Chapter 14.01 GENERAL PROVISIONS

For the purpose of this article, unless it is plainly evident from the context that a different meaning is intended, certain words and phrases used herein are defined as follows:

“Applicant” means any person who causes, or applies to cause, land to be divided into a subdivision.

“Approved engineering report” means a report prepared by a licensed professional engineer, experienced in such fields as water resources, hydrogeology, water supply, or environmental engineering, and approved by the director of the state department of health pursuant to department of health rules, for non-County water service.

“Board” means the board of water supply of the County of Maui.

“Commission” means the commission on water resource management of the State of Hawaii.

“Consolidated metering system” means the means by which water is furnished through a centralized metering system to multiple consumer units.

“Construction” means any work associated with development of a new water source.

“Consumer” means the person, firm, corporation, association, or governmental entity, whether owner or tenant, whose name appears on the records of the department as the party responsible and liable for receiving water service from the department.

“Consumer’s supply pipe” means the pipe extending from the consumer’s end of the service connection.

“Cost of service lateral” means the sum of the cost of the labor, materials, meter box, transportation, equipment, and road repair, if any, and other charges necessary for the complete installation of a service lateral, but excluding the cost of the meter.

“Council” means the council of the County of Maui.

“Cumulative impact” means the impact on the environment and water supply that results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time.

“Department” means the department of water supply of the County of Maui.

“Department of health” means the State of Hawaii department of health.

“Department of health rules” means Hawaii Administrative Rules, title 11, chapter 20, entitled “Rules Relating to Potable Water Systems.”

“Director” means the director of the department of water supply of the County of Maui or an authorized representative of the director.

“Dwelling unit” means any building, addition, extension, or any portion thereof, which is designated or intended for occupancy by one family or persons living together or by a person living alone.

“Groundwater” means any water found beneath the surface, whether in perched supply, dike confined, flowing or percolating in underground channels or streams, under artesian pressure or not, or otherwise.

“Irrigation” means the use of water for grazing and agricultural purposes.

“Long-term, reliable supply of water” means: (1) a County water meter reservation, as established by a receipt for payment of a County water meter reservation verifying that the proposed subdivision will be provided source and service; or (2) the total water supplies from a private, non-County source that will meet the projected demand associated with a proposed development, in addition to existing and planned future demand, as established by an approved engineering report.

“Main” or “main pipe” means the department’s supply or distribution pipe from which service connections are made.

“Off-site water improvements” means that portion of a subdivision water system from the point of adequacy to the point of entry of such system into the subdivision boundaries.

“On-site water improvements” means that portion of the subdivision water system constructed within the property limits of the subdivision, to include all fire hydrant assemblies and service laterals whether on or off said property and as required by the department.

“Plan” means the water use and development plan.

“Potable water” means water that has been certified by the department of health as suitable for cooking or drinking purposes.

“Premises” means the parcel of land, lot or lots, on which the development, improvement, or service is planned.

“Private water system” means a water system constructed, owned, operated, and maintained by private individuals, corporations, or organizations.

“Public water system” means the water system owned, operated, and maintained by the County of Maui.

“Service lateral” means the main tap, pipes, fittings, and valves and appurtenances from the water main to and including the meter box.

“State water code” means chapter 174C, Hawaii Revised Statutes.

“Subdivision” means improved or unimproved land or lands divided into two or more lots, parcels, sites, or other divisions of land for the purpose, whether immediate or future, of sale, lease, rental, transfer of title to or interest in, any or all such parcels. Except as otherwise permitted by law, for purposes of this article, a development consisting of four or more dwelling units on a lot, parcel, or site, including planned unit developments and condominiums reviewed, approved and established pursuant to Hawaii Revised Statutes, shall be deemed a subdivision.

“Surface water” means both contained surface water, that is, water upon the surface of the earth in bounds created naturally or artificially, including, but not limited to, streams, other watercourses, lakes, reservoirs, and coastal waters subject to state jurisdiction, and diffused surface water, that is, water occurring upon the surface of the ground other than in contained water bodies. Water from natural springs is surface water when it exits from the spring onto the earth’s surface.

“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, and set forth in the plan.

“Traditional and customary native Hawaiian rights and practices” means the rights of ahupuaa tenants who are descendents of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, including the cultivation or propagation of taro on one’s own kuleana and the gathering of hihiwai, opae, oopu, limu, thatch, ti leaf, aho cord, and medicinal plants for subsistence, cultural, and religious purposes, as set forth in article XII, section 7 of the Hawaii State Constitution, and Section 174C-101, Hawaii Revised Statutes.

“Water service” means the complete installation of pipes, fittings, appurtenances, and meter necessary to provide service to a consumer. This term also refers to the delivery of water to consumers.

“Water system” means a network of pipelines, storage, pumps, and other appurtenances, wells, or other sources which furnishes a supply of water to the consumer.

“Water system development fee” means a monetary charge imposed on an 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 water system. (Ord. 3502 § 1, 2007; Ord. 3404 § 4 (part), 2006)