequate deposit; refunds.
i
Section 21-24.
Section 21-25.
Section 21-26.
Section 21-26.1.
Section 21-27.
Section 21-28.
Charge for pre-existing lateral.
Permit to connect; plumbing permit prerequisite; fee.
Division 4. Extensions.
Applications for extensions.
Approval of extensions of the public sewer system.
Determination of construction specifications.
Payment of costs; construction by the applicant or by the County.
Article 4. Sewer Service Charges.
Section 21-29. Sewer user charges for nonresidential customers.
Section 21-29.1. Charges for private haulers discharging wastewater into a
municipal facility.
Section 21-30. Sewer user charges based on flat rate.
Section 21-31. Sewer user charges for residential customers.
Section 21-31.1. Rates based on ad valorem taxes.
Section 21-31.2. Infiltration/inflow expenses.
Section 21-32. Billing of charges; payment; late penalty.
Section 21-33. Charges for discontinued service.
Section 21-34. Sewer fund designated; disposition of funds.
Section 21-35. Miscellaneous requirements.
Section 21-36. Penalty.
Section 21-36.1. Wastewater service charge rates.
Section 21-36.2. Remission of charges.
Article 5. Sewer Connection Loan Program.
Section 21-37. Findings and purpose.
Section 21-38. Definitions.
Section 21-39. Sewer connection loan program.
Section 21-40. Loan application.
Section 21-41. Default procedure.
Section 21-42. Reserved.
Section 21-43. Reserved.
Section 21-44. Waiver of liability.
Section 21-45. Reserve fund.
Section 21-46. Reserved.
ii
SEWERS § 21-1
CHAPTER 21
SEWERS
Article 1. General Provisions.
Section 21-1. Intent of chapter.
It is the intention of the sewer code to regulate the use of all public sewers. A
further intent of this code is to fix the rates of installing lateral and service charge on
lots furnished with sewer service.
(1983 CC, c 21, art 1, sec 21-1.)
Section 21-2. Definitions.
As used in this chapter, unless the context specifically indicates otherwise:
"Accessible to a sewer" means having a sanitary sewer with laterals available
to the lot.
B.O.D. (biochemical oxygen demand)" means the quantity of oxygen utilized
in the biochemical oxidation of organic matter under standard laboratory procedure
in five days at twenty degrees centigrade, expressed in milligrams per liter by
weight.
"Building or house sewer" means that portion of the sewer line extending from
a building to the public sewer or private disposal system.
"Cesspool" means an individual wastewater system consisting of an excavation
in the ground whose depth is greater than its widest surface dimension, which
receives untreated wastewater and retains the organic matter and solids
discharging therein, but permits the liquid to seep through the bottom or sides to
gain access to the underground formation.
"Commission" means the environmental management commission of the
County.
"Connection" means an opening in the public sewer to which the building
sewer may be connected.
"Director" means the director of the department of environmental
management, or the director's authorized representative.
"Equivalent population" means the calculated population which would
normally contribute the same amount of suspended solids, biochemical oxygen
demand or volume of flow per day as the daily wastes discharged by an industrial
or commercial establishment, using as standard basis pounds of suspended solids or
biochemical oxygen demand and one hundred gallons per capita per day.
"Extension" means the continuation of an existing public sewer through public
or private property not owned, in whole or in part, by the applicant or owner of the
particular property or subdivision to be served.
"Gang cesspool" means a cesspool designed to accept sewage from two or more
sources.
21-1
§ 21-2 HAWAII COUNTY CODE
"Garbage" means solid wastes from the preparation, cooking and dispensing of
food and from the handling, storage and sale of produce.
"Garbage, properly shredded" means food wastes that have been properly
shredded to such a degree that all particles will be carried freely under normal flow
conditions in public sewers.
"Grease" means any material which is extractable from an acidified sample of
a waste by hexane or other designated solvent and as determined by the
appropriate procedure in Standard Methods. (Includes fats and oils.)
"Grease traps" means a pretreatment device designed and installed to
separate fats, oils, and grease from wastewater.
"Industrial wastes" means the liquid wastes from industrial processes.
"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 pipes, 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, yard 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.
"Lateral" means a side sewer from a public branch or main sewer to the
property line to serve one or more lots.
"Main" means a sewer to which several laterals or other branch sewer lines
are connected.
"Natural outlet" means any natural outlet into a watercourse, pond, ditch, lake
or other body of surface or ground water.
"pH" means the logarithm of the reciprocal of the weight of hydrogen ion in
grams per liter of solution.
"Public sewer" means a sewer system, including a cesspool and a gang cesspool
system, controlled by the County.
"Sanitary sewer" means a sewer which carries sewage and to which storm and
surface waters and drainage are not intentionally admitted.
"Sewage" means a combination of the water -carried wastes from residences,
business buildings, institutions and industrial establishments.
"Sewage treatment plant" means any arrangement of devices and structures
used for treating sewage.
"Sewage works," "sewer system," or "sewer," means all public facilities for
collecting, pumping, treating and disposing of sewage.
"Subdivision" means a division of a piece of property into two or more lots.
21-2
SEWERS § 21-2
"Suspended solids" means solids that are in suspension in sewage or waste
waters, and which are removable by laboratory filtering.
