Article III. Reclaimed Water Distribution System

A. All consumers and users of reclaimed water shall be subject to the applicable rules and guidelines of the State of Hawaii department of health and other regulatory bodies having jurisdiction over reclaimed water.

B. Each consumer shall be solely responsible for maintaining the consumer's reuse irrigation system in good working condition as necessary to ensure compliance with the provisions of this chapter and rules relating thereto. The consumer shall pay the cost of all maintenance required for the consumer's reuse irrigation system.

C. The department shall monitor reclaimed water use so as not to exceed the capacity of the system. It is the intent of the county to maximize the use of reclaimed water. At times it may be necessary to limit a consumer's use of reclaimed water. Notwithstanding any provision of this chapter to the contrary, the county makes no representation as to the availability or implementation of reclaimed water service within the county.

D. The department reserves the right at all times to shut off service, with reasonable notice where practicable, for the purpose of making repairs, maintenance, extensions, or other modifications, and will not be responsible nor liable for any property loss or damage incurred by the consumer due to interruption of service.

E. If, for any reason, the department is unable to make reclaimed water available, the consumer may connect an alternative water source to the consumer's reuse irrigation system for so long as reclaimed water is not available.

F. If a sufficient amount of reclaimed water is not available to satisfy a consumer's needs, or if the chloride levels of the reclaimed water are too high for the consumer's intended purpose, the consumer may blend water from alternative sources (except for potable water sources) in accordance with rules adopted by the director.

G. If the chemical quality of the reclaimed water is incompatible with the consumer's intended purpose, the consumer may blend water from alternative sources (except for potable water sources) in accordance with rules adopted by the director for the duration of a pilot project not to exceed three years. The reclaimed water rate shall not apply during the pilot project. Thereafter, the reclaimed water rate shall be as set forth in the annual budget.

H. Any use of alternative water sources shall be in compliance with all applicable statutes, rules, or regulations. (Ord. 2525 § 1 (part), 1996)

A. Any consumer or other person who desires to use the reclaimed water service of the county shall file a written application with the director.

B. Where there exists available reclaimed water service to improved commercial property, any existing irrigation system shall be connected to the reclaimed water system within one year of service availability in accordance with the provisions of this chapter and any rules relating thereto.

C. An irrigation system to be constructed on commercial property to which there exists available reclaimed water service shall be connected to the available reclaimed water service upon construction of the irrigation system in accordance with the provisions of this chapter and rules relating thereto. It is unlawful for any person to construct on any improved commercial property an irrigation system, to which available reclaimed water service exists, which does not use reclaimed water. (Ord. 2525 § 1 (part), 1996)

A. Any person making application for reclaimed water service shall pay a connection fee based on peak daily usage, as set forth in the annual budget.

B. No connection fee shall be charged to consumers or other persons for two years following the effective date of the ordinance establishing reclaimed water rates. Any other consumer required or other persons desiring to use reclaimed water after this period shall pay the connection fee as set forth in the annual budget. (Ord. 2564 § 2, 1997; Ord. 2525 § 1 (part), 1996)

A. Unless otherwise provided herein, all consumers shall pay to the county the reclaimed water rates as set forth in the annual budget.

B. There shall be three classes of consumers set forth in the annual budget:

1. Major agricultural consumers;

2. Agricultural consumers; and

3. All other consumers.

C. To allow existing consumers to recover their retrofit costs, reclaimed water rates shall be one-half of the lesser of either the rates established in the annual budget, as amended from time to time, or (2) the existing consumer's avoided cost, as defined in section 20.30.030, as annually reviewed and approved by the director at the time of connection as adjusted for inflation, if any, each year thereafter.

D. The rate set forth in subsection C of this section for existing consumers shall continue until the cost to retrofit, as defined in section 20.30.030, has been recovered by the existing consumer. Thereafter, the existing consumer shall pay to the county the lesser of either (1) the rates established in the annual budget, as amended from time to time, or (2) the existing consumer's avoided cost, as defined in section 20.30.030, as annually reviewed and approved by the director at the time of connection and adjusted for inflation, if any, each year thereafter.

