Subchapter 1 General Provisions 16-108-1 Purpose. 16-108-2 Definitions. Subchapter 2 Water System Development Fee Procedures 16-108-3 Water system development fee schedule. 16-108-4 Applicability. 16-108-5 Water service. 16-108-6 Building permits. 16-108-7 Request for additional meter(s). 16-108-8 Exemptions from payment of the fee. 16-108-9 Payment of water system development fee. 16-108-10 Payment plan. Subchapter 3 Credit and Accounts 16-108-l1 Application of credit. 16-108-12 Water system development fee account. Subchapter 4 Unauthorized Service 16-108-13 Conversion of unauthorized service. 16-108-14 Effective date. 16-108-15 Severability.SUBCHAPTER 1 GENERAL PROVISIONS 16-108-1 Purpose. The purpose of this rule is to authorize the Board of Water Supply to collect fees for the department's costs for water system improvements (or dedicated water system improvements) which are necessary to increase the service capacity or to replace existing capacity in the Board's water system to serve new water consumers or additional demand by existing consumers, and to establish the appropriate accounting mechanisms to carry out this purpose. [Eff. April 26, 1993; ren §16-108-1 7/29/02] (Auth: HRS 54-33) (Imp: HRS 54-33) 16-108-2 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: "Accessory dwelling" is as defined in Maui County Code 19.04.060 and means living quarters attached to a main dwelling or within an accessory building (Maui county code 19.04.050) located on the same lot as the main dwelling for use as a separate dwelling. "Additional water service" means a provision for additional water service through the installation of an additional water meter or a consolidated metering system, or the replacement of an existing water meter with a larger-capacity water meter. "Allocation" means quantity and size of meter(s) identified for the purpose of reserving water service and quantity of water to meet the anticipated demand of that service. "Applicant" means a person who applies for water service or additional water service. "Application" means a request for water service or additional water service. "Board" means the Board of Water Supply of the County of Maui. "Building permit" means the official document or certificate issued by the county authorizing the construction of any structure. "Consolidated meter system" means water that is furnished to multiple dwellings through a centralized or single meter. "County" means the County of Maui, a political subdivision of the State of Hawaii. "Credit" means the amount of money that an applicant or the applicant's predecessor in interest has paid or spent for construction, or the amount of water in gallons an applicant or the applicant's predecessor in interest has developed by prior agreement with the Board of Water Supply and dedicated to the Board of Water Supply for source development, transmission pipelines, storage tanks, or a conbination of any of the foregoing, which is used to offset the fee. "Dedicated water system improvements" means water system improvements that are privately designed and constructed and then accepted by the Board of Water Supply for operation, for which credits shall be applied to all or to a portion of the fee. "Director" means the Director of the Department of Water Supply of the County of Maui. "Distribution system" means the water pipelines used to bring water from the transmission system or storage tank to an individual water service lateral and public fire hydrants. Transmission systems that currently provide this function shall not be construed to be a distribution system. "Impact fee" means the charges imposed on a developer by a county to fund all or a portion of the public facility capital improvement costs required by the development from which it is collected or to recoup the cost of existing public facility capital improvements made in anticipation of the needs of a development. "Person" means an individual, firm, partnership, company, corporation, association, syndicate, governmental agency, or any legal entity, including but not limited to a trustee, receiver, assigrice, or similar representative thereof. "Premises" means a parcel of real property and any structures thereon which has water service, will require water service or requires additional water service and does not exclude subdivisions of a parcel of real property. "Service lateral" means the connection to a pipeline, pipes, fittings, valves, and other appurtenances up to and including the consumer shut-off valve and water-meter box, but not including the water meter. "Source development" means the construction of any structure to capture, convey, store, and treat currently unutilized non-potable surface waters; the construction of facilities for currently unutilized ground water and its treatment, including pumps, motor control stations, pump control or disinfection contact time tanks, the construction of desalination facilities; or any other technique which provides or recaptures state department of health acceptable water and any easements required for the improvements. "Storage tank" means a reservoir to store water for peak-hour flow, and any easements required for the improvements. "Structure" shall have the same meaning as defined in the uniform building code as adopted, amended, or replaced by the county. "Temporary meter" means any meter connected to a fire hydrant or a service lateral used less than one year with the agreement of the Director. "Transmission pipeline" means a pipeline that delivers water from a source development to a storage tank or distribution system, including any booster pump stations and appurtenances to the transmission pipeline system to increase its capacity, and any easements required for the improvements. "Water meter" means a device that measures the volume of water delivered to any premises. "Water service" means the provision for delivering