"Unoccupied unit" means a unit that is not occupied but has accessibility to a
sewer, plumbing fixtures located on it, and currently receives a water bill.
(1983 CC, c 21, art 1, sec 21-2; am 1985, ord 85-15, sec 1; am 1986, ord 86-119, sec 3; am
1987, ord 87-71, sec 1; am 1988, ord 88-7, sec 6; am 1989, ord 89-68, sec 2; am 1992, ord
92-77, secs 2 and 3; am 2000, ord 00-82, secs 1 and 2; am 2001, ord 01-108, sec 1; am
2002, ord 02-66, sec 8.)
Section 21-3. Tampering with public sewers.
A written permit from the director shall be required for any person to:
(1) Obstruct or otherwise make inaccessible any portion of the public sewer;
(2) Uncover or molest in any way, any public sewer; or
(3) Throw anything into any sewer manhole.
(1983 CC, c 21, art 1, sec 21-3; am 2002, ord 02-66, sec 4.)
Section 21-4. Sealing disconnected sewers.
No person shall remove or demolish any building or structure with plumbing
fixtures connected directly or indirectly with the public sewer without first notifying the
director of such intention. All openings in the sewer line caused by the removal of any
building or structures shall be sealed in such a manner as to prevent earth, debris, rain,
surface, storm or other water from entering the public sewer system.
(1983 CC, c 21, art 1, sec 21-4; am 2002, ord 02-66, sec 4.)
Article 2. Public Sewers.
Section 21-5. Connection to sewer required.
(a) Owners of all dwellings, buildings, or properties used for human occupancy,
employment, recreation, or other purposes, which are accessible to a sewer are
required at their expense to connect directly with the public sewer within one
hundred eighty days after date of official notice.
(b) If, due to rock, wastewater collection system depth, or other construction problems,
a building cannot be practically served, the owner shall install, operate and
maintain a residential pumping station.
(c) The director may grant a variance/exemption of the foregoing connection
requirements to owners of single-family dwellings existing at the time of
installation of the public wastewater system, if the following is found:
(1) There are special or unusual circumstances applying to the subject real
property which exist that render the ability to connect to a wastewater system
an extreme physical or financial hardship; and
(2) There are no other reasonable alternatives; and
(3) The variance is consistent with the general purpose of the chapter and will not
be materially detrimental to public health, safety, or welfare.
21-3
§ 21-5 HAWAII COUNTY CODE
(d) To obtain a time extension under the provisions of subsection (a) of this section,
owners must file a written request to the connection requirement before the
expiration of the aforesaid one hundred eighty days. The written request shall
document the need for the extension and the requested amount of time.
(e) Time extensions granted pursuant to subsection (d) of this section shall be for a
period not to exceed two years.
(f) An appeal from the decision of the director in subsection (c) or (d) may be filed with
the environmental management commission within thirty days of receipt of the
decision. A person is aggrieved by a decision of the director if:
(1) The person has an interest in the subject matter of the decision that is so
directly and immediately affected, that the person's interest is clearly
distinguishable from that of the general public; and
(2) The person is or will be adversely affected by the decision.
An appeal shall be in writing, in the form prescribed by the environmental
management commission, and shall specify the person's interest in the subject
matter of the appeal and the grounds of the appeal. Any such appeal shall be
accompanied by a filing fee of $50. The person appealing a decision of the director
shall provide a copy of the appeal to the director and to the owners of the affected
property and shall provide the environmental management commission with the
proof of service.
The appellant, the owners of the affected property, and the director shall be
parties to an appeal. Other persons may be admitted as parties to an appeal, as
permitted by the environmental management commission.
The director and the environmental management commission shall adopt rules
to implement this section.
(1983 CC, c 21, art 2, sec 21-5; am 1989, ord 89-68, sec 3; am 1996, ord 96-51, sec 2; am
2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 9; am 2004, ord 04-57, sec 1.)
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 ten
years after May 22, 1989, developers are required to install interceptor, household, and
collection sewers, even if they will not be used until the area is sewered. Where public
sewers are not accessible or dry sewers planned, the requirements or interim
requirements for proper disposal of sanitary sewage for the subdivision shall be
determined by the State department of health and the director.
(1983 CC, c 21, art 2, sec 21-6; am 1985, ord 85-15, sec 2; am 1989, ord 89-68, sec 4; am
2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 10.)
21-4
SEWERS § 21-7
Section 21-7. Industrial wastes of unusual strength.
(a) The County may accept into its public sewer system, an industrial waste of unusual
volume, strength or character under a special agreement or arrangement between
the County and the industrial concern, subject to payment of appropriate charges
agreeable to both parties. The contributing person shall pay a proportionate share
of the construction costs or sewer service charge based on the ratio of population
equivalent to normal design population.
(b) Where sewers, pumping stations, force main or outfall are to be provided, the
population equivalent of the wastes shall be computed on the basis of the volume of
the industrial wastes. Where primary treatment facilities are to be provided the
population equivalent of the wastes shall be computed on the basis of the
suspended solids of the industrial wastes. Where secondary treatment facilities are
to be provided, the population equivalent of the wastes shall be related to the
suspended solids as above or to the biochemical oxygen demand of the industrial
wastes, whichever is greater.
