reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 3 - PARKS › Section 10-4-38 - Permit application

Current through June, 2024
An application for a park use permit may be obtained at the
				  appropriate district office, subject to the following minimum guidelines and
				  any other additional provisions that the department may deem necessary:
(1) Permit applications may be filed from
				8:00 a.m. to 4:00 p.m., Monday through Friday, except holidays;
(2) Permit applicants must be 18 years or
				older;
(3) Permit applications must
				be in writing on a form provided by the department and contain all information
				required; and
(4) Permit
				applications for events or exclusive use of facilities must be received at
				least fourteen calendar days before the event and no earlier than one calendar
				year in advance;
(5) Camping permit
				applications must be received at least one working day before the requested
				date and no earlier than ninety days in advance.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 3 - PARKS › Section 10-4-39 - Permit Approval

Current through June, 2024
Park use permits shall be approved or denied by the district
				  office supervisor in whose jurisdiction the park is located. Persons who have
				  been denied a permit may make written requests for reconsideration to the
				  chairperson. Permits shall not be transferred.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 3 - PARKS › Section 10-4-40 - Permit Denial

Current through June, 2024
Permits may be denied when:
(1) The premises or park facilities are
				closed;
(2) The person applying for
				the permit has received a permit during the previous ninety days;
(3) There are inadequate' facilities to meet
				the needs of the applicant for the permit;
(4) The premises or facilities will be used
				by persons other than the person applying for the permit; or .
(5) The person applying for the permit has a
				prior record of noncompliance with permit conditions or has committed prior
				violations of this subchapter.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 3 - PARKS › Section 10-4-41 - Permit priorities

Current through June, 2024
In general, permits shall be issued on a first-come,
				  first-served basis, with preference given to native Hawaiian beneficiaries and
				  organizations. In no case, however, shall a native Hawaiian be discriminated
				  against because of place of residence.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 3 - PARKS › Section 10-4-42 - Fees

Current through June, 2024
The department, in consultation with the park advisory
				  council, may establish fees for the use of park facilities. Special fees may be
				  charged for events that require unusual departmental assistance. Fees charged
				  by the department shall be made known to the park user before a permit is
				  issued. Additionally, deposits may be required of any .permit recipient in
				  order to ensure that rules are met and the area is left in a clean and sanitary
				  condition. A notice listing any required fees or deposits shall be posted in
				  the applicable district office.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 3 - PARKS › Section 10-4-43 - Penalties

Current through June, 2024
(a) All permittees shall, upon request, show
				the permit to any law enforcement officer or authorized representative. Anyone
				using the park without a required permit may be asked to leave. Any such person
				who refuses to leave may be considered a trespasser and may be subject to
				prosecution.
(b) Anyone violating
				the provisions of this subchapter may be required to repair or pay for any
				damage to public or private property, may be subject to confiscation of
				equipment used in the violation, and may be subject to applicable charges under
				the law. All plants, objects, or artifacts removed illegally from the premises
				shall be returned to the department.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 3 - PARKS › Section 10-4-44 - Commercial and private operations

Current through June, 2024
The following activities are prohibited in department
				  parks:
(1) Engaging in or soliciting
				business;
(2) Displaying, posting
				or distributing notices or advertisements; and
(3) Filming, photographing, video and audio
				recording, or any other media production that involves the use of professional
				casts, models, setting, or crews, by any person other than legitimate newspaper
				or television news personnel.
Exceptions to the above may be granted in writing by the
				  chairperson subject to any terms, conditions, and fees deemed by the
				  chairperson to be fair and reasonable.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 4 - PLANNING SYSTEM › Section 10-4-51 - Purpose

Current through June, 2024
The purpose of the planning system is to further the
				  objectives of the act by systematically coordinating the management of Hawaiian
				  home lands and programs in a manner that is comprehensive, consistent, and
				  collaborative.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 4 - PLANNING SYSTEM › Section 10-4-52 - Definitions

