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RULES AND REGULATIONS

PART 2 - Section 2

RULES AND REGULATIONS FOR WATER SERVICE CONNECTIONS

WITHIN THE COUNTY OF KAUAI, AND PROVIDING PENALTIES

FOR THE VIOLATION THEREOF

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 service limits are established by the Department that the premises are within these limits.

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.

c. The consumer agrees to abide by these rules and regulations.

d. All applicable charges have been paid.

2. Where an extension of mains is necessary or where large quantities of water are required or a substantial investment is necessary to provide service, the consumer will be informed by the Department as to the conditions and charges to be made for the particular area and situation in question before water service may be approved.

a. Extension of Mains

(1) When an extension of mains for service is necessary, the consumer shall install and pay for any extensions of water system required from the public water system to any particular area. All such water systems shall be designed and located in accordance with the standards of the Department. The consumer may be required to improve the public water system if the public water system is inadequate to serve the area.

(2) Whenever the Department finds it necessary that the water main extensions proposed to deliver water to any particular area should be of a greater capacity than is required to provide adequate service and fire protection for such area, in order to supply water and fire protection to other adjacent areas along the main extensions, the Department shall require the consumer to install mains of such greater capacity.

(3) When the consumer is required to install a larger sized main for the reasons set forth in the preceding paragraph, the Department will reimburse the consumer, as soon as practicable after the acceptance by the Department of the completed work, the additional cost of the installation over and above the cost of mains that would have been required, provided that reimbursement will not be made to the consumer where such larger main or mains will serve only areas under the same ownership as the area under consideration.

Before the consumer enters into a contract where a reimbursement for additional costs of main will be made, the Department shall review and either approve or reject said contract.

After the installation has been completed and accepted by the Department, the consumer shall furnish the Department with an affidavit itemizing the costs incurred by him in the installation of mains or larger main. The said costs and additional costs shall be determined by the Department.

(4) A pipeline will be considered a main extension if and only if:

(a) the pipe size is at least 6” in urban or rural residential areas, 8” in business, multi-family, resort or industrial areas and 2” in agricultural areas;

(b) it is installed along existing government road provided that the Department may consider a pipeline or main extension installed within an easement in favor of the Department and it is found non-feasible for the pipeline to be installed along existing government roads; and

(d) it is not adjacent to or within land owned by or developed by the customer.

b. Refund for Extension of Mains

(1) After the work has been completed and accepted, the consumer shall furnish the Department with an affidavit itemizing the costs incurred by him in the installation of said main extension.

(2) The Department will make the final determination as to the cost of the main extension installed by the consumer and refunds shall be based upon said estimates of the Department, less any reimbursement made under Paragraph A-3 of this Section.

(3) For a period of 5 years after acceptance of the main extension, the Department of Water will collect from others connecting to the main their share of the cost of the main proportionate to the Department’s estimate of their water use as compared to others who have already contributed to the cost of the main extension. The Department will then distribute such sums to those (including the Department, when applicable) who have already contributed to the cost of the main in proportion to their contribution to date.

(4) All refunds will be made to the original consumer entering into the agreement with the Department, unless a written agreement is furnished by the consumer directing otherwise.

3. All water supplied by the Department will be measured by means of suitable meters registering in gallons. When it is impractical to meter the service, a flat rate may be charged. The amounts to be paid for water and water service shall be in accordance with the rates established by the Board. The Department will determine the location and size of all meters and service connections to its system. All service connections shall become the property of the Department for operation and maintenance after installation and new connections or disconnections may be made thereto by the Department at any time.

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