E. Any existing consumer requesting to pay its avoided cost in lieu of the rates established in the annual budget shall cooperate fully and assist the director in a records audit and premises inspection to verify the consumer's expenses to operate and maintain its existing nonpotable irrigation system at the time of connection and adjusted for inflation, if any, each year thereafter. Any record of the consumer reviewed by the director pursuant to this section shall be kept strictly confidential to the extent permitted by law.

F. Any decision by the director denying any existing consumer's request to pay its avoided cost in lieu of the rates established in the annual budget may be appealed by the consumer to the board of variances and appeals pursuant to the appeal procedures set forth in chapter 19.520 of this code. (Ord. 2564 § 3, 1997: Ord. 2525 § 1 (part), 1996)

A. If a potable water meter serving a property has been disconnected or removed by the department of water supply for nonpayment, the reclaimed water meter, if any, shall also be disconnected or removed.

B. Application to discontinue service, either by disconnection or removal of the meter, shall be made in writing by the consumer to the director. The consumer shall be responsible for all reclaimed water used up to the date of actual discontinuation of service.

C. Within three business days of the request by a consumer to discontinue service, the meter shall be read by the department and a final bill rendered.

D. The department may disconnect any consumer when, in the opinion of the director, the consumer's reuse irrigation system puts in jeopardy the public health, safety, or welfare. (Ord. 2525 § 1 (part), 1996)

A. To ensure that the provisions of this chapter and the applicable rules are observed, the department may inspect, and secure or remove, as necessary, any or all devices, including but not limited to, backflow preventers, valves, fittings, pipes, and sprinklers which connect to or control the reclaimed water.

B. The refusal by a consumer to permit an authorized department employee or agent to enter on private property for the purpose of inspecting an irrigation system may result in the immediate discontinuance of the reclaimed water service. (Ord. 2525 § 1 (part), 1996)

A. Any consumer required to use reclaimed water may request, in writing to the director, an exemption from the requirement of this chapter if the use of reclaimed water will place an unreasonable economic burden on the consumer. The consumer shall file an appeal within thirty days of being notified to connect to the reclaimed water system. For purposes of this section, in determining if the use of reclaimed water will place an unreasonable economic burden on the consumer, the director may consider factors such as the consumer's gross revenue, adjusted gross income or average operating profit (less allocated general administrative cost and interest) for the preceding five years, compared to the cost to retrofit, as defined in section 20.30.030, or the consumer's cost to operate, maintain, and monitor its existing irrigation system, compared to the consumer's cost (including rates) to operate, maintain, and monitor after retrofit.

B. The director may also exempt consumers required to connect if there exists a special or unique geographical or physical condition which would prevent connection to reclaimed water facilities.

C. Any consumer may appeal the decision of the director to the board of variances and appeals pursuant to the appeal procedures set forth in chapter 19.520 of this code. (Ord. 2525 § 1 (part), 1996)

A. Any person who violates any provision of this chapter or rules relating thereto shall, for each day of violation, or portion thereof, be subject to a fine not exceeding one thousand dollars. In addition, that person shall be liable for any costs incurred by the county to correct the violation. In lieu of, or in addition to, enforcement by criminal prosecution, the director may prosecute violations administratively pursuant to section 19.530.030 of this code or any other provision or rule adopted hereafter.

B. The remedies provided for in this chapter shall be cumulative and not exclusive. Nothing in this chapter shall impair the right of the county to seek enforcement by criminal prosecution, administrative proceeding, if any, or civil action, including but not limited to filing suit for damages or injunction as provided by law. (Ord. 2525 § 1 (part), 1996)

Any exemption from this chapter shall be valid for the period ending five years after the exemption is granted. at which time the exemption shall expire unless otherwise renewed pursuant to application by the person claiming exemption and approval by the director. Any decision by the director denying an application to renew any exemption from this chapter may be appealed by the person claiming exemption to the board of variances and appeals pursuant to the appeal procedures set forth in chapter 19.520 of this code. (Ord. 2564 § 4, 1997)