Current through June, 2024
As used in this subchapter, unless context clearly provides
				  otherwise:
"Beneficiary consultation" means the department's direct
				  outreach to lessees, applicants, and native Hawaiians as defined by the act as
				  part of the department's or commission's decision-making process.
"Implementing action" means those actions that implement the
				  plans and the overall planning strategy of the department, including but not
				  limited to, budgeting, legislation, rulemaking, adoption of procedures, and
				  land dispositions.
"Plans" mean the general plan, island plans, program plans,
				  development plans, regional plans, and special area plans.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 4 - PLANNING SYSTEM › Section 10-4-53 - General framework

Current through June, 2024
The planning system shall consist of a three-tier hierarchy
				  of plans.
Tier 1 is the top tier consisting of the general plan and
				  shall establish overall policy. Tier 2 and Tier 3 are the lower tiers and shall
				  be guided by the general plan. Tier 2 and Tier 3 focus with increasing
				  specificity on programs or geographic areas. The planning system shall also
				  include implementation mechanisms that link with the plans, as well as
				  evaluation mechanisms to refine the plans and implementing
				  actions.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 4 - PLANNING SYSTEM › Section 10-4-54 - Adoption and amendment procedures

Current through June, 2024
(a) Adoption. All
				plans in each of the three tiers shall be adopted by a majority vote of the
				commission. Any comprehensive update or interim amendment requires a majority
				vote of the commission to be effective.
Beneficiary consultation shall be required as part of any
				  comprehensive update or interim amendment.
(b) Comprehensive update. Comprehensive
				updates to plans provide an opportunity to refine or refocus based on changes
				in conditions, new trends, emerging issues, or past performance. Unless
				otherwise specified, an adopted comprehensive update shall supersede and void
				the entire previous plan.
(1) Tier 1. The
				general plan in tier 1 shall be updated at least every twenty years. The
				department at its discretion may initiate the update sooner than the twenty
				years;
(2) Tier 2. The plans in
				tier 2 shall be . reviewed every eight years and updated at the discretion of
				the department if an update is justified.
(3) Tier 3. The plans in tier 3 shall be
				reviewed every four years and,updated at the discretion of the department if an
				update is justified.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 4 - PLANNING SYSTEM › Section 10-4-55 - General plan (tier 1)

Current through June, 2024
Based on the act, the general plan shall establish statewide
				  polices that guide land management and programs. At a minimum, the general plan
				  shall:
(1) Establish a uniform system
				of land use designations that all island plans shall use;
(2) Establish the relationship between land
				use designations and the applicable types of land dispositions;
(3) Establish criteria to identify suitable
				lands for homesteading;
(4)
				Establish criteria to determine available lands not required for homesteading
				within the planning period;
(5)
				Establish criteria to identify lands for revenue generation;
(6) Establish criteria to identify lands for
				community use and policies to govern how the community could manage such lands
				for community building;
(7)
				Establish level of service standards for infrastructure and community
				facilities, or specify a program plan or methodology to develop such standards;
				and
(8) Specify indicators to
				measure progress and evaluate effectiveness in meeting policy goals.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 4 - PLANNING SYSTEM › Section 10-4-56 - Island and program plans (tier 2)

Current through June, 2024
(a) Island plans.
				Island plans shall be prepared for islands where there are over one hundred
				acres of Hawaiian home lands. If the landholdings are less than one hundred
				acres, the department may initiate a tier 3 plan. At a minimum, island plans
				shall:
(1) Apply the criteria from the
				general plan to identify suitable homestead lands, including areas for new
				development, infill, and redevelopment;
(2) Apply criteria to determine available
				lands not required for homesteading, including areas for revenue generation,
				community use, and other non-homesteading uses designated in the general
				plan;
(3) Prioritize the
				development or redevelopment of designated homestead lands based on defined
				criteria;
(4) Identify
				infrastructure requirements; and
(5) Analyze state and county plans to
				identify potential impact on department land use and infrastructure.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 4 - PLANNING SYSTEM › Section 10-4-57 - Development, regional, and special area plans (tier 3)