(c) Fats and greases shall not be discharged to the sewer system if their concentration
and physical dispersion results in separation and adherence to sewer structures
and appurtenances. If there is evidence of adherence of such materials to said
structures, or if such materials cause blockage in the sewer system, then the
wastewater carrying such materials must be effectively pretreated by a process or
device to effect removal from the flow before its discharge to the sewer system.
(d) Where preliminary treatment is deemed necessary by the director to render any
water or wastes acceptable for discharge into the public sewage works, suitable
preliminary treatment facilities shall be provided by the owner and maintained
continuously in satisfactory and effective operation at his expense. In the
maintaining of those interceptors, the owner shall be responsible for the proper
removal and disposal by appropriate means of the captured materials and shall
maintain records of the dates, amounts, and means of disposal which are subject to
review by the director. Grease, oil, sand and dirt interceptors, screening devices,
facilities for pH adjustment, and other necessary preliminary treatment facilities
shall be of a type and capacity as approved by the director.
(e) When the standards of the director for requiring pretreatment are less stringent
than those promulgated by the U.S. Environmental Protection Agency, the
standards of the U.S. Environmental Protection Agency will be those used for waste
flows being discharged into wastewater treatment facilities.
(1983 CC, c 21, art 2, sec 21-7; am 1987, ord 87-71, sec 2; am 2002, ord 02-66, sec 4.)
Section 21-8. Drainage of storm water and unpolluted water into sewers.
No person shall discharge or cause to be discharged, directly or indirectly, any
storm water, surface water, ground water, roof runoff, subsurface drainage, cooling
water, swimming pool water or other unpolluted drainage into any public sewer.
(1983 CC, c 21, art 2, sec 21-8.)
21-5
§ 21-9 HAWAII COUNTY CODE
Section 21-9. Prohibited wastes.
Except as hereinafter 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;
(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;
(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.
(1983 CC, c 21, art 2, sec 21-9; am 1989, ord 89-68, sec 5.)
Section 21-10. Volume and rate of discharge; additional flow beyond
capacity.
The director may prohibit admission into the public sewers of any additional
volume of water or wastes, wherever and to the extent that the existing sewage works of
the County shall not be capable of receiving and disposing of the same, together with
the normal sewage flow of that tributary area.
(1983 CC, c 21, art 2, sec 21-10; am 2002, ord 02-66, sec 4.)
21-6
SEWERS § 21-11
Article 3. Sewage Works and Connections.
Division 1. General Provisions.
Section 21-11. Disposal of sewage into natural outlet; treatment and
disposal plan required.
Where sewage is to be discharged into any natural outlet, primary or complete
treatment facilities shall be provided in accordance with regulations and requirements
of the State department of health. The type, capacity and location of the treatment
plant shall be approved by the director.
(1983 CC, c 21, art 3, sec 21-11; am 2002, ord 02-66, sec 4.)
Section 21-12. Pumping stations.
Pumping stations shall be provided where the terrain of the developable area is
such as to require pumping to lift the sewage to proper elevation for discharge to a
treatment plant site, public sewer or discharge outfall. These stations shall be of
adequate capacity and shall include the necessary physical units for proper operation,
control and maintenance. Suitable locations of these stations shall be approved by the
director.
(1983 CC, c 21, art 3, sec 21-12; am 2002, ord 02-66, sec 4.)
Section 21-13. Sewer mains.
Sewer mains shall be of length, type and size necessary to provide the area with
adequate sewage disposal and so located as not to be contrary to the location fixed for
utilities by the County master plan.
(1983 CC, c 21, art 3, sec 21-13.)
Section 21-14. Laterals.
A lateral shall be installed to provide service to each lot in accordance with section
21-22. When a lateral is required by the County in order for the landowner to receive
the final inspection approval, the County shall construct the lateral within six months
from the date of the requirement.
(1983 CC, c 21, art 3, sec 21-14; am 2004, ord 04-53, sec 2.)
Section 21-15. Construction standards.
All sewage works construction shall be performed in accordance with the latest
edition of the standard specifications for public works construction and the standard
details for public works construction.
(1983 CC, c 21, art 3, sec 21-15.)
21-7
§ 21-16 HAWAII COUNTY CODE
Division 2. Subdivisions.
Section 21-16. Cost of construction.
(a) In every subdivision where sewers, sewage pumping station, force main, outfall and
sewage treatment units are deemed necessary by the director and State
department of health, the cost of constructing such sewage works shall be borne by
the owner of the subdivision.
(b) Additional costs brought about by increasing the pipe sizes or depths of laying or
the capacity of the pumping station, force main, outfall or treatment plant to serve
areas other than the subdivision shall be borne by the County.
(1983 CC, c 21, art 3, sec 21-16; am 2002, ord 02-66, sec 4.)
Section 21-17. Approval of plans required; time limit for beginning work.
All construction plans and specifications for sewage works shall be approved by the
director. In the event that construction has not commenced within one year after date of
approval, the construction plans and specifications shall be resubmitted for reapproval.
(1983 CC, c 21, art 3, sec 21-17; am 2002, ord 02-66, sec 4.)
