Hawaii Administrative Code

(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 prop…

(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, valv…

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 wate…

(a) No cross-connections shall be made without the written consent of the department. (b) It is unlawful for any person to make, maintain, or cause temporarily or permanently, any cross-connection that has a potential for backflow between their plumbing pipes or water fixtures an…

(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, shortag…

This subchapter shall apply to all water systems under the exclusive control of the department. Notes Haw. Code R. § 10-4.1-2 [Eff 6/25/2021] (Auth: HHC Act §222) (Imp: HHC Act §221)

(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…

(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 …

(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…

(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…

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. Notes Haw. Code R. § 10-4.1-24 [Eff 6/25/2021] (Auth: HHC Act §222) (Imp: HHC Act §221)

(a) Protective grounding of alternating current secondary distribution circuits made to the water system shall conform in all details with the national electrical code of the national board of fire underwriters and with the county building code where the water system is located. …

If a consumer requests a meter replacement prior to the scheduled routine replacement, the consumer will be billed for the service call plus the current cost of the meter. As is the case with all new meters, upon installation the meter becomes the property of the department. Note…

Employees of the department are strictly forbidden to demand or accept personal compensation for services rendered. Notes Haw. Code R. § 10-4.1-27 [Eff 6/25/2021] (Auth: HHC Act §222) (Imp: HHC Act §221)

Notes Haw. Code R. §§ 10-4.1-28 to 10-4.1-30 Eff 6/25/2021

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 wate…

(a) The department shall conduct a cost of service study annually, based upon enterprise accounting, and a water service rates analysis at least every three years. (b) Water service rates for each department owned public water system shall be established by the commission and att…

(a) Meter readings and billings shall be on at least a bi-monthly basis, except for closing of accounts for special conditions with the approval of the department. (b) Closing bills for a period shorter than the regular billing period shall be determined by the sum of the charges…

(a) Whenever, in the department's opinion, special conservation measures are advisable to forestall water shortage or an emergency, the department may restrict the use of water by any means or method of control. The department shall also have the right to limit the quantity of wa…

Notes Haw. Code R. §§ 10-4.1-34 to 10-4.1-40 Eff 6/25/2021

(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…

(a) The water supplied by the Puukapu non-potable water system is intended to be used only for pastoral uses consistent with pastoral leases. Consumers may not use water for any other purpose except with the express written consent of the department. The department makes no guara…

(a) The lease shall provide service conditions and for the assessment of the monthly maintenance fee set as follows: the table entitled, "Puukapu Maintenance Fee" Approved on May 19, 2014 and Extended on May 15, 2018", dated May 15, 2018, attached as Exhibit "D" at the end of thi…

(a) Whenever, in the department's opinion, special conservation measures are deemed necessary to forestall a water shortage and a consequent emergency, the department may restrict or ration the use of water by any method or means of control. Livestock watering consumers may be re…

(a) No person or entity shall be permitted to draw water from any part of the system without the written consent of the department. No approval shall be granted in cases where, in the opinion of the department, the drawing of water may adversely affect the water service extended …

(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 o…

(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 …

(a) When an application for water service has been approved, water service shall be installed as approved. There shall be one meter for each service, unless the department, because of operating necessity, installs a combination meter, or two or more meters in parallel. All meters…

(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 d…

(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 …

Each hearing shall be held at the time and place set in the notice of hearing, but, at that time and place may be continued by the presiding officer from day to day or adjourned to a later date or to a different place without notice other than the announcement at the hearing. Not…

All final orders, opinions, or rulings entered by the commission in a proceeding and rules adopted by the commission as a result of a contested case hearing shall be released for general publication. Copies of published materials shall be available for public inspection in the de…

The attorney general or a designated representative shall serve as counsel for the commission, or the department. Notes Haw. Code R. § 10-5-11 [Eff 7/30/81; comp 10/26/98] (Auth: HRS § 91-2) (Imp: HRS § 28-4)

On motion and for good cause shown, the commission may order substitution of parties, except that, in the case of death of a party, substitution may be ordered without the filing of a motion. Notes Haw. Code R. § 10-5-12 [Eff 7/30/81; comp 10/26/98] (Auth: HRS § 91-2) (Imp: HRS §…

The commission, on its own motion or on motion of any party, may consolidate for hearing or for other purposes or may contemporaneously consider two or more proceedings which involve substantially the same parties, or issues which involve the same parties or issues which are the …

In any proceeding to be determined by the commission after the notice and hearing and upon a record: (1) No person, either in private life or public life, shall communicate privately on the merits of the case to any member of the commission or its staff or to the hearing officer …

Notes Haw. Code R. §§ 10-5-15 to 10-5-20

The commission, on its own motion or on petition of any interested person or agency, may hold proceedings as it deems necessary for the purpose of obtaining information necessary or helpful in the determination of its policies, the carrying out of its duties, or the formulation o…

(a) Any person or agency may petition the commission for the adoption, amendment, or repeal of any rule. The petition shall set forth the text of any proposed rule or amendment desired or specify the rule, the repeal of which is desired and state concisely the nature of petitione…

(a) When, pursuant to a petition or upon its own motion, the commission proposes to adopt, amend, or repeal a rule, the commission shall publish a notice of proposed rulemaking at least once in a newspaper of general circulation in the State and in each county affected by the rul…

(a) The chairman or the chairman's designee shall preside over the public hearing. The hearing shall be conducted to allow interested persons a reasonable opportunity to be heard on matters relevant to the issues involved and to obtain a clear and orderly record. The presiding of…

The chairman or presiding officer shall announce the date when its decision shall be made. The commission shall fully consider all relevant comments and material of record before taking final action in a rulemaking proceeding. Upon adoption, amendment, or repeal of a rule, the co…

Subject to chapter 91, HRS, and, notwithstanding the foregoing rules, if the commission finds that an imminent peril to public health, safety, or morals requires issuance, amendment, or repeal of a rule upon less than thirty days notice of hearing, and states in writing its reaso…

The adoption, amendment, or repeal of any rule by the commission is subject to the approval of the governor. Notes Haw. Code R. § 10-5-26 [Am3/31/2017] (Auth: HRS § 91-2) (Imp: HRS § 91-3)

Notes Haw. Code R. §§ 10-5-27 to 10-5-30

Any person or agency may submit a signed request that any rule contained in this chapter not be applied. The commission or the hearing officer before whom the matter is presented may suspend or waive the particular rule or rules to prevent the hardship identified and described in…

(a) Any person or agency including the commission and the department may request a contested case hearing and shall have the right and full opportunity to assert a claim provided that the claim is based on a law or rule over which the commission has jurisdiction. (b) Such complai…

(a) The commission shall hold a contested case hearing whenever it finds that: (1) Such a hearing is required by Chapter 91, HRS; (2) There is a reason to believe that a law or rule of the commission has been violated; (3) Such a hearing would be in the best interest of one or mo…

(a) No hearing officer shall be assigned to serve in any proceeding who: (1) Has any pecuniary interest in any matter or business involved in the proceeding; (2) Is related within the third degree by blood or marriage to any party to the proceeding; (3) Has participated in the in…

(a) In order to encourage and to provide opportunities for settlement of disputes, there may be held at any time before or during contested case hearings, such informal conferences among the parties for the purpose of submission and consideration of facts, arguments, proposal of …