Current through June, 2024
(a)
				Development plans. Development plans provide more detail for specific projects
				identified in island plans for purposes of establishing feasibility, budget,
				and schedule. To assess feasibility, the development plan shall consider a
				diversity of housing types and prices appropriate for the target wait list,
				estimate development costs, and estimate the costs to be respectively borne by
				the department and the prospective lessees or licensees as the case may be. The
				budget presented in the adopted development plan shall be the basis for CIP
				budget requests. The chairman may select the projects identified in the island
				plan that require a development plan, and proceed with the preparation of the
				development plan upon notice to the commission.
(b) Regional plans. Regional plans build a
				sense of community and capacity, stimulate partnerships for development and
				improvements, facilitate beneficiary participation in issues and areas of
				concern, and identify priority projects within existing and planned homestead
				areas. The plan may focus on a particular homestead community or several
				homestead communities in the region. At a minimum, the regional plan shall
				document current conditions and trends, analyze state and county plans to
				identify potential impact on homestead areas, and identify a prioritized list
				of projects important to the community and the department. The chairman may
				prepare a regional plan with the support of a majority vote of the
				commission.
(c) Special area plans.
				Where an island plan designates special districts, the chairman may prepare a
				special area plan with the support of a majority vote of the
				commission.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 4 - PLANNING SYSTEM › Section 10-4-58 - Implementation

Current through June, 2024
(a) Budgets, legislation, rules, procedures,
				land dispositions and other implementing actions shall be guided by the plans.
				The chairman shall develop a rational overall strategy to prioritize and
				allocate resources and present this strategy to the commission in the first
				year of the chairman's term, which the chairman may amend and present to the
				commission as needed from time to time. The overall strategy should: link
				budgets to policies, programs, and plans; establish homestead and
				revenue-generation development priorities; identify disposition strategies for
				unencumbered lands; and identify high priority regional plan projects that are
				likely to be implemented within the timeframe covered by the
				strategy.
(b) Fiscal
				implementation. The department shall maintain a multi-year capital improvement
				program to be updated annually and approved by a majority vote of the
				commission. The funded projects shall be consistent with the plans and overall
				strategy. The budget shall identify existing and potential funding sources that
				would be considered. The operational budget shall be reasonably consistent with
				the plans and overall strategy.
(c)
				Legal implementation. Legal implementation mechanisms include, without
				limitation, legislative amendments to the act; adoption, amendment, or repeal
				of administrative rules; and adoption of internal procedures. The chairman may
				pursue any of these mechanisms guided by the plans and overall strategy, with
				final approval by a majority vote of the commission.
(d) Land dispositions. The land dispositions
				issued by the department and approved by a majority vote of the commission
				shall be guided by the general plan, island plans, overall strategy, and any
				other applicable plan or policy adopted by the commission, and aligned with the
				land uses identified in the island lands.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 4 - PLANNING SYSTEM › Section 10-4-59 - Evaluation

Current through June, 2024
The purpose of an evaluation system is to improve the
				  planning system and implementation effectiveness. The chairman shall present an
				  evaluation report to the commission, which may be combined with the report
				  required under section 222 of the act. The general plan shall specify
				  evaluation indicators, and the department shall collect and analyze pertinent
				  data in the evaluation report. The chairman may include other measures of
				  performance and effectiveness. The evaluation report shall include
				  recommendations for improvements as applicable. The chairman shall bring to the
				  attention of the commission development plans that are completed or outdated,
				  and a majority vote of the commission shall void or update such
				  plans.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4 - MANAGEMENT OF HAWAIIAN HOME LANDS › Subchapter 4 - PLANNING SYSTEM › Section 10-4-60 - Beneficiary consultation

