Each of the several regional wastewater treatment systems in the county of Maui has been designed for a specific capacity to accommodate wastewater transmission and treatment. Based upon building permits already issued, the Kihei regional wastewater treatment system will soon receive wastewater flows which will reach or exceed the design capacity of the regional wastewater system. (Ord. 1787 § 3 (part), 1989)

The ordinance codified in this chapter is adopted pursuant to article VIII of the constitution of the State, the charter of the county of Maui and the authority granted to the county by chapters 46, 61, 62, 205 and 205A of the Hawaii Revised Statutes. (Ord. 1787 § 3 (part), 1989)

Whenever used in this chapter, unless a different meaning clearly appears from the context:

“Additional capacity” means any increase in wastewater treatment capacity due to improvements in existing transmission lines or plants as well as the construction of further transmission lines and plants.

“ADF” means actual peak average daily flow.

“Affordable housing” means long-term residential developments to be marketed for sale or rental for persons or families whose incomes are identified as one hundred and forty percent or less of the median income for the county of Maui for an adjusted family size as determined by the United States Department of Housing and Urban Development.

“Applicant” means any person, having the requisite authority, who applies or has applied for a building permit or any subdivision approval.

“Benchmark wastewater flow” means the highest peak gallons per day flow received at a regional wastewater treatment plant.

“Building” shall have the same meaning as defined in the Uniform Building Code as adopted, amended or replaced by the county.

“Building permit” means the official document or certificate issued by the county authorizing the construction of any building or structure.

“Certificate of occupancy” means the official document or certificate issued by the county authorizing the occupancy of any building or structure.

“County” means the county of Maui.

“Development” means the erection of one or more buildings or structures or a subdivision of land into two or more lots.

“DC” means the design capacity (as expanded).

“Director” means the director of public works of the county of Maui.

“Dwelling” means a building or part thereof designed exclusively for or used for residential occupancy (or both) and containing not more than two residential units.

“Long-term residential developments” means single- family or multifamily developments which are occupied by an owner or lessee for a continuous period of six months or more per year.

“New development” means any development, construction or installation which results in real property improvement or which requires a building permit.

“Person” means an individual, firm, partnership, company, corporation, association, syndicate or any legal entity including any trustee, receivor, assignee or other similar representative thereof.

“Public/quasi-public uses” means those permitted uses as set forth in chapter 19.31 of this code.

“Public wastewater treatment system” means a waste- water treatment system directly controlled by or under the jurisdiction of the department of public works of the county.

“Regional wastewater treatment plant” means the Kihei wastewater treatment plant.

“Regional wastewater treatment system” means the Kihei wastewater treatment system in which service area the development or new development is located.

“Restricted areas” means the parcels of land, including any structures located thereupon, within the service area of the Kihei wastewater treatment system.

“RR” means future long-term residential development flow estimates.

“Structure” shall have the same meaning as defined in the Uniform Building Code as adopted, amended or replaced by the county.

“Subdivision” shall have the same meaning as defined in title 18 of this code, the “subdivision ordinance.”

“Uniform Building Code” means the Uniform Building Code as adopted, amended or replaced by the county (such code is currently set forth in chapter 16.26 of this code).

“Wailea Resort” means Wailea Resort Company, Limited, and its predecessors in interest.

“Wastewater” means water-carried wastes from dwellings, commercial establishments, institutions and industrial plants, together with such groundwater, surface water and stormwater which is not intentionally admitted.

“Wastewater treatment plant” means the facility which receives and treats wastewater.

“Wastewater treatment system” means an all-inclusive term for wastewater collecting, pumping, treatment and disposal facilities.

Any word or phrase not specifically defined herein shall have the same definition as such word or phrase is given in the appropriate section or sections of this code. (Ord. 2262 § 1, 1993; Ord. 2022 § 1, 1991: Ord. 1787 § 3 (part), 1989)

Unless otherwise provided in this chapter, the provisions of this chapter shall apply to all new developments in the restricted areas. The provisions of this chapter shall continue until (a) the wastewater treatment system capacity of the regional wastewater treatment system concerned is increased sufficiently to accommodate the increased wastewater flow or (b) April 30, 1991, whichever is sooner; provided, that whenever the wastewater treatment system capacity is again reached, the provisions of this chapter shall again be deemed reinstated until additional wastewater treatment system capacity becomes available; and provided further, that the provisions of section 20.16.070 shall continue in force until the total expansion capacity has been allocated. (Ord. 1923 § 2, 1990: Ord. 1787 § 3 (part), 1989)

A. If at any time the director determines, based upon the total of (1) benchmark wastewater flow received at a regional wastewater treatment plant and (2) anticipated flows from developments for which permits have already been issued, that the regional wastewater treatment plant concerned has reached its design capacity, the director shall not permit further connection to the regional wastewater treatment system concerned.

