Article 13 Sewer Service Charges

All persons who are connected, directly or indirectly to the public sewer system as defined in Section 25-13.3 shall pay a sewer user charge.

An owner of a lot which is accessible to a public sewer system and which has any plumbing fixtures located on it shall be assessed a sewer user charge pursuant to this Chapter.

(Ord. No. 901, June 9, 2010)

§ 25-13.3 User Classification.

Two (2) major user classifications—"residential" and "nonresidential"—are adopted because of possible differences in strength characteristics and in the relationship between water usage and wastewater discharge quantities for each class of user.

"Residential users" are defined to include only the following:

Single-family dwellings;

Duplexes;

Apartment buildings, condominiums and townhouses;

(4)

Governmental housing projects.

"Nonresidential users" are defined to include all industrial, commercial, agricultural, governmental, and miscellaneous services, plus the following which are specifically excluded from the above definition of residential users.

Hotels, motels, resorts, lodges, timeshares, boarding house, hostel, etc., and condominiums, primarily used as hotels.

Single parcel of land used for nonresidential purposes, although containing residential dwelling units, excepting when nonresidential structures and residential dwellings are separately metered for water. When nonresidential structures and residential dwellings are separately metered the appropriate rates for each category shall apply.

All other special establishments not distinguishable as a residential dwelling unit, as determined by the County Engineer.

(4)

Group I A Commercial shall consist of users whose strength characteristics of its wastewater is similar to that of domestic waste and with a return factor of less than fifty percent (50%), which includes but is not limited to the following:

Bottled water manufacturer;

(B)

Soft water service manufacturer;

(C)

Ice manufacturer.

(5)

Group I B Commercial shall consist of users whose strength characteristics of its wastewater is similar to that of domestic waste and with a return factor equal to or greater than fifty percent (50%), which includes but is not limited to the following:

Car wash, including but not limited to:

Automatic;

Coin-operated;

In-bay.

Office building.

Professional building, including but not limited to:

Doctor office;

Clinic;

(iii)

Rehabilitation center;

(iv)

Pharmacy;

(v)

Laundromat.

(vi)

Mixed use (shopping center) without restaurant

(D)

Department and retail store, including but not limited to:

Convenience store;

Beauty shop;

Barber shop.

Warehouse.

Theatre, including but not limited to:

Entertainment hall providing audio/video performance, screening facilities;

Drive-in;

Live/music/opera;

Cinema.

Membership organizations, including but not limited to:

Neighborhood center;

Church.

(H)

Social services, including but not limited to:

Library;

Police station;

Fire station.

Group II Commercial shall consist of users whose loading characteristics of its wastewater are slightly higher than domestic waste, which includes but is not limited to the following:

Repair and service stations, including but not limited to:

Auto body/mechanical shop;

Auto manufacturer/service maintenance;

(iii)

Gas station (self-service and bays);

(iv)

Aircraft hanger;

(v)

Heliport;

(vi)

Miscellaneous repair shops;

(vii)

Truck repair and service.

Newspaper company.

Commercial laundry.

Lumber yard.

Mixed use (shopping center) with restaurant.

Nursery, greenhouse.

Nightclub, bars.

Amusement park.

Hospital.

Convalescent home.

Nursing home.

Prison.

Group III Commercial shall consist of users whose business is heavily involved in food processing and/or whose loading characteristics of its wastewater are much higher than domestic waste, which includes but is not limited to the following:

Food processors, including but not limited to:

Bakeries;

Candy manufacturer and confectioner;

(iii)

Dairy product manufacturer;

(iv)

Processor in citrus, fish, dried fruit, egg, fruit, vegetable, meat;

(v)

Meat packer;

(vi)

Miscellaneous food products;

(vii)

Vegetables;

(viii)

Brewery, distillery, winery, beverage manufacturer.

(B)

Supermarket.

(C)

Mortuary.

(Ord. No. 901, June 9, 2010)

§ 25-13.4 Schedule of Rates.

For Users of Private Water Systems. Sewered properties of residential or nonresidential use that are utilizing private water systems will be required to install prior to or at the time connection is made, at their own expense, water meters approved by the County Engineer measuring the water quantity used, or alternatively, will be required to install, at their own expense and at an appropriate location, a calibrated flume, weir, flow meter or similar device approved by the County Engineer for measuring wastewater quantity. A flow recording and totaling register will be required for an approved flow measuring device. Measurements to verify the quantities of flows will be performed on a random basis by the County Engineer.

