The purpose of this legislation is to conserve the limited water resources in the County of Maui, encourage the use of reclaimed water and reduce the reliance on injection wells for the disposal of wastewater effluent. The mandatory use of reclaimed water for irrigation purposes, in areas where the County or a developer or both have constructed reclaimed water facilities, is an effective means of achieving these goals. The council therefore finds in keeping with the County’s wastewater effluent reclamation policy that it is in the best interest of the public health, safety, and welfare to require the use of reclaimed water for irrigation purposes, wherever economically feasible, in areas where a reclaimed water distribution system has been installed and can be used in compliance with regulatory requirements and to encourage the use of reclaimed water for construction, irrigation and other suitable purposes, in areas where reclaimed water fill stations are available and can be used in compliance with regulatory requirements. The three Brown and Caldwell studies, Wailuku-Kahului feasibility study dated June 1991, West Maui water reuse feasibility study dated May 1992 and the South Maui water reuse feasibility study dated September 1992, together with the rate and fee alternatives for reclaimed water service, serve as the basis for this legislation and are hereby approved. (Ord. 3107 § 1, 2002: Ord. 2687 §§ 1, 2, 1998: Ord. 2525 § 1 (part), 1996)

A. This chapter requires improved commercial property, as defined in this chapter, to connect to available reclaimed water service for irrigation purposes, including but not limited to golf courses, landscaping and agricultural uses, except for properties used for single-family or duplex purposes.

B. This chapter also encourages the use of reclaimed water for construction, irrigation, and other suitable purposes through the use of reclaimed water fill stations.

C. If the State of Hawaii department of health or environmental protection agency prohibits any user of reclaimed water from complying with this chapter, or any provisions hereof, said user shall be exempt therefrom.

D. This chapter applies only in “Central Maui,” “South Maui,” and “West Maui” for mandatory irrigation purposes, as defined by the entire geographic areas shown on Figure 6-2 of the Wailuku-Kahului feasibility study dated June 1991, Figure 6-2 of the South Maui water reuse feasibility study dated September 1992, and Figure 6-2 of the West Maui water reuse feasibility study dated May 1992, respectively, and other locations in Maui County for construction, irrigation, and other suitable purposes where reclaimed water fill stations are made available by the County. (Ord. 3107 § 2, 2002; Ord. 2687 § 3, 1998: Ord. 2525 § 1 (part), 1996)

Whenever used in this chapter, unless a different meaning clearly appears from the context, certain words and terms are defined as follows:

“Agricultural consumers” means all agricultural consumers, including golf courses, that use less than three million gallons of reclaimed water per day based upon average daily flow.

“Agricultural uses” means those agricultural uses, when using reclaimed water, that are regulated by the State of Hawaii department of health.

“Available reclaimed water service” means the existence of a reclaimed water distribution main contiguous to or within one hundred feet of any consumer’s property line.

“Avoided cost” means any and all expenses of an existing consumer to operate and maintain its existing non-potable irrigation system from the nonpotable water source to the reservoir(s), as annually reviewed and approved by the director at the time of connection to the county reuse system and adjusted for inflation, if any, based on the Consumer Price Index, each year thereafter. Avoided cost shall include the same factors used by the public utilities commission of the State of Hawaii when it considers a request by a private water company to grant a permanent rate increase. These factors shall include, but are not limited to, salaries and wages (total man-hours per month and average wage rate to operate and maintain the nonpotable irrigation system, including accounting time), administrative fees (for management support), professional fees (including audit fees and consultant fees), and miscellaneous expenses (including dues and subscriptions, education and travel expenses, bad debt expenses, fringe benefits, income and payroll taxes, depreciation expense, repairs and maintenance, supplies, insurance, rent, utilities, any public service company tax and any public utilities commission fee).

“Connection fee” means the fee to be paid by the reclaimed water consumer as the consumer’s pro rata share for the construction costs for the reclaimed water facilities serving the consumer.

“Construction purposes” means the use of reclaimed water during construction activities, including but not limited to dust control, concrete mixing, street cleaning, water jetting, and flushing sanitary sewers.

“Consumer” means any user of reclaimed water who is required to connect to an available reclaimed water service pursuant to this chapter.

