16-9-1 Purpose.
16-9-2 Definitions.
16-9-3 Caution low groundwater condition.
16-9-4 Alert low groundwater condition.
16-9-5 Critical low groundwater condition.
16-9-6 Mandatory restrictions related to Alert low groundwater condition.
16-9-7 Mandatory restrictions related to Critical low groundwater
condition.
16-9-8 Surcharge Penalties for Alert and Critical low groundwater
conditions.
16-9-9 Penalties.
16-9-10 Procedures for control of water use during Alert or Critical low
groundwater level conditions.
16-9-11 Termination of Caution, Alert or Critical low groundwater level
conditions.
16-9-12 Exemption of private wells within designated groundwater control
areas.
16-9-13 Effective date.
16-9-1 Purpose. The purpose of the rule is to prevent overdraft of
Iao aquifer.
[Eff. 03/15/99] (Auth: HRS 54-33) (Imp: HRS 54-33)
16-9-2 Definitions. The definitions as set forth herein, and in Board
of Water Supply Rules and Regulations Rule Sections 1-2, 16-8-2,
and 16-7-3 shall apply in these rules unless another meaning is
plainly evident from the context. If there is any conflict between
definitions it is intended that the broader or more inclusive
definition apply. If a word or phrase is not defined the commonly
accepted definition of that word or phrase shall apply.
"Base period water use" or "base period" means the monthly
average water use based on water usage for the immediately
preceding full twenty-four (24) month billing cycle at the time of
the caution low groundwater declaration. Partial billing cycles
are not to be included in the determination of the monthly average.
"Sustainable yield" means the maximum rate at which water may be
withdrawn from a water source without impairing the utility or
quality of the water source as determined by the Commission on
Water Resources Management.
[Eff. 03/15/99] (Auth: HRS 54-33) (Imp: HRS 54-33)
16-9-3 Caution low groundwater condition.
(a) A caution low groundwater condition exists:
(1) At any time the 12 month moving average pumpage of
gallons of water withdrawn from the lao Aquifer exceeds
95% of the sustainable yield of the lao Aquifer; or
(2) Whenever chloride content reaches the absolute limit in
ppm chloride shown in Column A in Schedule 1 in more
than one area based on a 3 month moving average.
(b) The board shall at any time during the period in which a
caution low groundwater condition exists inform the public
that a caution low groundwater condition exists. Thereafter
the director shall:
(1) Conduct an intensive public appeal for water conservation
through the mass media;
(2) Institute voluntary irrigation and other water use
schedules to reduce water consumption;
(3) Send letters to large consumers and other private well
operators asking them to cut back their usage; and
(4) Notify the Mayor, Maui County Council, and the state
Commission on Water Resources Management.
(c) The goal for draft reduction is 5% of lao Aquifer sustainable
yield as determined by the Commission on Water Resources
Management.
(d) Consumers shall be given a target of a 10% reduction of
their base period water use as the goal for reduction of
water use in the caution low ground water condition.
(e) No new applications for water meters or payment of the water
system development fee shall be accepted by the Department
at any time when the combination of actual pumpage from the
Iao Aquifer plus the amount of water estimated to be used,
based on paid for meter reservations for meters which have
not been physically installed, equals or exceeds 98%.
(f) The following procedure shall be followed to issue meters
after the caution low ground water condition is lifted:
(1) The director shall establish a system to put all such
requests on a master list in the order in which they are
received;
(2) When applications for meters may be accepted the
director shall contact the persons on the master list in
the order which the request was received and inform
them that they may file an application. The application
and payment of the fee must be submitted within 90 days
of notification;
(3) If the person does not apply for a meter and pay the fee
within this period the person is removed from the list
and must reapply in the normal course of business; and
(4) No new applications for meters shall be accepted until
all of the persons on the list have first been offered a
meter and have either applied for a meter and paid the
fee or have not applied within the period specified in
subsection (3), above.
