The purpose of this Article is to provide drainage principles and policies as set forth in the Stormwater Runoff System Manual dated July 2001, and to safeguard the public health and safety, and to protect property in the County of Kaua'i.
(Ord. No. 778, November 28, 2001)
This Article shall be known as the "Drainage Ordinance."
(Ord. No. 778, November 28, 2001)
The provisions of this Article shall apply to all land within the jurisdictional boundaries of the County of Kaua'i, which includes the Islands of Kaua'i and Niihau, and shall apply to all facilities constructed within County rights-of-way, to easements dedicated for public use, and to privately-owned systems that are part of the required infrastructure improvements for a subdivision. The provisions of this Article shall supersede all prior resolutions, provided that all drainage approvals obtained prior to the adoption of this Article and the Stormwater Runoff System Manual shall remain in effect. The principles and policies set forth in the Stormwater Runoff System Manual are intended to be minimum standards only and are not to be construed as a guarantee to property owners against flood or drainage damage.
(Ord. No. 778, November 28, 2001)
When used in this Article, the following words or phrases shall have the meaning given in this Section unless it shall be apparent from the context that a different meaning is intended:
"County Engineer"
means the County Engineer, Department of Public Works, County of Kaua'i, or his or her duly authorized representative.
"Designer"
means any licensed professional civil engineer who designs or develops calculations, plans, specifications, construction, and as-built drawings for drainage systems or facilities under the supervision of an engineer.
"Discharge"
means the deposit, disposal, injection, dumping, spilling, leaking, or placing of any substance into a drainage facility or natural watercourse.
"Drainage problem"
means the discharge of effluents or pollutants onto a public right-of-way and/or into a drainage facility which causes the hydraulic capacity of that drainage facility to be exceeded and results in flooding. The definition includes the discharge of a pollutant which reduces the hydraulic capacity of a drainage facility by the deposit of solids therein.
"Effluent"
means any substance other than stormwater runoff that is discharged onto a public right-of-way and/or into a drainage facility including nonstormwater discharges which are not sources of pollutants.
"Engineer"
means a licensed professional civil engineer registered by the State of Hawai'i to practice engineering in the discipline of civil engineering pursuant to Hawai'i Revised Statutes Chapter 464, as amended.
"Owner"
means the holders of at least seventy-five percent (75%) of the equitable and legal title of a lot.
"Person"
means corporations, estates, associations, partnerships, and trusts, as well as one (1) or more individuals.
"Pollutant"
means any waste, including, but not limited to, cooking or fuel oil, milk, juice, pesticide, paint, solvent, radioactive waste, hazardous substance, sewage, dredge spoils, chemical waste, rock, sand, biocide, toxic substance, construction waste and material, and soil sediment.
"Pollution problem"
means the discharge of any pollutant into State waters directly or by conveyance through a drainage facility which creates a nuisance or adversely affects the public health, safety or welfare, or causes a drainage facility to violate any water quality standards of the State of Hawai'i.
"Property owner"
means the fee simple owner of record, lessee of record, administrator, administratrix, executor, executrix, personal representative, receiver, trustee, property management agent, or any other individual, corporation, or unincorporated association which has the use, control, or occupation of land with claim of ownership, whether the owner's interest be in absolute fee or a lesser estate.
"State waters"
are defined in HRS Section 342D-1.
"Stormwater"
means stormwater runoff, surface runoff, street wash, or drainage and may include discharges from fire fighting.
"Stormwater Runoff System Manual"
means the Stormwater Runoff System Manual dated July 2001 and any subsequent amendments adopted through the Drainage Ordinance.
"Water quality standard"
means the water quality standards adopted by the State of Hawai'i pursuant to HRS Section 342D-5.
(Ord. No. 778, November 28, 2001)
The Stormwater Runoff System Manual on file with the County Clerk dated July 2001 is hereby adopted by reference and made a part of this Article.
(Ord. No. 778, November 28, 2001)
The Department of Public Works shall administer the provisions of this Article and the Stormwater Runoff System Manual.