Current through June, 2024
(a) Meaningful and
				timely consultation with beneficiaries promotes trust, partnership, and' civic
				engagement. The type of consultation shall be appropriate to the potential
				impact of the decision or action.
(b) Types of consultation. The type of
				consultation is determined by the type of plan or implementing action:
(1) Comprehensive. Comprehensive consultation
				is statewide. Notice shall be provided to all existing homesteaders, all
				waiting lists applicants, and other native Hawaiians who have registered with
				the department. The notice shall describe the proposed action and the date,
				time, and place of a public meeting to be held on each island. Comprehensive
				consultation shall apply to the preparation and amendment of Tier 1 plans,
				preparation and amendment of program plans, and promulgation of administrative
				rules.
(2) Place-based. Place-based
				consultation is geographically specific. Notice shall be provided to existing
				homesteaders, waiting lists applicants, and other native Hawaiians who have
				registered with the department and who are associated with a geographic area
				impacted by the proposed action. The chairman shall determine the appropriate
				scope of the notice. The notice shall describe the proposed action and the
				date, time, and place of a public meeting, to be held within the geographic
				area. Placebased consultation shall apply to the preparation and amendment of
				island plans, preparation and amendment of tier 3 plans, and proposed projects
				that require an environmental assessment or environmental impact
				statement.
(3) Ad hoc. Ad hoc
				consultation consists of the formation of an advisory body to provide input to
				the department for the preparation and amendment of any plan or implementing
				action. The-chairman may select the advisory body, subject to consultation and
				ratification by the commission, for the preparation or amendment of any plans.
				Such ad hoc consultation for the preparation and amendment of plans shall
				supplement and not replace comprehensive or targeted consultation. The chairman
				may select an ad hoc body for an implementing action and provide a report to
				the commission.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-1 - Purpose

Current through June, 2024
The purpose of this subchapter is to promote the health,
				  safety, and general welfare of the community by providing standards for
				  governing water service provided by water systems in the exclusive control of
				  the department.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-3 - Definitions

Current through June, 2024
As used in this chapter, unless plainly evident from the
				  context that a different meaning is intended:
"Applicant" means any person who submits an application for
				  water service or additional water service.
"Application" means a written request for water service or
				  additional water service.
"Consumer" means the person, firm, corporation, association,
				  or governmental entity, whether owner or tenant, whose name appears on the
				  records of the department as the party responsible and liable for receiving
				  water service from the department.
"Consumer's water system" means the pipes and plumbing
				  extending from the water service connection.
"Cross-connection" means any actual or potential connection
				  between the public water supply and a source of contamination or
				  pollution.
"County" means the county where the department water service
				  is located.
"Department of health" means the State of Hawaii department
				  of health.
"Governmental entity" means any State of Hawaii or county
				  department or office.
"Main" or "main pipe" means the department's supply or
				  distribution pipe from which service connections are made.
"Non-potable water" means water that has not been certified
				  by the department of health as suitable for cooking, drinking, and bathing
				  purposes.
"Potable water" means water that has been certified by the
				  department of health as suitable for cooking, drinking, and bathing
				  purposes.
"Premises" means a parcel of real property and any structures
				  thereon which have water service, will require water service, or requires
				  additional water service.
"Public water system" means a water system which provides
				  water for human consumption as provided by the department of health in title
				  11, Hawaii administrative rules chapter 20.
"Service lateral" means the main tap and complete
				  installation of pipes, fittings, and appurtenances from the main to and
				  including the meter.
"Water meter" or "meter" means a device that measures the
				  volume of water delivered to any premises.
"Water service" means the delivery of water to any
				  premises.
"Water spigot" means a water spigot or standpipe that is
				  maintained by the department and connected to a public water system for lessee
				  access to potable water.
"Water system" means a network of pipelines, main taps,
				  storage, facilities, pumps, shut-off valve, and other appurtenances, wells,
				  water filtration treatment facilities, or other sources which furnishes a
				  supply of water to the premises.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-4 - General conditions for water service

Current through June, 2024
(a) Any applicant
				whose premises is located within service limits established by the department
				and adjacent to a distribution main where pressure conditions permit may obtain
				water service, provided that:
(1) The
				existing water system servicing the area has adequate physical and legal
				capacity, as determined by the department, for such intended use without
				impairing service to existing consumers or future lessees;
(2) All applicable fees and deposits for such
				service have been paid in full;
(3)
				The applicant is not delinquent on other services in his or her name;
				and,
(4) The applicant agrees to
				abide by the rules, regulations, and policies of the department relating to
				water service.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-5 - Water pressure conditions and elevation agreement