(g) The director shall, at each board meeting while a caution
low groundwater condition exists, report to the board:
(1) The status of the chloride levels of the department's
facilities listed in Schedule 1;
(2) The weekly average of daily pumpage; the effectiveness
of the voluntary conservation measures being advocated;
increase or decrease in public appeals to conserve water;
and
(3) Such other information which the board may require from
time to time to evaluate the status of the low condition
and make modification to the voluntary conservation
measures being advocated.
(Eff. 03/15/99] (Auth: HRS 54-33) (Imp: HRS 54-33)
l6-9-4 Alert Low Groundwater Condition.
(a) An alert low groundwater condition exists:
(1) At any time the 12 month moving average pumpage of
gallons of water withdrawn from the Iao Aquifer reaches
98% of the sustainable yield of the Iao Aquifer; or
(2) Whenever chloride content reaches the absolute limit in
ppm chloride shown in Column B in Schedule 1 in more
than one area based on a 3 month moving average.
(b) The board shall at any time during the period in which an
alert low groundwater condition exists declare that an alert
low groundwater condition exists. Thereafter the director
shall:
(1) Implement mandatory restrictions pursuant to Section
16-9-6 of these rules;
(2) Take appropriate action against those person(s) failing
to comply with these provisions as permitted within
these and the other Board Rules and Regulations;
(3) Take any action authorized to be taken pursuant to
Section 16-9-3 of these rules; and
(4) Notify the Mayor, Maui County Council, and the state
Commission on Water Resources Management.
(c) Private wells.
(1) During an alert low groundwater condition period the
Board shall ask owners of private wells that adversely
affect the Iao Aquifer sustainable yield to comply with
maximum monthly water allotments established for each
private well or battery of private wells. Such
allotments shall be stated as a percentage of the
highest average daily draft for each month of the year
over the last five years prior to the effective date of
the alert low groundwater condition as declared by the
board.
Example:
John Doe Well - Average Daily Pumpage Each Month
1993 1992 1991 1990 1989
Jan 2.3 mgd 1.7 mgd *2.4 mgd 2.0 mgd 1.9 mgd
Feb 1.8 mgd 1.9 mgd 1.8 mgd *2.0 mgd 1.8 mgd
Mar *1.9 mgd 1.8 mgd 1.8 mgd 1.7 mgd 1.8 mgd
Apr 2.2 mgd 2.0 mgd *2.6 mgd 2.3 mgd 2.3 mgd
etc. etc. etc. etc. etc. etc.
* Highest Average Daily Pumpage for Each Month of the Year Over
the Last 5 years for John Doe Well.
Jan - 2.4 mgd
Feb - 2.0 mgd
Mar - 1.9 mgd
Apr - 2.6 mgd
etc - etc
(2) In no case shall the allotment be less than 90% of the
highest average daily draft for each month of the year
over the last five years;
(3) Any Owner of two or more separate wells may regulate
the draft of their wells so that aggregate monthly draft
will not exceed the combined monthly allotment for all
of their wells;
(d) The goal for draft reduction is 10% of lao Aquifer
sustainable yield as determined by the Commission on Water
Resources Management.
(e) Consumers shall be given a target of a 15% reduction of
their base period water use as the goal for reduction of
water use in the alert low ground water condition.
(f) The director shall, at each board meeting while an alert
low groundwater condition exists, report to the board:
(1) The status of the chloride levels of the department's
facilities listed in Schedule 1;
(2) The weekly average of daily pumpage; the restrictions
and allotments in force; plans to increase or decrease
public appeals to conserve water; and
(3) Such other information which the board may desire or
require from time to time to evaluate the status of the
low groundwater condition and make modification to the
mandatory conservation measures being advocated.
[Eff. 03/15/99] (Auth: HRS 54-33) (Imp: HRS 54-33)
16-9-5 Critical Low Groundwater Condition.
(a) A critical low groundwater condition exists:
(1) At any time the 12 month moving average pumpage of
gallons of water withdrawn from the lao Aquifer reaches
100% of the sustainable yield of the lao Aquifer;
(2) Whenever chloride content reaches the absolute limit in
ppm chloride shown in column C in Schedule 1 in more
than one area based on a 3 month moving average.