“Cost to retrofit” means all one-time costs which have been approved by the director and are necessary to retrofit the consumer’s existing irrigation system to accommodate the reuse of reclaimed water, including any connection fees and capital improvement costs, such as the cost to install monitoring wells and lysimeters, but excluding any on-going costs such as rates, interest, maintenance, operation, and monitoring costs.

“Cross-connection” means any connection between any part of a water system used or intended to supply water for drinking purposes and any source or system containing reclaimed water or any other auxiliary water supply that is not or cannot be approved as safe for human consumption.

“Department” means department of public works and waste management, county of Maui.

“Director” means the director of public works and waste management or the director’s authorized representative.

“Discontinuation of service” means the cessation of reclaimed water service.

“Duplex” means property used primarily for two-family dwellings as defined in section 19.04.040 of this code.

“Existing consumer” means a user of an existing non-potable irrigation system required by this chapter to use reclaimed water as of the effective date of this chapter.

“Improved commercial property” means all property, including but not limited to golf courses, irrigated landscaping and agricultural uses, except for property used for single-family or duplex purposes.

“Installation charge” means the charge to the user for time and materials required to install the reclaimed water meter.

“Irrigation system” means any permanent irrigation system, commonly composed of items including but not limited to underground pipes and necessary appurtenances thereto, used for the watering of turf grass, lawns, landscaping, and green space.

“Major agricultural consumers” means those agricultural consumers, including golf courses, that use more than three million gallons of reclaimed water per day based on average daily flow, or that have more than 400 acres served by the reclaimed water distribution system, or that have any pasture land served by the reclaimed water distribution system.

“Peak daily usage” means the maximum amount of reclaimed water used on any given day over a calendar year based on actual usage or estimates of peak daily usage by a registered engineer or architect and as approved by the director.

“Pilot project” means any reuse application that has not previously used reclaimed water to determine compatibility with the consumer’s intended use.

“Pro rata share” means the consumer’s estimated or actual peak daily usage in proportion to the construction costs incurred by the county for the reclaimed water facilities serving the consumer.

“Reclaimed water” means wastewater that is rated R-1 water, as defined by the State of Hawaii department of health, and is reused after flowing out of a wastewater treatment facility.

“Reclaimed water distribution system” means facilities consisting of, but not limited to, distribution mains, valves, and appurtenances used to distribute reclaimed water to consumers.

“Reclaimed water facilities” mean all facilities required for the production, storage, transmission, and distribution of reclaimed water owned by the county.

“Reclaimed water rates” means the charge per thousand gallons of reclaimed water according to the quality of the reclaimed water used as set forth in the annual budget.

“Reuse irrigation system” means those facilities located on the consumer’s side of the service connection for the purpose of using reclaimed water.

“Single-family” means property used primarily for single-family dwellings as defined in section 19.04.040 of this code. (Ord. 2687 § 4, 1998; Ord. 2564 § 1, 1997; Ord. 2525 § 1 (part), 1996)

A. All 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. Anyone who desires to use the County reclaimed water fill stations shall file a written application with the department.

C. All users of County reclaimed water fill stations shall be charged a fee as set forth in the annual budget.

D. Each time the County reclaimed water fill stations are utilized, the user shall record information, such as the date, user name, vehicle license number, and meter readings, on the appropriate form provided by the department at the fill stations. (Ord. 2687 §§ 5--7, 1998)

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)

Any person making an application for reclaimed water service shall pay an initial installation charge, based on meter size, as set forth in the annual budget. (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)

Billing and collection procedures for the reclaimed water system shall be bimonthly in accordance with this chapter and any rules relating thereto. There shall be a ten percent per annum penalty on any unpaid balance, which penalty shall be included in the consumer’s bimonthly bill. (Ord. 2687 § 8, 1998: 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)

The director may adopt rules to implement the provisions of this chapter. (Ord. 2525 § 1 (part), 1996)

No person shall do work on the reclaimed water distribution system who is not expressly authorized in writing to do so by the director. This prohibition specifically includes the opening and closing of valves or otherwise causing reclaimed water to flow from the system. (Ord. 2525 § 1 (part), 1996)

It is unlawful for any person to cause a cross connection as defined in this chapter. (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)