Subchapter 1 General Provisions §16-106-01 Scope §16-106-02 Purpose §16-106-03 Definitions Subchapter 2 Procedure and Issuance of Meters §16-106-04 Water service requests §16-106-05 Procedure for processing applications for water service that are on the priority list §16-106-06 Issuance of water meters Subchapter 3 Exceptions, Waivers and Deferral §16-106-07 Exceptions to regulations §16-106-08 Waiver or modification §16-106-09 Partial deferral of water system development fee §16-106-10 Severability §16-106-11 Effective dateSUBCHAPTER 1 GENERAL PROVISIONS §16-106-01 Scope. All areas provided water service from the upcountry water system shall be within the scope of this rule. [Eff 10/4/02] (Auth: HRS §54-33) (Imp: HRS §54-33) §16-106-02 Purpose. The purpose of this rule is to provide uniform handling of applications for water service from the priority list. [Eff 10/4/02] (Auth: HRS §54-33) (Imp: HRS §54-33) §16-106-03 Definitions. For the purpose of this rule, unless it is plainly evident from the context that a different meaning is intended, certain words and phrases are defined as follows: "Applicant" means any person applying for water service or additional service. "Application(s)" means a request for water service or additional water service. "Board" means the County of Maui, board of water supply. "County of Maui" means the County of Maui, a political subdivision of the State of Hawaii. "Department" means the department of water supply of the County of Maui. "Director" means the director of water supply. "Distribution system improvements" means the water pipeline bringing water from the transmission system to an individual service lateral or public fire hydrant and may include both on site and off site improvements. "Off-site improvements" means that portion of the water system from the point of adequacy to the point of entry of the system onto the premises. "On-site improvements" means that portion of the subdivision water system constructed within a subdivision or development to include all fire hydrant assemblies and service laterals whether located within, on or outside the subdivision and as required by the department. "Person" means an individual, firm, partnership, hui, company, corporation, association, syndicate, governmental agency or any other legal entity, including but not limited to a trustee, receiver, assignee, or similar representative responsible for a single parcel of real property. "Potable water" means surface water which has been treated and satisfies standards set forth in chapter 20 of the state department of health rules entitled "potable water systems" and maximum contaminant level goals and national secondary drinking water contaminants set forth in 40 C.F.R. sections 141 and 143 (1990), and groundwater extracted at an acceptable rate and containing less than two hundred fifty milligrams per liter (mg/l) chlorides and which can be disinfected to satisfy standards set forth in the department of health rules chapter 20 entitled "potable water systems" maximum contaminant level goals and national secondary drinking water contaminants set forth in 40 C.F.R. sections 141 and 143 (1990). "Premises" means land for which water service is requested and includes for purposes of this rule and where applicable includes the owner of the land. "Priority list" means the compilation of premises in the order received by the department pursuant to a legal notice published in the Maui News, November 2, 1994, for applicants denied additional water service. "Upcountry water system" means all water improvements associated with the Upper Kula, Lower Kula, Makawao (including Pukalani, Haliimaile and Maunaolu College area) and Haiku water systems. "Water service" means the provisions for delivering water to any premises. "Water system improvements" means any project which will construct facilities to provide additional source development capacity, additional transmission or distribution pipeline capacity, or additional storage tank capacity for any of the Board's water systems. Any words used herein without definition shall use the definitions as given in other parts of these rules. [Eff 10/4/02] (Auth: HRS §54-33) (Imp: HRS §54-33)SUBCHAPTER 2 PROCEDURE AND ISSUANCE OF METERS §16-106-04 Water service requests. On March 16, 1993, the upcountry water system was found to have insufficient water supply developed for fire protection, domestic and irrigation purposes to take on new or additional services without detriment to those already served in the regulated area. Since November 2, 1994 a priority list of premises has been maintained by the department by the date received. (a) The director shall continue to maintain the priority list of premises applying for water service from the upcountry water system. (b) Premises that are not on the priority list and have expended funds in reliance upon official assurances dated before November 2, 1994, or have any pre-existing rights associated with