(b) The board shall at any time during the period in which a
critical low groundwater condition exists declare that a
critical low groundwater condition exists. Thereafter, the
director shall;
(1) Implement mandatory restrictions within the scope of
these rules and regulations;
(2) Take appropriate action against those person(s) failing
to comply with these provisions as permitted within
these and the other Board Rules and Regulations;
(3) Take any action authorized to be taken pursuant to
Section 16-9-3 and 16-9-4 of these rules; and
(4) Notify the Mayor, Maui County Council, and the state
Commission on Water Resources Management.
(c) Private wells.
(1) During a critical low groundwater condition period, the
board shall ask owners of private wells that adversely
affect the Iao Aquifer sustainable yield to comply with
maximum monthly water allotments established for each
private well or battery of private wells. Such
allotments shall be stated as a percentage of the
highest average daily draft for each month of the year
over the last five years prior to the effective date of
the critical low groundwater condition as declared by
the board. The board may, from time to time, increase
or decrease the initial percentage limit set for each
well or battery of wells provided that in no case shall
the percentage be less than 70% of the highest average
daily draft for each month of the year over the last
five years.
(2) Any Owner of two or more separate wells may regulate
the draft on their wells so that the aggregate monthly
draft will not exceed the combined monthly allotment for
all of their wells.
(d) The goal for draft reduction is 15% of Iao aquifer sustainable
yield as determined by the Commission on Water Resources
Management.
(e) Consumers shall be given a target of a 20% reduction of their
base period water use as the goal for reduction of water use
during a critical low ground water condition.
(f) The director shall, at each meeting while a declared critical
low groundwater condition as provided herein is in effect,
report to the board:
(1) The status of the chloride levels of the department's
facilities listed in Schedule 1;
(2) The weekly average of daily pumpage; the restrictions
and allotments in force; plans to increase or reduce
restrictions and allotments; and
(3) Such other information which the Board may require from
time to time to evaluate the status of the low groundwater
condition and make modifications to the restrictions and
allotments imposed.
[Eff. 03/15/99] (Auth: HRS 54-33) (Imp: HRS 54-33}
16-9-6 Mandatory restrictions related to alert low groundwater
condition.
(a) Board of water supply consumers. During an alert low ground-
water condition period, the director may set lawn and ground
cover water irrigation restrictions on any of the department's
consumers. Such restrictions shall relate to the time when
such irrigation may take place and the quantity of water
used and may be different for the various classes of the
department's consumers as the director shall determine. In
addition, the director shall establish water allotments for
consumers which shall not be less than 90% of the base
period water use, but not less than 400 gallons/day for
single family and duplex residences.
(b) During an alert low groundwater condition no meter
applications shall be accepted and no meters shall be
installed.
(c) Department personnel may issue warnings and citations for
violations of mandatory restrictions.
[Eff. 03/15/99] (Auth: HRS 54-33) (Imp: HRS 54-33)
16-9-7 Mandatory restrictions related to critical low groundwater
condition.
(a) Board of water supply consumers. The director shall declare
that one or more of the following restrictions apply to any
or all classes of the department's consumers. Such
restrictions may relate to the time when the uses listed in
this paragraph may occur and the quantity of water used and
may be different for the various classes of the department's
consumers as the director may determine.
(b) The restrictions include the following:
(1) Limits on lawn and ground cover water irrigation;
(2) Limits on plant and garden irrigation;
(3) Limits on the washing of cars, boats, trailers, and
other vehicles;
(4) Limits on the filling of swimming pools and other types
of pools and ponds;
(5) Limits on the washing of sidewalks, walkways, driveways,
patios, parking lots, tennis courts, and other
hard-surfaced areas; and
(6) Limits on the operations of fountains.
(c) Department personnel may issue warnings and citations for
violations of mandatory restrictions set by the director.
[Eff. 03/15/99] (Auth: HRS 54-33) (Imp: HRS 54-33)
16-9-8 Surcharge penalties for Alert and Critical Groundwater Conditions.