Section 21-18. Inspections during construction required; costs.
(a) During the construction of all sewage works, the County shall have access thereto
for inspection purposes and, if considered advisable by the director, to require an
inspector on the job continuously. At no time shall sewer work be backfilled or
covered until the director has been notified of and approved the work after proper
inspection and test. If the work is not approved, it shall be repaired or removed and
reconstructed, as directed by the director. The subdivision sewer may then be
connected to the public sewer.
(b) All costs of inspection, testing and connection to the public sewers shall be borne by
the owner of the subdivision.
(1983 CC, c 21, art 3, sec 21-18; am 2002, ord 02-66, sec 4.)
Section 21-19. Acceptance of sewage works and treatment facilities.
(a) All sewage works found acceptable by the director shall become the property of the
County and shall be maintained and operated as part of the public system. Prior to
final acceptance, the subdivider shall deliver to the County perpetual easements for
all portions of the subdivision sewer system installed in other than publicly owned
property. The subdivider shall also convey to the County fee simple title to all sites
on which a pumping station or treatment plant is constructed by the subdivider as
part of the public sewage works, together with easements for ingress and egress.
(b) Final approval and acceptance of subdivision sewage works shall not be granted
until the subdivider has settled all financial accounts with the County.
(1983 CC, c 21, art 3, sec 21-19; am 2002, ord 02-66, sec 4.)
21-8
SEWERS § 21-20
Division 3. Laterals.
Section 21-20. Application.
An application for a lateral to a lot shall be made on a prescribed form to the
bureau of sewers. If the lateral has not already been run to the property line, the
County will construct it as soon as possible at the expense of the applicant, except as
provided by section 21-14.
(1983 CC, c 21, art 3, sec 21-20; am 2002, ord 02-66, sec 11; am 2004, ord 04-53, sec 3.)
Section 21-21. Location.
New laterals shall be installed as near as practicable to the exact location desired
by the applicant, but if branches are already in the main or other outlets are available
near at hand, the lateral may be run from them. The County reserves the right to
establish the alignment of the lateral, the location of the connection and to provide
service to other lots from the same lateral.
(1983 CC, c 21, art 3, sec 21-21.)
Section 21-22. Construction specifications.
(a) All laterals shall be six inches in diameter and constructed at right angles to the
main on a minimum grade of nine -tenths of one percent, unless excepted by the
director. Each lateral shall terminate at the property line with a six-inch by four -
inch cast iron pipe reducer, properly capped.
(b) Connection of the building sewer to this reducer shall be made with a forty-five
degree cast iron "Y," with the branch facing upward and extended about one inch
above the ground with a four -inch brass cleanout at the end. This connection shall
not be backfilled or covered until approved by the director.
(1983 CC, c 21, art 3, sec 21-22; am 2002, ord 02-66, sec 4.)
Section 21-23. Deposit required; inadequate deposit; refunds.
A deposit of not less than $25 and at least equal to the County's estimate of the cost
of the lateral shall be required of the applicant before the lateral is installed. If the
actual cost of the lateral is in excess of the deposit, the applicant will be billed and shall
pay for the difference. If the actual cost is less than the deposit, the applicant shall be
refunded the difference.
(1983 CC, c 21, art 3, sec 21-23.)
Section 21-24. Charge for pre-existing lateral.
No new charge shall be made for a lateral which has already been installed to the
property line of the lot, the charge for which has already been paid.
(1983 CC, c 21, art 3, sec 21-24.)
21-9
§ 21-25 HAWAII COUNTY CODE
Section 21-25. Permit to connect; plumbing permit prerequisite; fee.
(a) A permit to connect shall be obtained from the wastewater division, department of
environmental management, before making any connection to the lateral.
(b) The connection permit shall be issued only after a plumbing permit has been
obtained from the building division, department of public works.
(c) No fee shall be charged for the permit to connect.
(1983 CC, c 21, art 3, sec 21-25; am 2002, ord 02-66, sec 12.)
Division 4. Extensions.
Section 21-26. Applications for extensions.
Any individual wishing to extend or connect to the public sewer system shall
submit an application to the director or designee. The application shall be in the form of
a letter detailing where and why the sewer extension is being requested. The
application shall be processed in the manner set forth in this article.
(1983 CC, c 21, art 3, sec 21-26; am 1996, ord 96-51, sec 4; am 2001, ord 01-108, sec 1;
am 2002, ord 02-66, sec 13.)
Section 21-26.1. Approval of extensions of the public sewer system.
(a) All sewer extensions shall be approved by resolution of the County council.
(b) Private Development and Construction. Once an application for an extension of the
public sewer system has been approved by the director or their designee, the
application and a recommendation from the director shall be forwarded to the
County council with all of the supporting material attached. Upon review of the
recommendation of the director and the payment mechanism chosen by the
applicant, the council may approve the application.
(1996, ord 96-51, sec 3; am 2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 14.)
Section 21-27. Determination of construction specifications.
The County shall make, or allow the applicant to make, the extension, including
any lateral, to serve the applicant's property. The County director shall determine or
approve a plan submitted by the applicant for, the alignment, the materials to be used,
and the manner of construction. The property owner shall not have any title to the
extension.