Residential Users. Effective July 1, 2023, monthly sewer service charges for residential users shall be in accordance to the following:

Fiscal Year Ending June 30th	Flat Rate Monthly Charge
Fiscal Year Ending June 30th	2024	2025	2026	2027	2028
Single-Family	$66.50	$73.75	$82.00	$91.00	$101.00
Multi-Family	$54.25	$58.75	$63.75	$68.50	$73.75

Flat rates and service charges for residential users shall be applied to each residential unit.

Nonresidential Users. Effective July 1, 2023, monthly sewer service charges for nonresidential users shall be a service charge plus a volume charge in accordance to the following:

Charges for All Non-Residential Users
Fiscal Year Ending June 30th	2024	2025	2026	2027	2028
Monthly Service Charge - All Non-Residential Users	$11.00	$11.44	$11.90	$12.05	$12.05
Volume Charge - Metered Water	$/1,000 Gallons
Hotels/motels/resorts, etc.
Without restaurant	6.80	7.64	8.58	9.65	10.84
With restaurant	12.35	13.69	15.19	16.85	18.69
Restaurant	18.80	20.78	22.98	25.41	28.09
Group I A Commercial	3.65	3.97	4.32	4.71	5.12
Group I B Commercial	6.29	7.11	8.04	9.10	10.29
Group II Commercial	9.57	10.70	11.96	13.37	14.95
Group III Commercial	18.84	20.83	23.02	25.45	28.14
School	4.41	4.99	5.65	6.40	7.25
Park	0.80	0.91	1.03	1.16	1.32
Manufacturing/Industrial	11.57	12.88	14.35	15.98	17.79
Volume Charge - Metered Wastewater or Dual Meter	$/1,000 Gallons
Dual - Hotels/motels/resorts, etc.
Without restaurant	10.50	11.78	13.23	14.85	16.68
With restaurant	19.06	21.12	23.41	25.94	28.75
Dual - Restaurant	25.15	27.79	30.69	33.91	37.45
Dual - Group I Commercial	8.33	9.42	10.65	12.05	13.63
Dual - Group II Commercial	12.76	14.26	15.94	17.83	19.93
Dual - Group III Commercial	25.12	27.85	30.76	33.97	37.52
Dual - School	8.04	9.10	10.30	11.65	13.18
Dual - Park	8.03	9.09	10.29	11.64	13.18
Dual - Manufacturing/Industrial	15.49	17.23	19.17	21.32	23.72
Dual - Airport	8.38	9.09	10.29	11.64	13.72
Cesspool/Septic and Waste Activated Sludge Disposal	59.98	64.80	88.78	94.63	101.18

An account with two (2) different types of customer classes serviced by the same water meter shall be charged the higher rate.

Should an owner of a mixed use with restaurant account install a new meter to service the restaurant only, then the uses associated with the respective meters will be charged the appropriate rates.

For uses not specifically included in the list of categories Group I, II or III, the County, based on information provided by the applicant on usage(s) of the property, would designate at its sole discretion, the appropriate category for sewer billing. Generally establishments not listed in Group II or Group III Commercial would be considered to be Group I Commercial unless specific information indicates otherwise.

(d)

Change in Use of the Property. Whenever there is a change in the use of a property, the owner of the property shall notify the Division of Wastewater Management of the change thirty (30) days prior to the initiation of the new use. If the change in use of the property results in a change to the method of billing wastewater charges, billing shall be accomplished pursuant to Sec. 25-13.6, Charges for the First and Last Months.

(e)

R-1 and R-2 Reuse Water. Effective July 1, 2023, charges for users of R-1 and R-2 water produced by County sewage treatment plants shall be in accordance to the following:

R-2 Water. Twenty cents ($0.20) per one thousand (1,000) gallons of water used.

§ 25-13.5 Billing and Collection of Charges.

R-1 Water. Rate for R-1 water to be negotiated between R-1 water consumer and the County on a case-by-case basis. The cost per one thousand (1,000) gallons of R-1 water shall not exceed the cost to the consumer of alternative sources of water.