The director shall, further, restrict connection to the public wastewater treatment system where the collection system is inadequate to accommodate additional wastewater.

The director may continue to process and issue building permits and subdivision applications, provided the applicant and land owner(s) understand and agree in writing that connection to the public wastewater treatment system shall not be permitted until such time as the wastewater treatment system is able to accommodate the wastewater flows from such applicant’s development.

A certificate of occupancy for any development that generates wastewater flows shall be issued only if either (1) wastewater flows can be accommodated by the regional wastewater treatment system, or (2) a private wastewater treatment system or individual wastewater treatment system which has been approved by the State of Hawaii department of health, has been constructed.

B. After making the determination identified in subsection A of this section as to (1) whether the regional wastewater treatment plant has reached its design capacity or (2) whether the collection system is inadequate to accommodate additional wastewater, the director shall provide the council, within ten working days, the engineering and other technical data upon which said director based the determinations so made.

C. For purposes of this chapter, the following shall apply:

1. Regional wastewater treatment system design capacity:

a. Kihei wastewater treatment plant--4.0 million gallons per day.

2. Benchmark wastewater flow:

a. Kihei wastewater treatment plant--3.2 million gallons per day. (Ord. 1787 § 3 (part), 1989)

A. Section 20.16.050 of this chapter shall not apply to:

1. Developments for which building permits have been lawfully issued and are in effect on the effective date of this ordinance;

2. Long-term single-family residential developments;

3. County housing projects and other county facilities;

4. Improvements to the public infrastructure;

5. The repair, maintenance, or renovation of an existing structure, if such repair, maintenance, or renovation does not increase the wastewater flow from such existing structure;

6. New structures which are accessory to existing uses in existing structures on the underlying parcel, if the new structure does not increase the wastewater flow from such underlying parcel; and

7. Developments necessary for the health, welfare, and safety of the public.

B. The above exemptions shall be effective until waste- water treatment capacity totaling two hundred thousand gallons per day has been allocated to qualified developments at which time the provisions of section 20.16.050 shall apply. In the event the director determines, based on actual operating information and engineering and technical data that wastewater flows in excess of two hundred thousand gallons per day can be accommodated, the director may make a recommendation to the council to extend the granting of the above exemptions, which recommendation may be approved by the council by ordinance. The two- hundred-thousand-gallon capacity referred to in this subsection shall be calculated based upon capacity for building permits filed after January 31, 1988. (Ord. 1787 § 3 (part), 1989)

A. The remaining expansion capacity of five hundred forty-six thousand one hundred sixty gallons per day (gpd) at the regional wastewater treatment plant shall be allocated as follows:

1. Long-term residential housing: two hundred thousand gpd;

2. Public/quasi-public uses: fifty thousand gpd;

3. Kihei research and technology park: twenty-six thousand five hundred gpd;

4. Wailea Resort: sixty-two thousand two hundred gpd;

a. Long-term residential housing: forty-seven thousand two hundred gpd,

b. Unspecified uses except for hotels: fifteen thousand gpd;

5. All other developments shall be allocated upon availability of capacity subsequent to the deduction of the wastewater allocations for subsections A1, 2, 3, and 4, and provided that the council, by resolution, must approve each request for wastewater capacity for hotel uses: two hundred seven thousand four hundred sixty gpd.

B. In making this determination, where capacity is available and the development of the applicant next in line exceeds the available capacity, the director may in his discretion allocate such available capacities to later applicants in the order of permit issuance. Prior to making such a determination, the director shall allow the applicant, whose development exceeds the available capacity, thirty days within which to make adjustments to the development plans. If the adjustments bring the flow projections within the available capacity, the said applicant shall be allowed to connect to the extent of the reduced capacity. Should said applicant fail to adjust the development plans to said development’s wastewater flow demands to a flow not exceeding the available capacity within said thirty days, the director may proceed to allocate available capacity in the manner noted hereinabove.

The formula for calculating additional capacity for developments other than long-term residential is as follows:

DC - (ADF + RR) = capacity available for developments other than long-term residential developments.

