NOTICE OF PUBLIC HEARING
COUNTY OF KAUA’I
The Board of Water Supply of the County of Kaua’i (“Board”) will hold
a public hearing and receive public testimony and comments from all
interested persons regarding the following item:
PROPOSED AMENDMENTS TO THE RULES AND REGULATIONS OF
THE BOARD OF WATER SUPPLY, COUNTY OF KAUA’I, STATE OF HAWAI’I
Administrative rule material to be repealed is bracketed. New material is underscored.
Deleted material is stricken.
The Department of water is recommending the following rule changes:
PART 2 – WATER SERVICE CONNECTIONS
SECTION II – GENERAL CONDITIONS
1. Any prospective consumer may obtain water service provided all of the following
conditions are met:
a. In the event that Water Sservice limits Areas are established by the Depart
ment, that the premises are within these limits a Water Service Area.
A “Water Service Area” is defined as an area that is serviced by existing water
system facilities. A Water Service Area is generally limited to areas that have appropriate
planning and zoning approvals in place. Water service is generally available within a
Water Service Area unless system infrastructure improvements are needed to provide
adequate water supply without detrimentally affecting existing consumers. As identified
in Water Plan 2020, water systems and the Water Service Area can be used for purposes
of planning and can be applied to guide service and development of future water service.
Consistent with the Kaua’i General Plan and for the purposes of Water Plan
2020, the Department takes a conservative approach in defining service areas of the
existing water systems, in effect, limiting them to areas that have appropriate planning
and zoning approvals in place. Land use policies area established and governed by the
County. The Department seeks to coordinate development effort with the County and
private developers seeking to connect to Department-operated water systems.
If the premises are not located within a Water Service Area, then the
Department may grant an exemption to this section pursuant to procedures adopted
by the Department. and as long as the prospective consumer provides the necessary
source, storage and transmission facilities required for the prospective consumer’s
anticipated use.
b. The Department has a sufficient water system developed for domestic use
and, if required by the Department, a sufficient water system for fire
protection. In order to determine the sufficiency of the water system, the
Department may require the prospective consumer to estimate the amount of
water to be used.
c. The consumer agrees to design, construct, and install any component of the
water system required by the Department in compliance with (1) all
applicable statutes, ordinances, rules, and regulations of the State of Hawai’i
and the County of Kaua’i, and (2) the 2002 Water System Standards
(“Standards”) developed by Hawai’i’s four county departments of water,
as amended by the Department’s 2005 Amendments (“2005 Amendments”)
to the Standards as it may be subsequently amended. The Standards and
the 2005 Amendments (as amended) are hereby incorporated by reference
into the Department’s rules. The Manager and Chief Engineer may, for good
cause shown, permit departure from the Standards or 2005 Amendments, or
both (as amended).
d. The consumer agrees to abide by these rules and regulations.
e. All applicable charges have been paid.
The Department of Water is recommending the following rule changes:
PART 5 – FACILITY RESERVE CHARGE
SECTION III – APPLICABILITY
1. The Facilities Reserve Charge shall be assessed against all new
developments and subdivisions requiring supply of water from the County of
Kaua’i, Department of Water, and existing developments requiring new or
additional supply of water from the Department’s system. The Facilities
Reserve Charge must be paid before water services are made available to the
new or existing development.
2. The Facilities Reserve Charge shall be paid by all Applicants for new or
additional water service, including but not limited to the following:
a. All irrigation services and/or meters.
b. Additional buildings to be connected to existing services where additional
demands are indicated. The charges shall be based on the meter sizes
required if the buildings were metered separately.
c. Additional dwellings connected to existing services and meters under the
categories of single family and multi-family residential units. The charges
will be based on the established schedule of charges for the respective
categories.
d. Changes in service that require an increase in meter size.
e. Where an FRC was paid but a water meter was never installed to serve the
subject property, the applicant shall pay the Facilities Reserve Charge in
accordance with Part 5, Section IV (4) of these Rules.
3. The Facilities Reserve Charge shall apply to all Applicants for water service as
follows:
a. For each parcel created by subdivision, including the first lot created; and
for every new single family residential dwelling unit not yet metered and
a Facilities Reserve Charge has not yet been paid, the applicable Facilities
Reserve Charge shall be $14,115.00.
b. The Facilities Reserve Charge for multi-family and/or resort development will
be the cost of the approved meter size or the cost of $9,880.00 per unit or
hotel room, whichever number is larger.
c. The Facilities Reserve Charge for conversions of legally existing single-family
units to a multi-family two dwelling unit structure, as provided by law, will be
assessed at 50% of the Facilities Reserve Charge for multi-family units, per unit.
d. For projects developed by the County of Kaua’i Housing Agency or in
partnership with the County of Kaua’i Housing Agency, and certified by the
County of Kaua’i Housing Agency as affordable housing (defined by Kaua’i
County Ordinance 7 A-1.3, the Facilities Reserve Charge shall be $4,940.00
per unit.)
e c. For all other uses, the Facilities Reserve Charge shall be determined by the
size of the meter, as shown below. Meter sizes shall be determined by the
Department and not by the Developer or Applicant.
Meter Size Amount
5/8″ $ 14,115.00
¾” $ 21,170.00
1″ $ 35,290.00
1 ½” $ 70,580.00
2″ $ 112,920.00
3″ $ 225,840.00
4″ $ 352,880.00
6″ $ 705,750.00
8″ $ 1,129,200.00
Facilities Reserve Charges are periodically adjusted by the Department.
These adjustments may increase or decrease existing Facilities Reserve
Charge amounts. Where adjustments to Facilities Reserve Charges result in
decreases of such charges, no refund will be made of the difference between
the higher, pre-existing charges and the lower, adjusted charges.
The Public hearing will be held at the following location, date and time given below:
Wednesday, July 26, 2017
5:00 p.m.
The Board of Water Supply,
Department of Water County of Kaua’i, Board Room
4398 Pua Loke Street, Lihue
A copy of the proposed recommendation will be mailed to any interested person
who requests a copy and pays the required fees for the copy and the
postage. Requests may be made by calling the Manager and Chief Engineer
at (808) 245-5406, or by submitting facsimile requests to (808) 245-5813. Requests
may be made up to and including the date of the public hearing. The
rules proposed to be amended may also be reviewed in person at the Department
of Water from Monday through Friday, 8 am to 4:15 p.m.
All interested persons may submit data, views, arguments, or other testimony
orally or in writing, or both, concerning the proposed rule amendments.
Data, views, arguments, or other testimony may be submitted any time up
to and including the date of the public hearing, or at the public hearing itself.
Data, views, arguments, or testimony may be submitted by e-mail to
eineumiller@kauaiwater.org, by facsimile to (808) 245-5813 or by U.S. mail
to the Manager and Chief Engineer, whose address is Kaua’i Department of
Water, P.O. Box 1706, Lihue, Kaua’i, Hawai’i 96766.
Special Accommodations for persons with disabilities are available upon
request five (5) days prior to the meeting date. Please call the Department
of Water, County of Kaua’i, at 245-5406 or drop by at 4398 Pua Loke Street,
Lihue, Kaua’i. Our mailing address is PO Box 1706, Lihue, HI 96766.
BY ORDER OF THE BOARD: Sherman Shiraishi, Chairperson
(Published in The Garden Island & Department of Water’s Website at
www.kauaiwater.org on June 16, 2017 & July 26, 2017.)~