(1983 CC, c 21, art 3, sec 21-27; am 1996, ord 96-51, sec 5; am 2002, ord 02-66, sec 4.)
21-10
SEWERS § 21-28
Section 21-28. Payment of costs; construction by the applicant or by the
County.
(a) If the applicant chooses to construct the extension, then the applicant shall bear the
total cost of the construction. However, the applicant may receive for ten years after
completion of the extension one-half of all moneys for sewer charges collected by the
County from other properties connecting to the extension provided the total of such
reimbursement shall not exceed the cost incurred by the applicant to construct the
extension. Plans to reimburse the applicant for construction of the sewer extension
shall require the approval of the County council by resolution.
(b) If the applicant chooses for the County to construct the extension, the applicant
shall elect to:
(1) Pay the full cost for the extension and for ten years after completion of the
extension receive all moneys for sewer charges collected by the County from
other properties connecting to the extension. However, the total of such
reimbursements shall not exceed the cost incurred to construct the extension.
Plans to reimburse applicant for construction of sewer extensions shall require
the approval of the County council by resolution; or
(2) Pay for one-half of the cost for the extension with the other half of the cost
being paid by the County. If the applicant chooses this method of payment the
director or designee shall make an estimate of the cost of construction and
submit it to the applicant. If the applicant then deposits with the County a
sum equal to one-half of such cost, then the matter shall be referred to the
council for review, approval and appropriation of the County's share of the
costs.
(1983 CC, c 21, art 3, sec 21-28; am 1996, ord 96-51, sec 6; am 1998, ord 98-106, sec 1;
am 2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 15.)
21-11
§ 21-29 HAWAII COUNTY CODE
Article 4. Sewer Service Charges.
Section 21-29. Sewer user charges for nonresidential customers.
Sewer user charges for nonresidential customers, including those connected to gang
cesspools, shall be assessed to all lots accessible to a public sewer whether connected or
not. User charges for sewer service to nonresidential customers, which include
industrial, commercial, agricultural, governmental and miscellaneous services users,
hotels, and service stations shall be based on water volume usage based on water meter
reading and shall be assessed 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 rates are based. No sewer charges
shall be levied on water used for irrigation or other uses when the water is not
discharged into the sewer system and a separate metering system is installed to provide
a method of accounting for the amount of water which is or is not subject to the sewer
use charges, as the case may be. A minimum monthly charge shall be applicable and
shall be equal to the schedule under section 21-36.1. Unoccupied units will be assessed
a monthly maintenance fee equal to the current minimum monthly charge.
(1983 CC, c 21, art 4, sec 21-29; am 1985, ord 85-15, sec 3; am 1986, ord 86-86, sec 1; am
1987, ord 87-71, sec 3; am 1989, ord 89-68, sec 6; am 1992, ord 92-77, sec 4; am 2000,
ord 00-82, sec 3; am 2004, ord 04-157, sec 2.)
Section 21-29.1. Charges for private haulers discharging wastewater into a
municipal facility.
(a) A minimum charge according to the schedule shown under section 21-36.1 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.
(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;
(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.
21-12
SEWERS § 21-29.1
(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.
(1983 CC, c 21, art 4, sec 21-29.1; am 1989, ord 89-68, sec 7; am 1992, ord 92-77,
sec 5.)
Section 21-30. Sewer user charges based on flat rate.
The director may establish a flat rate for sewer services for sewered properties
(residential and/or nonresidential) utilizing public or private water systems. The flat
rates may be 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 be reviewed annually.
(1983 CC, c 21, art 4, sec 21-30; am 1985, ord 85-15, sec 4; am 2002, ord 02-66, sec 4.)
Section 21-31. Sewer user charges for residential customers.
Sewer user charges for residential customers shall be assessed to all lots accessible
to a public sewer or public gang cesspools whether connected or not. User charges for
sewer service to residential customers, which include service for single-family dwellings,
duplexes, housing projects, condominiums, townhouses, apartments, and dormitories
shall be according to the schedule shown under section 21-36.1. Unoccupied units will
be assessed a monthly maintenance fee equal to the current monthly sewer user f'ee.
(1983 CC, c 21, art 4, sec 21-31; am 1985, ord 85-15, sec 5; am 1986, ord 86-86, sec 2; am
1987, ord 87-71, sec 5; am 1989, ord 89-68, sec 8; am 1992, ord 92-77, sec 6; am 2000,
ord 00-82, sec 4.)
Section 21-31.1. Rates based on ad valorem taxes.
Residential and nonresidential 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.
(1985, ord 85-15, sec 6.)
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.
(1985, ord 85-15, sec 6.)
21-13
§ 21-32 HAWAII COUNTY CODE
Section 21-32. Billing 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 sewer service charges of nonresidential users shall be
processed monthly or bimonthly in accordance with the department of water supply
billing cycle. Billing for single unit and multi -unit residential users shall be
processed monthly or bimonthly.
(b) Payment shall be due thirty days after date of bill. In addition, interest at the rate
of one percent per month shall be imposed upon the outstanding balance for all
accounts that are past due.
