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     Rules & Regulations
             Charter
             Part I
             Part II
                Section 1
                Section 2
                Section 3-5
                Section 6
                Section 7-10
                Section 11-15
                Section 16-19
                Section 20
                Section 21-23
                Section24-27
             Part III
             Part IV

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RULES AND REGULATIONS

PART 2 - Section 3 - 5

RULES AND REGULATIONS FOR WATER SERVICE CONNECTIONS

WITHIN THE COUNTY OF KAUAI, AND PROVIDING PENALTIES

FOR THE VIOLATION THEREOF

SECTION III - CONSERVATION MEASURES AND

INTERRUPTION OF WATER SUPPLY

1. The Department will exercise reasonable diligence and care to deliver an adequate supply of water to the consumer and to avoid shortages or interruptions in water service, but will not be liable for any interruption, shortage, insufficiency of supply, or any loss or damage occasioned thereby.

2. Whenever, in the Department’s opinion, special conservation measures are advisable in order to forestall water shortage and a consequent emergency, the Department may restrict the use of water by any reasonable method of control.

3. The Department reserves the right at any and all times to shut off water from the mains without notice for the purpose of making repairs, extensions, alterations, or for other reasons. Consumers depending upon a continuous supply of water shall provide 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 will be prosecuted as rapidly as practicable and, insofar as practicable, at such times as will cause the least inconvenience to the consumer.

SECTION IV - ELEVATION AGREEMENT, PRESSURE CONTROLS

1. The Department will make every effort to maintain pressure but will not accept responsibility for maintaining pressure in its water mains.

2. Where property 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 connection with the Department’s system, must agree to accept such water service as the Department is able to render from its existing facilities and to install, if necessary, and maintain at his expense a tank and pump of suitable design and of sufficient capacity to furnish an adequate and dependable supply of water. When required by the Department the consumer shall install an air gap or other protective devices between the consumer’s supply pipe and the service connection. The consumer shall execute a written release in favor of the Department for all claims on account of any inadequacy in the Department’s system or inadequacy of water supply to the consumer.

3. When the pressure of the Department’s supply is higher than that for which individual fixtures are designed, the consumer shall protect such fixtures by installing and maintaining pressure reducing and relief valves. The Department will not be liable for damage due to pressure conditions or caused by or arising from the failure or defective condition of such pressure regulators and relief valves or for damage that may occur through the installation, maintenance or use of such equipment.

SECTION V - APPLICATION FOR WATER SERVICE AND

SERVICE CONNECTION

1. When applying for water service and service connection, each prospective consumer shall:

a. complete a standard application form;

b. pay any applicable charges due at the time of application. The Department shall state what the applicable charges are at the time of application;

c. If applicable, complete all infrastructure requirements, as determined by the Department; and

d. Any other requirements as determined by the Department.

2. The Department shall inform the prospective consumer, in writing, that the application is complete and accepted for filing, or that the application is deficient and what specific information is necessary to make the application complete. If the application is deficient, computation of time for accepting or denying the request shall not begin until all requirements are met.

3. Once completed and filed, the Department shall approve or deny the application within forty-five (45) working days. The application shall be deemed approved, pursuant to Hawaii Revised Statutes 91-13.5 if the Department fails to take any action at the end of the forty-fifth working day. Upon approval of the application, the applicant shall pay all applicable charges prior to receiving water service and service connection.

4. Each prospective consumer shall be required to sign the standard application form for the water service desired, assuming responsibility for the payment of future charges for water service to (at) the designated location before water is turned on for any use whatsoever. The prospective consumer signing the standard application form shall be (held) liable for the payment of all charges for water and water service at the designated location.

5. An advance deposit equal to the Department’s estimate of two months’ water charges will be required of tenants, lessees, and purchasers of property under an agreement of sale. When water service is discontinued, the advance deposit will be returned less all unpaid or outstanding water charges.

6. Charges for water will begin when the water service is established and will continue until due notification from the consumer or until discontinued by the Department for failure of the consumer to comply with these rules and regulations.

7. When an application for water service is made by a consumer who was responsible for and failed to pay all bills previously rendered, regardless of location or time incurred, the Department may refuse to furnish water service to such (applicant) consumer until the outstanding bills are paid.

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