Current through June, 2024
(a) The
				department shall exercise due diligence and reasonable care to maintain
				adequate pressure in its water mains but accepts no responsibility to maintain
				such pressure.
(b) Where a premise
				is situated at such an elevation that it cannot be assured of a dependable
				supply or of adequate service from the department's distribution system, the
				consumer, in consideration of water service and connection to the department's
				system:
(1) Shall agree to accept such
				service as the department is able to render from its existing
				facilities;
(2) Shall agree to
				install, if necessary, and maintain at the consumer's expense a tank and pump,
				with an air gap between the consumer's supply pipe and the department's system,
				of suitable design and of sufficient capacity to furnish an adequate supply of
				water; and
(3) Shall execute a
				written release in favor of the department for all claims due to any inadequacy
				in the department's system or inadequacy of water supply to the premise
				including but not limited to lack of fire department services in the event of a
				fire.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-6 - Application for water service

Current through June, 2024
(a) Each
				prospective consumer shall complete a standard application form for the water
				service desired. Prospective consumers shall assume responsibility for the
				payment of future charges for service at the location identified on the
				application before water is turned on for any use. The department shall inform
				the applicant in writing that the application is complete and accepted or if
				the application is deficient, what specific information is necessary to
				complete the application. The department shall assign an account number when
				the application is complete. The person, entity, or organization executing the
				application form shall be liable for the payment of all charges for water
				service at the designated location including a meter charge with each billing
				cycle as provided in section 10-4.1-31 and 10-4.1-42.
(b) Charges for service shall begin when the
				service lateral and the consumer's water system are physically joined and water
				is made available to the consumer, and will continue until:
(1) The consumer makes a written request to
				discontinue service;
(2) A judicial
				order to discontinue service is issued; or
(3) The department discontinues service for
				failure of the consumer to comply with the provisions of this
				subchapter.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-8 - Responsibility for equipment

Current through June, 2024
(a) At the
				consumer's own risk and expense, the consumer shall furnish, install, and keep
				in good, safe, and operating condition all equipment that may be required for
				receiving, controlling, applying, and utilizing water. The department shall not
				be responsible for any loss or damage caused by the improper installation of
				such equipment, or the negligence, want of proper care, or wrongful act of the
				consumer.
(b) Water service may be
				discontinued to any consumer whose water system includes plumbing fixtures or
				water containers in any form, or of any use, which in the opinion of the
				department may contaminate the department's water supply or may endanger the
				public water supply from a public health standpoint. Any such discontinuation
				of service shall continue until such dangerous fixtures or uses have been
				corrected, removed or discontinued, and the department is assured that the
				dangerous fixtures or uses will not be reinstalled or resumed.
(c) The department shall not be responsible
				for damage to property caused by spigots, faucets, valves, and other equipment
				that may be open when water is turned on at the meter either when turned on
				originally or when turned on after temporary shutdown.
(d) All service laterals are the property of
				the department and shall be operated and maintained by the
				department.
(e) All equipment
				belonging to the department and installed upon the consumer's premises for
				measurement, test, check, or any other purpose, shall continue to be the
				property of the department, and the department may access the consumer's
				premises without consent whenever necessary to inspect, maintain, repair,
				replace, or remove the equipment. The consumer shall exercise reasonable care
				to prevent damage to meters and other equipment of the department upon the
				premises and shall in no way interfere with the operation of the
				same.
(f) Any cost to repair
				damaged water mains, service laterals, valves, fire hydrants, or other property
				of the department shall be paid for by the party responsible for the damage.
				The consumer shall be liable for any damage to a meter or other equipment or
				property of contractors, licensees or permittees, on the consumer's premises,
				and the department shall be promptly reimbursed by the consumer for any such
				damage upon presentation of the bill thereof. In the event settlement for such
				damage is not made within thirty days, the department may discontinue water
				service to the premises according to 10-4.1-10.
(g) When a meter is found to have been
				damaged by hot water or steam emanating from the premises served, the consumer
				shall pay for all costs required to repair the meter.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-9 - Payment of bills and delinquency