(Ord. No. 901, June 9, 2010; Ord. No. 1131, September 12, 2022)

Billing of Charges. The sewer service charge levied pursuant to this Chapter shall be billed by the Director of Finance, or the Department of Water of the County of Kaua'i, or his or her or its authorized agent. Billing shall be made on a bimonthly basis. Payment shall be made within thirty (30) days after billing.

Collection of Charges. The sewer service charge levied pursuant to this Chapter shall be collected by the Director of Finance, County of Kaua'i, or his or her authorized agent.

Billing of Charges Upon the Change of Ownership. The sewer service charges levied pursuant to this Chapter accrue to the legal owner of the benefitted property. In the event of a transfer of ownership of the benefitted property, the sewer service charges shall be prorated as to the former and current owner as of the date on which title was transferred.

(d)

Suspension of Charges. Sewer service charges may be suspended for demolition or removal of the structure(s) or removal of all plumbing fixtures requiring discharge to the sewer system. A Request for Suspension of Sewer User Charges shall be submitted to the Division of Wastewater Management on the appropriate form.

Residential Users with Only Flat Charge. Sewer service charges may also be suspended for vacancy of the residence after a vacancy of a minimum of one (1) calendar month with the period starting the first of the month following the date of vacancy. Vacancy must be verifiable by the absence or termination of water service or electrical service and verification must be submitted with the request to suspend. Suspension of charges shall begin the first of the month after qualifying for suspension.

§ 25-13.6 Charges for the First and Last Months.

Users with Flat Plus Volume Charge. Sewer service charges may also be suspended after removal of the water meter(s) servicing the property. Verification of removal of the water meter must be submitted with the request to suspend. Suspension of charges shall begin the first of the month following the date of qualifying for suspension.

(e)

Adjustment of Charges. Sewer service charges for users with a flat plus volume charge may be adjusted due to excess water consumption resulting from a leak. The sewer service charge will be adjusted based on the quantity of water that the Department of Water approves as being attributable to the leak. A request for adjustment due to a water leak shall be made in writing to the Division of Wastewater Management, including confirmation from the Water Department of the quantity attributable to the leak.

(Ord. No. 901, June 9, 2010)

For any lot for which connection is made to the public sewer pursuant to Sec. 25-2.1(a), either directly or indirectly, a sewer service charge shall be made pursuant to this Chapter starting from the first day of the month following the date of the connection.

For any lot not connected to the sewer system within one hundred twenty (120) days after being notified to do so pursuant to Sec. 25-2.1(a), a sewer service charge shall be made pursuant to this Chapter, starting from the first day of the month following the one hundred twenty (120) day period.

Where it is proposed to discontinue any connection to the sewer from any lot, parcel of land, building or premises upon a written notice being given to the Wastewater Management Division of the Department of Public Works, County of Kaua'i, by the owner of the lot, parcel of land, building or premises, the owner, subject to conditions and inspection by the County Engineer, may disconnect the lateral sewer, and the sewer charge for the month within which the discontinuance of sewer service takes place shall be for the full month based on the regular monthly charge to the lot, parcel of land, building, dwelling units or premises.

(Ord. No. 901, June 9, 2010)

§ 25-13.7 Notification.

Each user shall be notified annually, of the rate and that portion of the user charges which are directly related to the operation, maintenance and replacement of the wastewater treatment systems.

§ 25-13.9 Sewer Credit Based on Income.

Notification shall be made by the Director of Finance in conjunction with a regular bill.

(Ord. No. 901, June 9, 2010)

§ 25-13.8 Inconsistent Agreements.

This Chapter shall take precedence over any terms or conditions of agreements or contracts which are inconsistent with the requirements of Section 204(b)(1)(A) of the Clean Water Act and in the user charge section of the Federal regulations (40 CFR 35.2140).

(Ord. No. 901, June 9, 2010)

"Residential sewer customer" or "customer"

Definitions. As used in this Section:

"County Engineer"

means the County Engineer, Department of Public Works, County of Kaua'i or duly authorized representative.

"Director"

means the County Director of Finance.