(Ord. No. 778, November 28, 2001)
(a) 
The County Engineer shall review all drainage submittals for compliance with the Stormwater Runoff System Manual and this Article. An approval by the County Engineer shall not relieve any owner, engineer, or designer of the responsibility for ensuring that the calculations, plans, specifications, construction, and as-built drawings, are in compliance with the Stormwater Runoff System Manual and this Article and that the necessary or desired drainage objectives shall be accomplished.
(b) 
The County Engineer shall interpret the Stormwater Runoff System Manual as needed.
(Ord. No. 778, November 28, 2001)
The Stormwater Runoff System Manual of the County of Kaua'i may be amended by ordinance. An amendment may change provisions of this Article, text provisions of the Stormwater Runoff System Manual, or any of these in combination.
(Ord. No. 778, November 28, 2001)
(a) 
No person shall discharge any effluent other than stormwater runoff onto any public right-of-way and/or into a drainage facility without the approval of the County Engineer. The County Engineer shall only approve discharges when such discharges shall not create drainage or pollution that is in violation of the State Water Quality Standards in Chapter 11-54, Hawai'i Administrative Rules, as amended.
(b) 
Any person desiring to discharge effluent other than stormwater shall apply on forms prescribed by the County Engineer. Approval by the County Engineer shall be for the duration of the effluent discharge.
(c) 
Any discharge which violates State water standards in Chapter 11-53, Hawai'i Administrative Rules, as amended, shall also be a violation of this Article and shall result in a cease and desist order.
(Ord. No. 778, November 28, 2001)
(a) 
It shall be unlawful for any person to discharge or cause to be discharged any pollutant into any drainage facility which causes a pollution problem in State waters, or causes a violation of the water quality standards of the State of Hawai'i.
(b) 
It shall be unlawful to discharge any stormwater on any public right-of-way which creates a drainage problem or causes a nuisance.
(c) 
The provisions of this Section are not applicable to employees of the County who, during the performance of their duties or in cases of emergency or a hazardous substance spill, may discharge sewage, other pollutants, or washwater from cleanup operation of a hazardous substance spill, into a drainage facility.
(d) 
Upon presentation of proper credentials, the County Engineer or his/her duly designated representatives may enter at reasonable times any building or premises in the discharge of the County Engineer's official duties, to inspect or investigate the discharge or any pollutant or effluent into or onto a drainage facility; provided, that such entry shall be made in such manner as to cause the least possible inconvenience to the persons in possession; and provided, further, that an order of a court authorizing such entry shall be obtained in the event such entry is denied or resisted.
(Ord. No. 778, November 28, 2001)
If the County Engineer determines that any person is violating any provision of this Article, or any approvals granted pursuant thereto, the County Engineer may have the person served, by mail or delivery, with a notice of violation and order. Whenever, a corporation violates any of the provisions of the Article, the violation shall be deemed to be also that of the individual directors, officers, or agents of such corporation who, in their capacity as directors, officers, or agents of such corporation, have authorized, ordered, or done any of the acts constituting in whole or in part such violation.
(a) 
Contents of the Notice of Violation. The notice shall include at least the following information:
(1) 
Date of the notice;
(2) 
The name and address of the person served with the notice and the location of the violation;
(3) 
The section number of the ordinance, or other law which has been violated;
(4) 
The nature of the violations; and
(5) 
The deadline for compliance with the notice.
(b) 
Contents of the Order. The order may require the person to do any or all of the following:
(1) 
Cease and desist from the violation;
(2) 
Correct the violation at the person's own expense before a date specified in the order; or
(3) 
Appear before the County Engineer or a person designated by the County Engineer at a time and place specified in the order and answer the charges specified in the notice of violation.
(Ord. No. 778, November 28, 2001)
(a) 
Cease and Desist Order. Whenever the County Engineer finds that a discharge of stormwater or effluent or any pollutant is taking place or threatening to take place in violation of any ordinance, order, regulation, rule, or other law, the County Engineer may issue an order directing the property owner or discharger to cease and desist such discharges and directing the property owner or discharger to achieve compliance in accordance with a detailed time schedule of specific actions the property owner or discharger must take in order to correct or to prevent violations of this ordinance, regulation, order, rule or any other law. The County Engineer may order the revocation or suspension of any approvals. Any order issued by the County Engineer may require the property owner or discharger to provide information as the County Engineer deems necessary to explain the nature of the discharge. The County Engineer may require in any cease and desist order that the property owner or discharger pay to the County the costs of any inspection or monitoring which in the discretion of the County Engineer was necessary as a result of the violation.