water to any premises. "Water system development fee (WSDF)" means a monetary rate imposed on any applicant to fund a portion of costs to construct water system improvements or to recover the cost of existing water system improvements made in anticipation of additional demand on the water system. "Water system improvement" means any project which will provide additional source development capacity, additional transmission pipeline capacity, or additional storage tank capacity for any of the Board's water systems. [Eff. April 26, 1993; am, ren §16-108-2 and comp 7/29/02] (Auth: HRS 54-33) (Imp: HRS 54-33)SUBCHAPTER 2 WATER SYSTEM DEVELOPMENT FEE PROCEDURES 16-108-3 Water system development fee schedule. Fees shall be charged in the amounts set forth in the following schedule ("the Schedule"): Schedule of Fees Total Meter Size Fee 5/8" $ 6,030 3/4" 8,442 1" 15,678 1 1/2" 34,974 2" 61,506 3" 138,690 4" 247,230 6" 555,966 8" 987,714 10" 1,543,680 12" 2,222,658 [Eff. April 26, 1993; am, ren §16-108-3 and comp 7/29/02] (Auth: HRS 54-33) (Imp: HRS 54-33) 16-108-4 Applicability. This rule shall apply to all persons who apply for water service or additional water service and who are granted approval of a building permit by the County for the construction of any structure on any premises with exceptions pursuant to section 16-108-8. [Eff. April 26, 1993; am, ren §16-108-4 and comp 7/29/02] (Auth: HRS 54-33) (Imp: HRS 54-33) 16-108-5 Water service. (a) Unless exempted, the fee shall be imposed on any applicant granted water service, as set forth in the schedule, based on the number and size of water meters required. (b) Unless exempted, the fee shall be imposed on any applicant granted additional water service in an amount equal to the difference in cost of the requested meter size and the existing water meter size contained in the schedule of fees. (c) An applicant requesting the reduction of a water meter size shall not be entitled to any reimbursement. (d) Reimbursement of fees shall not be made with the termination of water service. However, the fee paid shall be credited to future applications for service at those premises. (e) When premises with existing water service are subdivided, the owner may request relocation of the existing meter or a reduced-size meter upon payment of relocation costs. All new premises resulting from the subdivision of the original premises will be required to have separate water service. (f) A penalty equal to the WSDF shall be imposed on any applicant granted water service for a meter removed in accordance with rules of the board, in the amount set forth in the WSDF schedule less any portion of the WSDF as enacted April 26, 1993 that has previously been paid for the size of meter replaced unless exempted pursuant to Section 16-108-8(d). [Eff. April 26, 1993; am, ren §16-108-5 and comp 7/29/02] (Auth: HRS 54-33) (Imp: HRS 54-33) 16-108-6 Building permits. Any applicant for a building permit approved by the County shall be required to apply for separate water service or additional water service based on the director's estimate as to the size of service required for the structure unless exceptions pursuant to section 16-108-8(b) can be applied. [Eff. April 26, 1993; am, ren §16-108-6 and comp 7/29/02] (Auth: HRS 54-33) (Imp: HRS 54-33) 16-108-7 Request for additional meter(s). Additional meter(s) for existing accessory dwellings may be requested at premises presently provided water service and, if granted, shall be subject to one half of the pertinent fee in the schedule. [Eff. April 26, 1993; am, ren §16-108-7, comp 7/29/02] (Auth: HRS 54-33) (Imp: HRS 54-33) 16-108-8 Exemptions from the rule. (a) Any applicant for a building permit for an accessory dwelling shall pay one half of the fee in the schedule for the size meter required to be installed. If the accessory dwelling is later subdivided from the premises, the applicant for subdivision shall pay the balance of the fee in effect at the time of subdivision upon proof of the initial one-half payment and, upon the director's request, shall be required to relocate the meter. (b) Any applicant for a building permit for any structure shall be exempted from paying the fee, upon proof presented, that the structure or the premises on which the structure is located does not require water service from the department's system or that they have already paid the fee. (c) Any temporary meter shall be exempt from the fee. The deposit made shall be returned upon full compliance with the temporary meter agreement and the return of the meter. (d) Any application for water service within thirty six months after removal due to delinquency pursuant to rules of the board shall be exempt from the fee. (e) The board by a two thirds vote of the entire voting membership may waive or modify requirements of this rule when not contrary to the purpose of the rule or the public interest, and when the board finds that: 1. Strict application of the rule would cause an absurd, unfair, or unreasonably harsh result; 2. The applicant's circumstance or condition is unique or exceptional, and the board would grant the same request if made by every similarly situated applicant; 3. In cases of exemption from or reduction of the fee, the resulting financial impact upon the department and future consumers is acceptable to the board. [Eff. April 26, 1993, am, ren §16-108-8 and comp 7/29/02] (Auth: HRS 54-33) (Imp: HRS 54-33) 16-108-9 Payment of water system development fee. (a) Applicant ready for water service: The director shall approve applications only upon payment of fee or application of credit for available water service or additional water service. Application shall be accepted only upon payment of the fee or application of credit for water service that is available at that time. Total payment for service will be the fee in effect at the time the meter is installed. (b) Applicant