"Income"

means the greater of either (1) a residential sewer customer's adjusted gross income under the U.S. Internal Revenue Code of 1986, as amended, or (2) a residential sewer customer's adjusted gross income under Chapter 235, H.R.S.

means a natural person living in a dwelling unit, who is classified as a residential user under Sec. 25-13.5(b), and who owns, rents, or leases the dwelling unit receiving County sewer service.

A residential sewer customer shall be granted a monthly credit of twenty-four dollars ($24.00) for Fiscal Year 2024, twenty-eight dollars ($28.00) for Fiscal Year 2025, thirty-two dollars ($32.00) for Fiscal Year 2026, thirty-six dollars ($36.00) for Fiscal Year 2027, and forty dollars ($40.00) for Fiscal Year 2028 if the conditions of paragraph (c) of Sec. 25-13.9 are satisfied. The credit shall be effective the calendar month immediately following the month that the customer has satisfied the conditions of paragraph (c) of Sec. 25-13.9.

The County General Fund shall pay for all credits granted.

No credit shall be granted under this Section unless the Director determines that a residential sewer customer has satisfied the following conditions:

The customer shall sign the application form promulgated by the Director. Where the applicant is a tenant or lessee, the legal owner of the property benefited by the County's sewer service shall also execute the application form. The tenant or lessee and the legal owner shall also provide their address of record in the application form.

In the application form, the customer shall consent to the release of, and authorize the State Department of Taxation to release to the Director at any time during the time which the customer receives a residential sewer credit, certified copies of those portions of the customer's State personal income tax return or records showing the customer's adjusted gross income under Chapter 235, H.R.S. This authorization and consent shall be used by the Director for purposes of verifying the customer's income and, therefore, eligibility for the credit granted under this Sec. 25-13.9 The customer shall execute any additional forms required by the Director or the State Department of Taxation to facilitate the release of tax information required under this subparagraph (1).

The dwelling unit in which the customer resides must be the customer's principal residence. The customer may receive the credit only if the dwelling unit in which the customer resides is the customer's principal residence.

A husband and a wife shall not each be entitled to a credit on separate dwelling units owned, in whole or in part, by either or both of them unless they live physically separate and apart, on a continuous basis, in separate dwelling units.

A residential sewer customer's annual income shall not exceed fifty thousand dollars ($50,000.00) for the calendar year immediately preceding the year in which the customer applies for the credit.

The customer's annual income shall not exceed fifty thousand dollars ($50,000.00) at any time during the time which the customer enjoys the benefit of the credit under this Sec. 25-13.9.

(4)

The residential sewer customer shall submit with his or her application filed copies from those portions of the customer's Federal and State personal income tax return or records for the calendar year immediately preceding the year in which the customer applies for the credit, showing the customer's adjusted gross income under the U.S. Internal Revenue Code of 1986, as amended; and adjusted gross income under Chapter 235, H.R.S.

If a customer was not required to file a personal income tax return under either the U.S. Internal Revenue Code of 1986, as amended or Chapter 235, H.R.S., or both, the customer shall sign and submit an affidavit attesting to the income the customer received from all sources for the calendar year immediately preceding the year in which the customer applies for the credit. The Director shall prescribe the form of the affidavit.

The Director may deny the application of any customer who fails or refuses to provide the proof of income required under this paragraph (c) of Sec. 25-13.9. The Director may also deny a customer's application if the customer fails or refuses to provide information or documents the Director believes is reasonably necessary for purposes of verifying that the customer has satisfied the conditions of this paragraph (c) of Sec. 25-13.9.

(d)

The Director and the County Engineer shall prescribe the application form and other forms relating to the credit granted under this Sec. 25-13.9.

(e)

The Director shall annually obtain from the State Department of Taxation certified copies of income tax records from at least one percent (1%) of all customers receiving the residential sewer credit for purposes of verifying that the customers continue to satisfy the income qualifications requirements under paragraph (c) of Sec. 25-13.9. The County Engineer and the Director shall verify the information to satisfy the income qualification requirements under paragraph (c) of Sec. 25-13.9. For this purpose, records shall be randomly selected.

(f)

Any credit granted under this Sec. 25-13.9 shall continue in effect until one (1) or more of the following events occur:

A customer receiving the credit fails to satisfy any condition or requirement under paragraph (c) of this Sec. 25-13.9.