A. The council finds that potable water must be limited to personal use in homes and businesses. The county must be assured that an adequate supply of such water will be available for current and future needs.

B. A golf course can use as much as one million gallons of water per day for irrigation and other nondomestic purposes and it is inappropriate to use potable water for such a purpose. The purpose of this chapter is to prevent the use of potable water for irrigation and other nondomestic purposes at golf courses by restricting the approval of any permit necessary for golf course construction, if that golf course cannot show that it will use a nonpotable source of water. (Ord. 2066 § 1 (part), 1991)

For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms and words are defined as follows:

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

“Grading” shall have the same meaning as defined in chapter 20.08 of the Maui County Code.

“Grubbing” shall have the same meaning as defined in chapter 20.08 of the Maui County Code.

“New golf course” means all golf courses which are not in operation prior to the effective date of the ordinance codified in this chapter and whose development requires approval of a community plan amendment and rezoning of the golf course properties by the county council after the effective date of the ordinance codified in this chapter.

“Nondomestic use” means water used for purposes other than drinking, bathing, heating, cooking, and sanitation.

“Permit” means the official document or certificate issued by the county authorizing the grading or grubbing of a parcel or the construction of any building or structure.

“Potable water” means surface water which has been treated and satisfies standards set forth in chapter 20 of the state department of health rules entitled “potable water systems” and maximum contaminant level goals and national secondary drinking water contaminants set forth in 40 C.F.R. sections 141 and 143 (1990), and groundwater extracted at an acceptable rate and containing less than two hundred fifty milligrams per liter (mg/l) chlorides and which can be disinfected to satisfy standards set forth in the department of health rules chapter 20 entitled “potable water systems” and maximum contaminant level goals and national secondary drinking water contaminants set forth in 40 C.F.R. sections 141 and 143 (1990).

“Reclaimed water” means effluent resulting from the treatment of sewage which has been disinfected and determined by the department of health to be appropriate for irrigation and nondomestic usage.

“Structure” shall have the same meaning as defined in title 18 of the Maui County Code, the subdivision ordinance. (Ord. 2066 § 1 (part), 1991)

A. Prior to approval of any permit for any new golf course, the permit application shall be transmitted to the department of water supply for its review and recommendations. The department shall consider whether potable water will be used for irrigation and other nondomestic purposes.

B. No permits shall be approved for any new golf course if potable water is to be used for irrigation and other nondomestic purposes.

C. If the state commission on water resource management designates a water management area pursuant to chapter 174C, Hawaii Revised Statutes, withdrawals or diversions shall be pursuant to that chapter.

D. This chapter shall not be construed to prevent the use of reclaimed water for irrigation and other nondomestic purposes. (Ord. 2066 § 1 (part), 1991)

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Ord. 2066 § 1 (part), 1991)