Current through June, 2024
(a) All bills shall
				be due and payable within twenty-one days from the bill date. Payment shall be
				made at the office of the department or, at the department's option, to duly
				authorized collectors of the department. Any bill not paid within thirty days
				from the bill date, shall be considered delinquent and the water service shall
				be subject to shut-off. There shall be a service charge for payments made by
				check or electronic debit which have been dishonored for any reason. The
				service charge shall be as set in section
				40-35.5,
				HRS. On accounts where payments have been dishonored more than four times in
				one calendar year, the department may require payment on the account to be made
				by cash, by certified or cashier's check or by money order, and may require a
				deposit equal to the highest amount billed in the last twelve months to be
				held.
(b) An account is delinquent
				when it is not paid in full within thirty days after the bill date. A late
				payment charge shall be assessed at an amount of one per cent for each month or
				fraction thereof against the delinquent balance. When a delinquent account
				remains unpaid twenty-one days after the second regular billing, water service
				for the account may be discontinued.
(c) The department may enter into a payment
				agreement with a consumer to facilitate the payment of delinquent water
				charges. The terms of a payment agreement between the department and a
				lessee-consumer may include alternative payment methods and shall not exceed
				the term of five years. Current charges shall continue to be paid when due. The
				agreement shall be signed by the department and the consumer, and breach of
				such an agreement by the consumer shall result in further collection efforts
				including disconnection.
(1) Alternative
				payment methods are goods that are grown, caught, or produced by the consumer
				and donated to the homestead community on island or services provided by the
				consumer free of charge to the department. Goods shall be dropped off at the
				district office at a time determined by the district office supervisor for
				distribution among beneficiaries. Services shall be provided to the department
				as determined by the district office supervisor.
(2) The value of the alternative payment
				methods rendered shall not exceed five per cent of the delinquent amount. All
				terms regarding alternative payment methods, including the goods or services or
				both to be donated, valuation, and dates and times of service or drop off shall
				be included in the payment agreement.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-10 - Discontinuation of service

Current through June, 2024
(a) The department
				may refuse or discontinue water service for any of the following reasons:
(1) Non-payment of bills or fees. If the
				consumer fails to pay any sums due, the department may discontinue service five
				business days after written notice is given to the consumer.
(2) Noncompliance with rules and regulations.
				If the consumer fails to comply with any of the department's rules and
				regulations and noncompliance is not corrected within five business days after
				written notice is given to the consumer, the department may discontinue
				service.
(3) Unauthorized use of
				water. Without notice, the department may refuse or discontinue water service
				to any premises or consumer to protect itself against fraud, abuse or
				unauthorized use of water. For unauthorized use of water, a surcharge may be
				assessed as provided in section 10-4.1-31 and 10-4.1-42.
(4) Wasteful use of water. Where negligent or
				wasteful use of water exists on any premises and such conditions are not
				corrected within five business days after written notice is given to the
				consumer, the department may discontinue service.
(5) Service detrimental to others. The
				department may refuse to furnish water and may discontinue the service to any
				premises where the demands of the consumer will result in inadequate service to
				others.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-11 - Restoration of water service

Current through June, 2024
Water service shall not be resumed until all of the
				  consumer's delinquent accounts, including all charges, fees, and reinstallation
				  costs, including one hour of labor, and materials, transportation, and any
				  other overhead costs for the meter reinstallation and reactivation, have been
				  paid in full or the consumer has entered into and signed an approved payment
				  plan.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-12 - Meter test and adjustment of bill

Current through June, 2024
(a) Any consumer
				who has a reasonable doubt of the accuracy of the meter serving his or her
				premises may request a test of the meter. The consumer may request to be
				notified as to the time of the test and may witness the test. No charge shall
				be made for meter tests unless such tests are requested more often than once
				every twelve months.
(b) If, as a
				result of the test, the meter is found to register more than five percent fast
				under conditions of normal operation, the department shall refund to the
				consumer the overcharge based on past consumption, for a period not exceeding
				six months, unless it can be proven that the error was due to some cause, the
				date of which can be fixed, then the overcharge shall be computed back to, but
				not beyond, such date.
(c) The
				consumer has sole control of the water delivered beyond the department's meter
				and the department is not responsible for the maintenance and repairs to pipes
				and fixtures beyond the meter.
(d)
				If the meter fails to register due to any cause except the non-use of water, an
				average bill may be rendered. Such average bill will be subject to equitable
				adjustment taking into account all factors before, during, and after the period
				of said bill.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-13 - Underground leak adjustment