(b) 
Cleanup and Abatement Orders.
(1) 
Any person who is in violation of this Article, regulations, order, rule, or any other law, shall upon the County Engineer's order and at the total expense of the property owner or discharger, clean up the discharge and do whatever is necessary or required by the County Engineer to abate the effects of the violation.
(2) 
The County Engineer may initiate any cleanup, abatement or remedial work required that the County Engineer deems necessary as a result of the magnitude of the violation or when necessary to prevent harm to public health or the environment. The County Engineer may take this action, notwithstanding that injunctive relief and his or her action may be in addition to any action taken by the property owner, discharger, or other persons.
(3) 
Any property owner, permit holder, or discharger violating this Article, regulations, order, rule or any other law shall be liable to the County for costs incurred in the cleanup, abatement, or remedial action undertaken by the County Engineer, including, but not limited to, administrative costs, inspection costs, attorney's fees, or such other liability imposed upon the County by other agencies, persons, or organizations, whether by way of court action, or settlement.
(c) 
Termination of Discharge. In addition to other remedies available and as provided in this Article, when the County Engineer determines, in his or her sole discretion, that the property owner or discharger has not or cannot demonstrate satisfactory progress toward compliance with the requirements of this Article, regulation, order, rule or other laws, the County Engineer, after providing written notice to the property owner or discharger by certified mail thirty (30) days in advance of any action, may sever or plug the connection from the property owner's or discharger's system to the County-owned storm drainage system.
(Ord. No. 778, November 28, 2001)
(a) 
The property owner or discharger may petition the County Engineer for reconsideration the terms of the County Engineer's approval, its approval with modification, revocation, suspension, or denial, or the County Engineer's order, including but not limited to enforcement within thirty (30) days of the County Engineer's final action on the matter to the County Engineer.
(b) 
Failure to submit a timely petition for reconsideration shall be deemed to be a waiver of the petition for reconsideration.
(c) 
In its petition, the petitioner must indicate the approval provisions to which he or she is interposing an objection, the reasons for his or her objection, and alternative conditions, if any, that he or she seeks to substitute in the approval; or the specific basis for his or her objection to the approval, approval with modification, suspension, revocation or denial.
(d) 
The effectiveness of the approval issued herein or the County Engineer's final action regarding the approval, approval with modification, suspension, or revocation, or denial.
(e) 
If the petition for reconsideration is not acted upon within thirty (30) days by the County Engineer, the petition shall be deemed to be denied and the property owner or discharger shall immediately comply with the terms of the approval or the County Engineer's final action regarding the approval, approval with modification, suspension, or revocation.
(f) 
The County Engineer will send property owners or dischargers by certified mail, approvals, approvals with modifications.
(Ord. No. 778, November 28, 2001)
Criminal Penalties. Any person:
(a) 
Who willfully, intentionally, recklessly or negligently violates any provision of this Article, order, approval, or any other requirement, shall upon conviction be punished by a fine not less than one thousand dollars ($1,000.00) nor more than twenty-five thousand dollars ($25,000.00) or by imprisonment not exceeding ninety (90) days, or both, except that in cases where such offense shall continue after due notice, each day's continuance of the same shall constitute a separate offense; or
(b) 
Who knowingly makes any false statement or misrepresentation in any record, report, plan, or other document filed with the County Engineer, or tampers with or knowingly renders inaccurate any monitoring device or sampling and analysis method shall be punished by a fine of not more than twenty-five thousand dollars ($25,000.00) or by imprisonment for not more than six (6) months, or both.
(Ord. No. 778, November 28, 2001)
Notwithstanding any other law to the contrary, no employee or officer of the Department of Public Works shall be civilly or criminally liable or responsible under this Article for any acts done by the employee or officer, in their performance of the officer's or employee's duties.
(Ord. No. 778, November 28, 2001)
Decisions of the County Engineer made in accordance with the provisions of this Article and/or decisions involving variations from the standards set forth in the Stormwater Runoff System Manual shall be made a matter of record in the application/project files.
(Ord. No. 778, November 28, 2001)