not ready for water service: Upon payment of a deposit equal to the fee set forth in section 16-108-3 by an applicant who, to the director's satisfaction, is unable to accept water service immediately, the board may reserve an allocation of service capacity available at that time. Total payment for service will be the fee in effect at the time the meter is installed. The duration of any such reservation shall not exceed two years plus two six-month extensions, each for good cause shown and approved by the board if water service is available. The board and the applicant shall agree in writing on the amount of any allocation. If within two years, or longer with extension(s), the applicant is not able to accept installation of water service, unless for good cause shown and approved by the board, the application and the reservation of the allocation shall expire and the fee paid shall be deemed a penalty, and forfeited, to be applied to the WSDF fund with no credit of any kind toward any future application. Any event, occurrence, or condition not caused by the board which prevents the board from performing its obligations excuses the board from those obligations except to refund the fee plus interest at the average rate invested for the previous year. [Eff. April 26, 1993; am, ren 16-108-9 and comp 7/29/02] (Auth: HRS 54-33) (Impr: HRS 54-33) 16-108-10 Payment plan. When the fee for owner-occupied residential premises with a 5/8-inch meter exceeds two percent of the premises' real property assessed value (including the value of any existing or proposed structures at the time of the owner's application for water service), the owner occupant may request to pay one sixth of the fee upon application and the balance in equal bi-monthly installments over three years. Upon sale of the property, any balance shall be due prior to transferring the meter. [Eff. April 26, 1993; am, ren §16-108-10 and comp 7/29/02] (Auth: HRS 54-33) (Imp: HRS 54-33)SUBCHAPTER 3 CREDITS AND ACCOUNTS 16-108-l1 Application of credit. (a) The fee credits shall be attributable to: (1) source developments; (2) the construction of transmission pipelines; (3) the construction of storage tanks. Schedule of Fee Credits Trans- Size Source mission Storage 5/8" $ 2,040 $ 2,850 $ 1,140 3/4" 2,856 3,990 1,596 1" 5,304 7,410 2,964 1 1/2" 11,832 16,530 6,612 2" 20,808 29,070 11,628 3" 46,920 65,550 26,220 4" 83,640 116,850 46,740 6" 188,088 262,770 105,108 8" 334,152 466,830 186,732 10" 522,240 729,600 291,840 12" 751,944 1,050,570 420,204 (b) Any applicant who is a successor in interest to a premises shall be required to submit evidence supporting any credit claimed. (c) Credit shall be applicable only to premises which are served by the source, transmission pipeline, or storage tank which the applicant or the applicant's predecessor in interest has developed or constructed, or has participated in developing or constructing unless otherwise specifically provided for in a prior agreement. The foregoing shall not apply to governmental agencies. (d) Any credit in a source, which by prior agreement is measured in gallons, which the applicant or the applicant's predecessor in interest has developed or has participated in developing shall be determined in an amount according to that prior agreement. (e) Any storage assessment that the applicant or the applicant's predecessor in interest paid for water service at a particular premises pursuant to rules and regulations No. 2 section 2-2(d), which took effect on January 7, 1977, as amended, or source assessment paid pursuant to the "special rule establishing a source assessment fee ... in the west Maui areas ..." which took effect on October 20, 1980, or the "special rule establishing a source assessment fee ... within the central Maui areas ..." which took effect on September 24, 1979, or a combination of any of the foregoing shall be credited to the premises. (f) For dedicated water system improvements any approved credit activity will be recorded pursuant to 16-108-12. [Eff. April 26, 1993; am, ren §16-108-11 and comp 7/29/02] (Auth: HRS 54-33) (Imp: HRS 54-33) 16-108-12 Water system development fee account. (a) The board shall maintain separate accounts for: (1) Fees collected plus interest at the prevailing County treasury rate; (2) Advance payments from government agencies for particular classes of persons made by agreement with the board, (3) Fees collected pursuant to Central and West Maui source assessments prior to enactment of this rule, until these fee balances are expended for the purpose for which collected. (b) For dedicated water system improvements, the Department shall, upon acceptance and by agreement, establish and record a value for the system and any credit activity. [Eff. April 26, 1993, am, ren §16-108-12, and comp 7/29/02] (Auth: HRS 54-33) (Imp: HRS 54-33)SUBCHAPTER 4 UNAUTHORIZED SERVICE 16-108-13 Conversion of unauthorized service. The water service of any current consumer which provides water to any location not identified in the application for water service shall be terminated within 60 days of the enactment of this rule and shall not be reactivated until all recipients of said unauthorized water service shall apply for service. [Eff. April 26, 1993, am, ren §16-108-13, 7/29/02] (Auth: HRS 54-33) (Imp: HRS 54-33) 16-108-14 Effective date. This rule shall become effective ten days after it is filed with the County Clerk of the County of Maui. [Eff. April 26, 1993, am, ren §16-108-14, 7/29/02] (Auth: HRS 54-33) (Imp: HRS 54-33) 16-108-15 Severability. If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application. [Eff. April 26, 1993, am, ren §16-108-15, 7/29/02] (Auth: HRS 54-33) (Imp: HRS 54-33) Adopted this 28th day of May 2002, at Wailuku, Maui, Hawaii.
Department of Water Supply
County of Maui
200 South High Street
Wailuku, HI 96793-2155
Telephone (808) 270-7816
Fax (808) 270-7951