(c) Charges for sewer service shall be billed to the owner or owners of the lot, parcel of
land, building or premises, (herein, referred to as the "property") to which the
services are provided. If requested by the owner, the department will bill a tenant
or other individual designated (herein, referred to as the "designated person") by
the owner. Such request shall be in writing and signed by all parties involved,
including all property owners and the designated person. The property owners and
the designated person shall be jointly and severally liable for the entire sewer
service charge without further notice of any delinquency to the property owners.
(d) Where a landlord has requested that the department bill a tenant pursuant to
paragraph (c):
(1) the director shall notify the landlord if a tenant's payment is past due; and
(2) the interest on the outstanding balance shall not commence until thirty days
after the department has sent such notice to the landlord of the delinquency.
(e) Sewer service charges levied shall be a debt due to the County. If this debt is not
paid when due, it shall be deemed delinquent and may be recovered by the County
by a civil action filed against the property owners, or the designated person, or
both. Any judgment against the property owners or responsible parties shall be
filed with the Bureau of Conveyances. As used herein, "person" means any
individual, partnership, co -partnership, firm, company, limited liability company,
corporation, association, joint stock company, trust estate, government entity, or
any other legal entity, and their legal representatives, agents, and successors and
assigns.
(f) The department of water supply is authorized to terminate water services for non-
payment of the sewer services charges levied pursuant to this chapter when so
directed by the director after due notice and opportunity for a hearing as provided
by chapter 91, Hawaii Revised Statutes, before the environmental management
commission and the resolution of any appeal therefrom.
(1983 CC, c 21, art 4, sec 21-32; am 1989, ord 89-68, sec 9; am 1992, ord 92-77, sec 7; am
2005, ord 05-19, sec 1; am 2014, ord 14-83, sec 2, ord 14-136, sec 1.)
21-14
SEWERS § 21-33
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 systems, 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 wastewater
division by the owner or tenant of such lot, parcel of land, building or premises,
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.
(1983 CC, c 21, art 4, sec 21-33; am 1989, ord 89-68, sec 10; am 1992, ord 92-77,
sec 8.)
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" and shall be expended for the purpose
authorized.
The County sewer fund shall consist of three 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, and other costs not related directly to the operation and maintenance of the
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 equipment replacement.
This financial management system shall be maintained by the wastewater division
and based on an adequate budget identifying the basis for determining the annual
operating and maintenance cost and costs of personnel, material, energy, and
administration.
(1983 CC, c 21, art 4, sec 21-34; am 1985, ord 85-15, sec 7; am 1986, ord 86-119, sec 4;
am 1988, ord 88-7, sec 7; am 1992, ord 92-77, sec 9.)
21-15
§ 21-35 HAWAII COUNTY CODE
Section 21-35. Miscellaneous requirements.
(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.
(1983 CC, c 21, art 4, sec 21-35; am 1985, ord 85-15, sec 8.)
Section 21-36. Penalty.
Any person convicted of violating any of the provisions of this chapter shall be
guilty of a misdemeanor and shall be punished by a fine not exceeding $500. The
continuance of any such violation after conviction shall be deemed a new offense for
each day of such continuance.
(1983 CC, c 21, art 4, sec 21-36.)
21-16
SEWERS
Section 21-36.1. Wastewater service charge rates.
§ 21-36.1
WASTEWATER SERVICE CHARGE RATE
User Category
Effective Date*
04/01/19
04/01/20
04/01/21
04/01/22
04/01/23
A. Single Unit Residential:
1. Monthly charge per unit
$35.00
$40.00
$44.00
$48.00
$52.00
B. Multi -Unit Residential:
1. Monthly charge per unit
35.00
40.00
44.00
48.00
52.00
C. Nonresidential:
1. Monthly base rate charge per unit
2. Monthly usage charge per
1,000 gallons (after the first
8,000 gallons) per unit
8,001 - 15,000g
15,001 - 30,000g
30,001g +
34.00
4.75
5.50
5.75
42.00
5.50
6.50
6.75
46.00
6.25
7.50
7.75
50.00
7.00
8.50
8.75
54.00
7.50
9.00
9.50
D. Private Haulers Discharge Fee:
1. Discharge fee per 500
gallons or fraction thereof
2. Minimum charge per load
38.00
38.00
46.00
46.00
52.00
52.00
58.00
58.00
64.00
64.00
E. Gang Cesspools:
1. Monthly charge per unit
18.00
20.00
22.00
24.00
25.00
*Rate begins on first full billing cycle after effective date.
(1997, ord 97-68, sec 2; am 1998, ord 98-21, sec 1; am 2000, ord 00-82, sec 5; am 2003,
ord 03-92, sec 1; am 2019, ord 19-21, sec 2.)
Section 21-36.2. Remission of charges.
Sewer users who have been charged for sewer services pursuant to section 21-29,
may ask for a remission of such charges to the extent and in the manner set forth
herein:
(1) The user establishes and the director determines that the user is entitled to an
adjustment in water consumption totals.
(2) Any application for such adjustment must be made with the director within
one year of the alleged error in determination of water consumption totals.
(2000, ord 00-83, sec 1; am 2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 16.)
21-17 SUPP. 6 (7-2019)
§ 21-37 HAWAI`I COUNTY CODE
Article 5. Sewer Connection Loan Program.
