DOW - RULES&REGS

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     Rules & Regulations
             Charter
             Part I
             Part II
             Part III
                Section 1
                Section 2-3
                Section 4-5
                Section 6-7
                Section 8-9
                Section 10-12
                Section 13
                Section 14-16
             Part IV

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RULES AND REGULATIONS

PART 3 - Section 4 - 5

ESTABLISHING STANDARDS FOR SUBDIVISION WATER SYSTEMS

within the County of Kauai

and Providing Penalties for the Violations Thereof

SECTION IV - EXTENSIONS TO SUBDIVISION

1. General Requirement. The subdivider shall install and pay for the subdivision water system required from the public water system to the subdivision. All such subdivision water systems shall be designed and located in accordance with the standards of the Department. The subdivider may be required to improve the public water system if the public water system is inadequate to serve the subdivision. In this event, the subdivider shall be reimbursed for the cost of such improvement in accordance with Section V of this Part of these Rules and Regulations.

2. Increase in Size of Water Main Extensions for Service to Other Areas. Whenever the Department finds it necessary that the water mains proposed to deliver water to a subdivision should be of a greater capacity than is required to provide adequate service and fire protection for such subdivision, in order to supply water and fire protection to property not in the subdivision, the Department shall require the subdivider to install mains of such greater capacity.

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

Before the subdivider enters into a contract where a reimbursement to subdivider for additional costs of main to subdivision shall 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 subdivider shall furnish the Department with an affidavit itemizing the costs incurred by him in the installation of the said larger mains. The said additional costs shall be determined by the Department.

SECTION V - REFUND FOR EXTENSION TO SUBDIVISION

The Department will make refunds to the subdivider for his investment in main extensions from the public water system to the subdivision on the following basis:

1. After the work has been completed and accepted, the subdivider 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 subdivider and refunds shall be based upon said determination by the Department, less any reimbursement made under Section IV of this Part.

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 subdivider entering into the agreement with the Department, unless a written agreement is furnished by the subdivider directing otherwise.

5. Refunds will not be made to subdividers for mains installed within a subdivision. (See Section VI of this Part for reimbursement to subdivider for increased size of mains installed within subdivisions.)

6. Refunds will not be made to a subdivider for mains installed to a subdivision where such mains were not approved by the Department prior to their installation.

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