Current through June, 2024
(a) If a consumer
				experiences a leak within their water line, the consumer may request the
				department provide a leak adjustment for excessive bills provided a leak
				adjustment was not granted to the consumer within the twelve month period prior
				to the request and the leak was reported to the department and repaired within
				thirty days of detection. The adjustment shall be one-half of the excess
				consumption over a normal bill.
(b)
				No additional refunds shall be given.
(c) If there is not an existing valve on the
				consumer side of the meter, there shall be no credit processed on the account
				until a valve is installed.
(d)
				Department personnel shall be dispatched to inspect the consumer's meter to
				verify the leak has been repaired.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-14 - Water charge adjustment

Current through June, 2024
Errors in billing or collection shall be corrected in a
				  timely manner by the department. Resulting credits on accounts or refunds shall
				  be made as expeditiously as possible.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-15 - Obstructed meter fine

Current through June, 2024
(a) The department
				shall charge the consumer an obstructed meter fine of twenty-five dollars per
				billing period when access to the water meter is significantly obstructed by
				landscaping or other barriers and the meter cannot be read. This fine shall be
				applied only after the property owner has been notified, via a door hanger,
				that the obstruction exists and that the problem must be corrected by the time
				of the next meter reading.
(b) If
				the consumer fails to remove the obstruction, the department may remove the
				obstruction and bill the consumer twenty-five dollars for the cost of
				remediation.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-16 - Tampering prohibited

Current through June, 2024
(a) Any person
				found tampering with service laterals, water meters, the valve, or stopcock
				before the meter shall be guilty of a misdemeanor, pursuant to section
				701107(3), HRS, and shall be liable for all costs associated with any repair to
				the service lateral, water meter, valve, or stopcock.
(b) A late payment charge shall be assessed
				at the rate of one per cent for each month or fraction thereof against costs
				associated with repairs for tampering that go unpaid for thirty days following
				the date of billing. After sixty days, the delinquency shall be reported to the
				commission and the amount due turned over to collections. Further legal action
				may be taken with commission approval.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-17 - Accessing the consumer's premises

Current through June, 2024
Any properly identified officer or employee of the department
				  shall have the right of ingress to and egress from the consumer's premises at
				  any reasonable hour, and at any hour during an emergency, for any purpose
				  reasonably connected to the protection of the public drinking water system and
				  furnishing of water to said premises and the exercise of all rights secured to
				  it by law or this subchapter. If the officer or employee is prevented from
				  carrying out the duties, the department may shut off water service to said
				  premises five business days after written notice is given to the
				  consumer.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-19 - Interruption of water supply

Current through June, 2024
(a) While the
				department shall exercise reasonable diligence and care to deliver an adequate
				supply of potable water under reasonable pressure, the department shall not be
				financially liable for any direct or consequential damages resulting from water
				supply interruption, shortage, insufficiency of supply, inadequate or excessive
				water pressure, leakage on the consumer's premises, or temporary colored and
				turbid water quality conditions caused by emergency repair of water mains. The
				department further disclaims all warranties, expressed or implied, and reserves
				the right to shut off water mains for repairs, extensions, or alterations, and
				to terminate water service as provided herein for conservation measures, during
				emergency conditions, and for other reasons deemed by the department to be
				necessary and proper without notice.
(b) The department may shut off water from
				the mains without notice for making repairs, extensions, alterations, or for
				other reason. Consumers depending upon a continuous supply of water shall
				provide for their own emergency water storage and any check valves or other
				devices necessary for the protection of plumbing or fixtures against failure of
				the pressure or supply of water in the department's mains. Repairs or
				improvements shall be completed as rapidly as practicable.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-20 - Meter disconnection or reconnection fees