Section 21-37. Findings and purpose.
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
Hawaii shall place a lien on the property at the time the loan closes. The lien would be
for the loan amount and related fees and 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.
This law shall cover the sewer connections which will be required in the following
increments:
Waiakea Houselots
110 lots
Waiakea Mill Pond
100 lots
Ainako "A"
114 lots
Kalaniana`ole Laterals
125 lots
Ainako "B"
93 lots
(Optional Hookups)
100 lots
Alii Drive "A" — "F"
200 lots
Honoka`a
106 lots
(1992, ord 92-136, sec 1; am 2008, ord 08-117, sec 1; am 2012, ord 12-10, sec 2.)
Section 21-38. Definitions.
For purposes of this article, the following words and phrases, unless the context
otherwise requires, shall be defined as indicated:
"Default" means the failure of a guaranteed borrower to make a required payment
to a designated bank within ninety days of the date upon which the payment is due as
stated in the contract between a designated bank and a guaranteed borrower.
"Designated bank" means any bank or financial institution approved by the director
of finance pursuant to this article to provide loans to owners who are required to
connect property to sewers by section 21-5.
"Guaranteed borrower" means an owner who has executed the appropriate
agreements with the County of Hawai`i required by this article and whose loan with a
designated bank is guaranteed by the County of Hawai`i in accordance with this article.
21-18
SEWERS § 21-38
"Increment" means any one of the planned sewer construction projects stated in
section 21-37.
"Owner" means:
(1) A person or persons, including joint tenants, tenants in common, tenants by
the entirety, corporations, and partnerships who hold the fee title to real
property which is required to be connected to sewer lines pursuant to section
21-5; or
(2) A person or persons, including joint tenants, tenants in common, tenants by
the entirety, corporations and partnerships to whom has been entrusted
pursuant to law the legal or equitable titles to real property which is required
to be connected to sewer lines pursuant to section 21-5, and who are
empowered to act as trustees of that real property for the benefit of another or
others, or as trustees of a self -trusted revocable living trust; or
(3) A person or persons who hold equitable title pursuant to an agreement of sale
of real property which is required to be connected to sewer lines pursuant to
this chapter; or
(4) A person or persons who hold, under a lease for a term of five years or more,
real property which is required to be connected to sewer lines pursuant to this
chapter.
"Self-directed revocable living trust" means a trust formed for the purpose of
management and administration of real property and in which the owner(s) of an
interest in real property becomes settlor(s) and trustee(s) of the trust by making said
real property the trust res, and administering said property for the benefit of the
owner(s).
(1992, ord 92-136, sec 1; am 2012, ord 12-15, sec 2.)
Section 21-39. Sewer connection loan program.
(a) Before the director, pursuant to section 21-5, notifies property owners in an
increment of the requirement that they connect their properties to the sewer line,
the director of finance shall be authorized to develop a sewer connection loan
program for the purpose of guaranteeing loans used to connect lots which are a part
of that increment to the sewer lines. The director of finance may consult with any
banks or financial institutions about participation in a program of loan guarantees
for owners of properties who are required to connect to sewers pursuant to section
21-5
(b) After consultation, the director of finance shall designate one or more banks or
financial institutions to handle the County -guaranteed loan program. In
designating a bank or financial institution, the director shall consider the interest
rates offered on the loans by the bank, the number of months and monthly
payments of the loan, and the willingness of the institution to make the same
agreed-upon rate offered on the County -guaranteed loans available to others
borrowing money to pay for sewer hookup fees whose loans are not guaranteed by
the County of Hawai`i. Any bank or financial institution which complies with the
terms of the loan program shall qualify as a designated bank.
21-19
§ 21-39 HAWAII COUNTY CODE
(c) The director of finance shall require that a designated bank agree that:
(1) The loan to a guaranteed borrower will be at a rate of interest and terms
agreed upon at the inception of the program for that increment;
(2) The loan will be guaranteed by the County of Hawai`i up to the assessed value
of the parcel to be connected and any improvements at the time of the loan
application;
(3) In the event that a guaranteed borrower fails to pay the required payment on
the loan within ninety days of the date upon which the payment is due, the
loan shall be considered in default and the designated bank shall immediately
notify the director of finance of the County of Hawai`i, as well as the
guaranteed borrower;
(4) In the event of a default of any guaranteed borrower, a designated bank shall
accept payment in full from the County of Hawai`i as full satisfaction for the
loan;
(5) The loan amount shall be limited to hook up and cost for the reasonable
restoration of the parcel and improvements to the condition existing at the
time of the loan application plus loan fees and costs; and
(d) The director of finance shall inform the mayor and the County council of the names
of banks and financial institutions which are designated banks, and shall provide
them with copies of the agreement negotiated with the designated banks and the
contract which the designated banks will execute with guaranteed borrowers.
(1992, ord 92-136, sec 1; am 2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 17; am
2012, ord 12-15, sec 3.)
Section 21-40. Loan application.