(a) During alert and critical low groundwater condition periods,
a surcharge schedule for excess water use shall be established
according to the following procedure. The director shall set
water allotments per billing period for each class of the
department's consumers. Such allotments shall be stated as
a percentage (which may be greater than 100% but not less
than 70%) of the base period water use. In addition, the
allotment shall not be less than 400 gallons per day for
single family and duplex residences.
(b) The base period water use as defined in section 16-9-2,
above, shall be used to determine surcharge penalties. This
amount is not a moving average but is intended to be used
for the duration of any Alert or Critical Groundwater
condition.
(c) Surcharge penalties shall be charged as follows during Alert
and Critical Groundwater conditions:
1. Usage between the allotment as set forth in Section
16-9-8(a), above, and the base period water usage shall
be subject to a surcharge of three (3) times the current
highest block rate;
2. Usage above the base period water usage shall be charged
at twenty (20) times the current highest block rate; and
3. Consumers who use more than the base period water usage
are also subject to the installation of a flow restriction
device and/or the discontinuation of water service,
including removal of the meter.
(d) Surcharges shall be assessed each consumer after receipt of
the first water bill following the establishment of
allotments by the board. Upon termination of allotments by
the board, surcharges shall cease.
[Eff. 03/15/99] (Auth: HRS 54-33) (Imp: HRS 54-33)
16-9-9 Penalties. Any violation by any person of the restrictions
declared by the board under Sections 16-9-6 and 16-9-7 of this
chapter or who consumes water in excess of the amount designated
for their class shall be subject to the installation of a flow
restriction device by the department and punishable according to
these rules and regulations and section 3-26 of the rules and
regulations of the department of water supply. An offender shall
pay the actual cost for the installation and removal of a flow
restriction device by the department, which cost shall be billed at
the prevailing wage rate(s) plus costs for equipment and materials.
Water service may be discontinued for an offense committed after
the installation of a flow restrictor in accordance with section
3-12 of the rules and regulations of the department of water supply.
[Eff. 03/15/99] (Auth: HRS 54-33) (Imp: HRS 54-33)
16-9-10 Procedures for control of water use during Alert or Critical
low groundwater conditions.
(a) Declaration of low groundwater level condition. The Director
shall inform the public and the department's consumers of
the declaration of an alert or critical low groundwater
condition by publishing such declaration in a newspaper of
general circulation on the island of Maui at least once a
day for three consecutive days. The alert or critical low
groundwater condition shall begin at midnight on the third
day of the publication declaring such condition. The
following notices shall be issued during an alert or critical
low groundwater condition:
(l) Notice of restrictions. The Director shall inform the
public and the department's consumers of the restrictions
being imposed because of an alert or critical low
groundwater condition by publishing such restrictions in
a newspaper of general circulation on the island of Maui
at least once a day for three consecutive days. The
restrictions shall begin at midnight on the third day of
publication declaring such condition and shall terminate
at midnight on the first day of a publication terminating
such condition;
(2) Notice of water allotment to consumers. Each consumer
shall be notified of their water allotment per billing
period by printing such amount on their water bill or
by direct mail to the consumer. In cases where a water
bill is not sent directly to the person using the water,
the consumer shall be responsible for informing the user
of the water allotment per billing period applicable to
them; and
(3) Notice of maximum monthly water allotment to private
well operators. Private well operators shall be notified
by mail of their monthly water allotment.
(b) Exceptions. Consideration of written applications for
exceptions regarding the allotment system or regulations and
restrictions on water use shall be set forth in this chapter.