Current through June, 2024
(a) The
				department shall charge a fee equal to one hour of labor and overhead costs to
				those consumers requesting disconnection or reconnection of a water meter when
				not related to an account delinquency. The department shall apply such charges
				to the consumer's account.
(b) Upon
				request and payment of a turn off fee the department shall turn off the water
				at the meter during regular business hours. Upon request and payment of a turn
				on fee, the department shall turn on the water at the meter during regular
				business hours.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-21 - Change in service administration fee

Current through June, 2024
(a) The department
				shall levy a charge when a change in service status requires administrative
				action or a special meter reading by department personnel.
(b) When a change in account status requires
				a special water meter reading by the department a fee equal to one hour of
				labor and costs shall be charged to the consumer. When a change in account
				status does not require a special water meter reading by the department the
				standard change of owner fee shall be charged to the consumer.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-22 - Department fire hydrants and fire protection

Current through June, 2024
(a) Any use of a
				fire hydrant, fire protection reservoir, or the taking of water from one for
				purposes other than fire protection by persons other than authorized employees
				of the fire department or of the department is prohibited without a written
				permit from the department. The fire department shall have the prior right to
				use any hydrant at any time and shall have the authority to remove
				peremptorily, if necessary in case of emergency, any connection approved by the
				department. The fire department shall notify the department when use of water
				during nonfire events, including training, is contemplated. Hydrant main line
				valves shall not be used to control flows. The fire department shall coordinate
				with the department during a fire emergency to prevent damage to the water
				system.
(b) The department may
				provide water to a governmental entity provided the governmental entity first
				submits a written hydrant permit application and agrees to all the terms and
				conditions contained therein including but not limited to notifying the
				department when any use of water is contemplated, paying a security deposit for
				a meter assembly and backflow prevention device and utilizing the meter
				assembly and backflow prevention device. Any failure of the permittee to
				properly utilize the meter assembly to record water taken through the fire
				hydrant shall constitute a violation of the hydrant permit and shall
				immediately terminate the hydrant permit and the permittee's right to draw
				water. Hydrant permits shall not be issued for a period longer than six months.
				Renewal shall be allowed on a case by case basis.
(c) Any damage to fire hydrants, and any
				consequent resulting loss or damage to property, or any injury to persons
				arising from or out of the damage to fire hydrants shall be paid for by the
				person or legal entity responsible for the damage. All repairs for any damage
				to fire hydrants shall be paid by the person or entity responsible for the
				damage.
(d) Any persons or
				entities, or both, found to have used, obstructed, or tampered with a
				department fire hydrant without the express written consent of department shall
				be assessed fees and charges including the estimated amount of the water taken,
				water discharged by the department to clear the mains, labor and materials, and
				administrative costs. Each invoice not paid within ten calendar days of date
				thereon will accrue a late charge equal to five per cent of the unpaid balance
				at the time it becomes delinquent and an additional five per cent for each
				month delinquent thereafter.
(e)
				The department shall, if it approves the request for a change in location of a
				hydrant, change such location; provided, that all labor, material, equipment,
				and all other costs and charges are paid in advance by the consumer.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-23 - Water spigots

Current through June, 2024
(a) The department
				may provide water spigots connected to public water systems. The water spigot
				shall be labeled with the appropriate public water system number as issued by
				the department of health. Each water spigot, and water spigot area, shall be
				maintained by the department in a manner suitable for lessee access to potable
				water.
(b) Each spigot shall be
				metered and the commission shall set the maximum amount that may be drawn from
				each spigot during a single billing cycle.
(c) The department shall manage access to the
				spigot by reasonable means.
(d) The
				department may restrict spigot use during time of water restrictions.
(e) The department guarantees potable water
				only to the point of withdrawal from the public water system.
Hawaii Administrative Rules › Title 10 - DEPARTMENT OF HAWAIIAN HOME LANDS › Chapter 4.1 - MANAGEMENT OF WATER SYSTEMS › Subchapter 1 - GENERAL PROVISIONS › Section 10-4.1-24 - Consumer's sale of water

Current through June, 2024
Subject to civil or criminal prosecution or both, unless
				  specifically agreed upon by the commission, the consumer shall not sell any
				  water received or purchased from the department.