(a) Any owner who is required to connect such owner's property to a sewer pursuant to
section 21-5, and who has been rejected by any two banks or financial institutions
for any type of loan to pay for the sewer connection, based on insufficient ability to
repay said loan, may apply to a designated bank for a sewer connection loan which
is guaranteed by the County of Hawai`i. Any application for a guaranteed loan must
be submitted to a designated bank no more than one hundred and twenty calendar
days after the date of the notification by the director requiring the owner to connect
to the sewer.
(b) All such timely applications for guaranteed loans shall be sent by any receiving
designated bank to the director of finance. Any owner whose application for a sewer
connection loan is referred to the director of finance by a designated bank and is
deemed to have a reasonable ability to repay the loan may participate in a loan
guaranteed by the County of Hawaii and become a guaranteed borrower. As
conditions of participation, the applicant shall execute:
(1) A loan agreement with a designated bank, with the County of Hawai`i as
guarantor of the loan, providing that:
(A) The money will be paid by the bank directly to the contractor performing
the connection; and
21-20
SEWERS § 21-40
(B) In the event the guaranteed borrower fails to pay the required payment
on the loan within ninety days of the date upon which payment is due, the
loan shall be considered in default and the County of Hawai`i will repay
the loan in full to the designated bank, and will assume the designated
bank's status as creditor.
(2) An agreement with the County of Hawaii giving the County of Hawai`i a lien
on the property to be connected. The County of Hawaii may initiate
foreclosure proceedings immediately upon default by the owner and any non-
payment of a payment required by a payment plan under section 21-41. Upon
execution, the loan agreement and the lien document shall be recorded at the
bureau of conveyances.
(c) For the protection of the interest of the County of Hawaii, a title search for any
property upon which the County of Hawai`i will have a lien shall be conducted prior
to execution of any agreements, and the cost of the search shall be paid from the
loan proceeds.
(1992, ord 92-136, sec 1; am 2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 18; am
2012, ord 12-15, sec 4; ord 12-158, sec 2.)
Section 21-41. Default procedure.
In the event of a default, after the County of Hawai`i has paid the designated bank
or financial institution, the director of finance shall have the discretion to negotiate
with the guaranteed borrower a plan for repayment of the loan to the County of Hawai`i.
In negotiating the loan repayment, the director of finance shall take into consideration
the following guidelines:
(a) In the event that the guaranteed borrower is capable of paying the monthly interest
on the loan, the repayment plan shall include a minimum monthly payment at
least equal to the amount of monthly interest, and at the same rate of interest
charged by the designated bank.
(b) In the event that the guaranteed borrower is unable to pay an amount equal to the
monthly interest, the director of finance may negotiate a smaller monthly payment.
(c) If no agreement on the plan for repayment is reached within ninety days of default,
the County of Hawai`i shall immediately initiate foreclosure proceedings against
the subject property.
(d) In the event that the guaranteed borrower is a corporation or is an owner holding
property in a trust, then the County of Hawai`i may initiate foreclosure proceedings
immediately upon default by the owner and payment of the loan by the County of
Hawai`i.
(1992, ord 92-136, sec 1; am 2012, ord 12-15, sec 5.)
Section 21-42. Reserved.
(1992, ord 92-136, sec 1; am 2001, ord 01-108, sec 1; am 2002, ord 02-66, sec 19;
am 2012, ord 12-10, sec 3.)
21-21
§ 21-43 HAWAII COUNTY CODE
Section 21-43. Reserved.
(1992, ord 92-136, sec 1; am 2012, ord 12-15, sec 6.)
Section 21-44. Waiver of liability.
The contractor selected pursuant to this article, as well as the guaranteed borrower
shall execute agreements with the County of Hawaii in which each of them agrees to
defend, indemnify and hold harmless the County of Hawaii in the event of any personal
injury or property damage resulting from the connection of the property to the sewer.
(1992, ord 92-136, sec 1.)
Section 21-45. Reserve fund.
(a) For the purpose of payment of guaranteed loans in default, there shall be created a
reserve fund, to be known as the sewer connection reserve fund, which shall at all
times be not less than fifteen percent of the total amount of loans guaranteed and
shall be funded by the general fund or other available sources. If a guaranteed
borrower defaults on a loan, the bank shall be paid from this reserve fund without
further council action. If this repayment of the loan causes the reserve fund to fall
below fifteen percent of the total amount of loans guaranteed, the director of
finance will then submit to the council a bill for an ordinance to transfer the money
from the general fund or other available sources if such a transfer is necessary to
maintain the required level of the fund. All interest generated by the fund shall be
deposited into the County of Hawai`i general fund.
(b) In the event grant monies are available to finance sewer connection costs, the sewer
connection reserve fund may be used to finance connection costs for those lot
owners eligible for grant funding and only to the extent that the sewer connection
reserve fund can be reimbursed from the grant.
(c) At least once every three months the director of finance shall prepare and submit to
the council a report on the status of the loan program, including but not limited to
the following:
(1) The number of guaranteed loans outstanding;
(2) The total dollar value of all guaranteed loans outstanding;
(3) The balance in the reserve fund; and
(4) The number of hookups to be required in the next increment.
(1992, ord 92-136, sec 1; am 2012, ord 12-158, sec 3.)
Section 21-46. Reserved.
(1992, ord 92-136, sec 1; am 2012, ord 12-15, sec 9.)
21-22