Written applications for exceptions shall be accepted, and
may be granted, by the director. The director shall report
to the Board at each Board meeting a list of all exemptions
requested and exceptions granted by consumer class since the
previous meeting. Grounds for granting such exceptions are:
(l) Failure to do so would cause an unnecessary and undue
hardship to the applicant, including but not limited to
adverse economic impacts such as loss of production or
jobs;
(2) Failure to do so would cause an emergency condition
affecting the health, sanitation, fire protection, or
safety of the applicant or the public;
(3) For single family residences with more than four persons
permanently residing in the home, if a written
application for exception is granted as provided herein,
the applicable allotment shall be increased by 40
gallons per person per day for each person permanently
residing in the home in excess of four persons;
(4) For multiple residential units with more than two
dwelling units where the allotment is less than 280
gallons per day per dwelling unit, if a written application
for an exception is granted as provided herein, the
applicable allotment shall be 280 gallons for each unit;
and
(5) Denial of an application for exception may be appealed
in writing to the board, which shall consider the appeal
as a contested case pursuant to Board of Water Supply
Rules of Practice and Procedure, Title 16, chapter 2.
(c) The director shall inform the public and the department's
consumers of the termination by the Board of an alert or
critical low groundwater condition by publishing such
termination in a newspaper of general circulation on the
island of Maui at least once a day for three consecutive
days. The alert or critical low groundwater condition and
all restrictions and allotments associated therewith shall
terminate at midnight on the first day of a publication
terminating such condition.
[Eff. 03/15/99] (Auth: HRS 54-33) (Imp: HRS 54-33)
16-9-11 Termination of Caution, Alert, or Critical low groundwater
conditions. The board may terminate a declared Caution,
Alert, or Critical Low Groundwater condition whenever chloride
content and moving annual average pumpage over three consecutive
months at sources chat caused the declared low groundwater level
conditions to exist are appropriately reduced below their
respective amounts.
[Eff. 03/15/99] (Auth: HRS 54-33) (Imp: HRS 54-33)
16-9-12 Exemption of private wells within designated groundwater
control areas. New and existing private wells within
designated groundwater control areas only shall be exempt from the
provision of these rules and regulations. However, owners of
private wells shall be asked to comply with any allotments set by
the board for private wells. Control and regulation of such wells
shall be subject to state statutes, rules, regulations, directives,
and standards as currently exist and as may, from time to time
hereafter, be amended.
[Eff. 03/15/99] (Auth: HRS 54-33) (Imp: HRS 54-33)
16-9-13 Relationship between designation of the Iao Aquifer for
management and the Iao Water Management Rule. Upon
designation of the Iao Aquifer by the appropriate state agency the
Board shall meet and consider the reasons for designation and
independently determine whether the criteria for declaring either
a caution, alert, or critical low groundwater condition exists and,
if so, to declare the appropriate low groundwater condition as
existing. Nothing in this rule shall require the Board to declare
that any such low groundwater condition exists, even though the Iao
Aquifer may be so designated by a state agency.
[Eff. 03/15/99] (Auth: HRS 54-33) (Imp: HRS 54-33)
16-9-14 Effective date. This rule shall become effective ten (10)
days after it is filed with the county clerk of the county of Maui.
[Eff. 03/15/99] (Auth: HRS 91-4) (Imp: HRS 54-33)
Adopted on the 14th day of January, 1999, by the Board of Water
Supply of the County of Maui.
| COLUMN A ("Caution Low Ground- Water Condition) |
COLUMN B ("Alert" Low Ground- Water Condition) |
COLUMN C ("Critical" Low Ground- Water Condition) |
|||
|---|---|---|---|---|---|
| Central District | Central District | Central District | |||
| Area |
Absolute Chloride Level ppm |
Area |
Absolute Chloride Level ppm |
Area |
Absolute Chloride Level ppm |
| Wailuku Shaft |
80 | Wailuku Shaft |
100 | Wailuku Shaft |
120 |
| Mokuhau | 160 | Mokuhau | 180 | Mokuhau | 200 |
| Waiehu Heights |
160 | Waiehu Heights |
180 | Waiehu Heights |
200 |
| Waiehu | 80 | Waiehu | 100 | Waiehu | 120 |
| Kepaniwai | 40 | Kepaniwai | 60 | Kepaniwai | 80 |
Department of Water Supply
County of Maui
200 South High Street
Wailuku, HI 96793-2155
Telephone (808) 270-7816
Fax (808) 270-7833