C. All developments which utilize the expansion capacity shall comply with the applicable terms of any sewer impact fee or assessment ordinance adopted on or before December 31, 1994. (Ord. 2391 § 1, 1994; Ord. 2262 § 2, 1993; Ord. 2126 § 1, 1992; Ord. 2022 § 2, 1991; Ord. 1843 § 1, 1989: Ord. 1787 § 3 (part), 1989)

The council shall review the provisions set forth in section 20.16.070 of this code every six months. (Ord. 2022 § 3, 1991)

A. The Wailea Resort will be credited one million gpd reserve capacity in the regional wastewater treatment plant, as a result of contributions to the design and construction of the regional wastewater system, less eight hundred fifty-four thousand five hundred gpd allocated for projects developed or proposed to be developed by Wailea Resort to date.

The remaining reserve capacity of one hundred forty-five thousand five hundred gpd shall be set aside exclusively for the use by Wailea Resort, in accordance with the provisions under section 20.16.060, as projects are ready to be developed in the Wailea Resort area and upon the availability of wastewater capacity at the regional wastewater treatment plant pursuant to subsection B of this section.

1. Wailea Resort will use the reserve capacity only for land which it own, leases, or subsequently acquires in fee or lease within the service area served by the South Kihei portion of the regional wastewater system, provided that the property acquired is part of a program to expand the boundaries or the operations of the Wailea Resort, or to comply with any future requirement of the county.

2. If Wailea Resort subsequently determines that any portion of its reserve capacity granted under this provision is not needed for the full development of its lands, then Wailea Resort shall offer the county the right, for thirty days, to purchase the excess reserve capacity. The purchase price shall be $2.30 per gallon based on the price per gallon paid by Wailea Resort, multiplied by the number of gallons being sold. If the county declines to purchase the excess reserve capacity, then Wailea Resort may sell the excess reserve capacity to any person or persons for use within the area served by the regional wastewater treatment system, pursuant to a wastewater assessment fee ordinance or similar type assessment that may be in existence, multiplied by the number of gallons being sold. If a wastewater assessment fee or similar type assessment has not been adopted at the date of sale, then the purchases price shall be $2.30 per gallon, multiplied by the number of gallons being sold, plus ten percent per year from the effective date of the ordinance codified in this section.

3. Any sale of excess reserve capacity shall be used by the purchaser in conformance with the ordinances of the county at the time of sale.

4. A notice of sale signed by the Wailea Resort and the purchaser shall be filed with the county within thirty days after the sale. The county is not obligated to recognize any sale of any excess reserve capacity if not properly filed with the county or consummated without complying with these provisions.

B. Upon the expansion of the regional wastewater treatment plant beyond six million gpd, or if a new wastewater treatment plant serving the Kihei-Makena area, including the Wailea Resort area, is constructed, or if a portion of the regional wastewater treatment plant capacity becomes available due to diversion of wastewater from the regional wastewater treatment plant to another treatment plant, any remaining reserve capacity of Wailea Resort shall then be allocated from the expanded or newly available wastewater capacity to the extent that such capacity is available.

C. The county may require that either new transmission lines be constructed if no transmission line is available, or existing transmission lines or pump stations be upgraded if not adequate to serve the proposed development, or both.

D. Notwithstanding any language herein to the contrary, Wailea Resort may obtain additional wastewater capacity in the regional wastewater treatment system by paying any applicable assessment fee provided in the wastewater assessment fee ordinance that may then be in effect. (Ord. 2262 § 3, 1993)

The council, by resolution, may waive the application of this chapter, either for current capacity or wastewater treatment plant expansion capacity, if it finds that a structure or subdivision:

A. Will be used for long term residential purposes, or Kihei research and technology park purposes which promote economic diversification, and that conditions enforceable against the owner of the land underlying the structure or of the subdivision and incorporated in a unilateral agreement, running with the land and filed with the bureau of conveyances or the land court, reasonably assure the use of the structure or subdivision for such purposes; and

B. Will have a minimal impact on sewage flow; and

C. Is necessary to the public health, safety and welfare. (Ord. 1787 § 3 (part), 1989)

The provisions of subsections 14.21.010(A), (B), (C), (D), (E), and (F) of this code are suspended for developments and new developments subject to the provisions of this chapter for the period(s) during which the provisions of disallowance under section 20.16.050 of this chapter are in effect. (Ord. 1787 § 3 (part), 1989)