the premises entitling the premises to water service shall be allowed sixty days from the effective date of this rule to pay for or reserve an allocation of service capacity pursuant to subsection 16-108-9 (b) of chapter 108 of the board's rules. Thereafter such rights shall terminate. (c) Requests for meters on premises without tax map keys that previous to this rule have been served by one large meter shall be able to apply for 5/8-inch meters for each lot up to the usage averaged over the last five years. This subsection may not be implemented if any lot with existing structures exceeds the demand capacity of the meter allowed or the meter supplies a private water system that does not meet water department rules and regulations for subdivisions. This subsection shall expire in sixty days from the enactment of this rule after which applicants wanting to downsize existing meters for additional meters will be given service according to their place on the priority list. (d) Premises on the priority list that are unable to fulfill requirements for water service or who refuse water service shall be removed from the list. A new application must be submitted in order to be placed back on the priority list. (e) Requests for water service shall be limited to one meter size upgrade to the next larger meter size or a single 5/8-inch meter per request or planned subdivided lot but shall not exceed the number of lots created by the subdivision. [Eff 10/4/02] (Auth: HRS §54-33) (Imp: HRS §54-33) §16-106-05 Procedure for processing applications for water service that are on the priority list. (a) The applicant for a premise shall be notified in writing by certified mail, return receipt requested, at the address submitted on the application. (b) The applicant shall be given thirty days from the date the certified mail was received to complete and deliver to the department their application or reserve an allocation of water service pursuant to subsection 16-106-04 (b) of these rules. (c) Failure to respond or the return of an unsigned return receipt will be treated as a refusal of water service. [Eff 10/4/02] (Auth: HRS §54-33) (Imp: HRS §54-33) §16-106-06 Issuance of water meters. During the period of this rule, additional source for the water system may become available that is not restricted to an applicant providing for additional source development. The director shall process applications for water meters in the order of the priority list up to the average day capacity of any additional source with allowance for operation standards. [Eff 10/4/02] (Auth: HRS §54-33) (Imp: HRS §54-33)SUBCHAPTER 3 EXCEPTIONS, WAIVERS AND DEFERRAL §16-106-07 Exceptions to regulations. The regulations within the scope of this rule, shall not apply to applicants using source credits developed in the upcountry water system by agreement with the board pursuant to subsection 16-108-11 (c) of chapter 108 of the board's rules. [Eff 10/4/02] (Auth: HRS §54-33) (Imp: HRS §54-33) §16-106-08 Waiver or modification. The board by a two thirds vote of its entire voting membership may waive or modify requirements of this rule when not contrary to the public's health, safety or welfare, and when the board finds: (1) Strict application of the rule would cause an absurd, unfair or unreasonably harsh result; (2) The board finds the circumstance or condition is unique or exceptional, and the board would grant the same request if made by every similarly situated applicant; and (3) The resulting action of the board will be without detriment to existing users. [Eff 10/4/02] (Auth: HRS §54-33) (Imp: HRS §54-33) §16-106-09 Partial waiver of water system development fee. Water system development fee rates as of April 1993 will apply to requests of applicants on the priority list as of October 31, 2001 up to a maximum of three lots. [Eff 10/4/02] (Auth: HRS §54-33) (Imp: HRS §54-33) §16-106-10 Severability. If any word, sentence, paragraph or provision of this chapter, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the invalidity shall not affect other words, sentences, paragraphs, provisions or applications of this rule which may be given effect without the invalid words, sentences, paragraphs, provisions, and to that extent the provisions of this rule are severable. [Eff 10/4/02] (Auth: HRS §54-33) (Imp: HRS §54-33) §16-106-11 Effective date. This rule shall become effective ten days after it is filed with the County Clerk of the County of Maui, and unless extended by a subsequent rule promulgated in accordance with Subchapter 7 of the Rules of Practice and Procedure of the Board of Water Supply, County of Maui, shall automatically be repealed on the earlier of the following dates: (1) When there are no premises remaining on the priority list. (2) January 1, 2005. [Eff 10/4/02] (Auth: HRS §54-33) (Imp: HRS §54-33)
Department of Water Supply
County of Maui
200 South High Street
Wailuku, HI 96793-2155
Telephone (808) 270-7816
Fax (808) 270-7951