COUNTY OF MAUI, BOARD OF WATER SUPPLY
RESOLUTION NO. 05 (1997)

INSTRUCTING THE DIRECTOR TO ADMINISTRATIVELY DENY REQUESTS
FOR WAIVERS OF WATER SERVICE CHARGES WHERE THE CONSUMER'S
EQUIPMENT FOR RECEIVING WATER SERVICE IS IMPROPERLY
INSTALLED AND MAINTAINED BY THE CUSTOMER



     WHEREAS, Rules and Regulations of the Department of

Water Supply of the County of Maui ("Rules") Rule 3-16(a)

places responsibility on water consumers to maintain, at

their own risk, all equipment that may be required for

receiving, controlling, applying and utilizing water from

the Department; and

     WHEREAS, Rule 3-16(a) further places the responsibility

for any loss or damage caused by the improper installation

of such equipment on the consumer, including monetary loss

due to improperly installed equipment causing excess

consumption of water; and

     WHEREAS, from time to time consumers request waivers

from their water service charges due to this excess

consumption; and

     WHEREAS, the Board routinely denies requests for

waivers from all or part of the water service charge because

of concern for consumers that must subsidize such waivers;

and

     WHEREAS, the Board has no objection to such consumers

establishing a payment plan with the Department for payment

of such excess charges;

     WHEREAS, the Board desires to have the Director handle

these matters administratively, without having them brought

before the Board; now, therefore,



     BE IT RESOLVED by the Board of Water Supply of the
     County of Maui that:

     1. The Board hereby instructs the Director of the

Department of Water Supply to deny requests for a waiver of

all or a part of excess water service charges caused by such

improper installation of equipment without bringing them

before the Board.

     2.  The Director may establish a payment plan with such

consumers as may be in the best interest of the Department.

     3. The Director shall submit a monthly report to the

Board regarding denials of such requests and payment plans

arranged with consumers.

IN WITNESS WHEREOF, and by proper vote of the Board of Water

Supply, I have hereunto subscribed my name and affixed the

seal of the Board of Water Supply


this 16th day of September, 1997.

Dorvin Leis, Chairperson
Maui County Board of Water Supply

APPROVED AS TO FORM
AND LEGALITY:

Gary Zakian
Deputy Corporation Counsel