Chapter III

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Chapter III: Protection, Development and Conservation of Water Resources

Sec. 3-301: Waste Disposal Facilities

1. All plans proposing the following waste disposal facilities must have the written approval of the Manager:
   1. Sewage disposal systems.
      (1) Cesspools.
      (2) Septic tank systems.
      (3) Individual household aerobic treatment units.
   2. Disposal wells.
   3. Sanitary landfills.
   4. Refuse disposal dumps.
   5. Sewage treatment plants.
   6. Stabilization ponds.
   7. Any other wastewater disposal facilities.
2. The Department may establish "No Pass Zones" which shall be delineated on "No Pass Zone" maps. These maps shall be used as guidelines in implementing this Section.
3. The Manager may at his discretion, withhold his approval, if there is any basis to expect that the operation of the proposed waste disposal facility and any wastewater therefrom may to any degree affect the quality and/or quantity of water resources used or expected to be used for domestic water.
4. If the Manager disapproves a proposal, he shall inform the applicant in writing of the facts and reasons upon which his disapproval is based and afford the applicant an opportunity for an informal appeal hearing. Any applicant who is aggrieved by the Manager's decision and desires reconsideration of such decision shall petition the Manager in writing within 30 days from the date of receiving such decision. The applicant should base his request for reconsideration on pertinent technical data, including boring logs which indicate that the proposed waste disposal facility in the "No Pass Zone" would not contaminate groundwater resources used or expected to be used for domestic water supplies. If after the hearing, the request for reconsideration is disapproved by the Manager, the applicant may appeal the decision to the Board, which shall have the power to affirm, modify or reverse the decision of the Manager so appealed from. Such appeal shall be taken within 30 days after the final decision of the Manager.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am and renum BWS Res. No. 502, 1982]

Sec. 3-302: Surface Waters

The subject of surface waters shall be governed by the appropriate and applicable Federal and State statutes, rules, regulations, directives and standards as currently exist and as may, from time to time hereafter be amended.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]

Sec. 3-303: Use of Pesticides

1. Any person planning to use pesticides on lands within the "RW" (Restricted Watershed) Conservation District Subzone, Department lands and installations, must obtain written approval from the Manager in addition to any other approval or permit required by law.
2. The Manager may prohibit or restrict the use of pesticides in any area when there is a reasonable basis to expect the pesticide will affect the quality of water resources used or expected to be used for domestic water.
3. If the Manager proposes to prohibit or restrict the use of pesticides in an indicated area, he shall inform the users of pesticides in the area of those facts and reasons upon which his prohibition or restriction is based, and afford the users an opportunity to be heard before taking action.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]

Sec. 3-304: Protection of Water Resources

1. Pursuant to the applicable provisions of the Revised Charter of the City and County of Honolulu, any proposed amendments to the "General Plan" and "Development Plan" of the City and County of Honolulu shall be reviewed by the Manager.
2. Whenever applications for any land use activity within the Conservation District in the City, whether permitted or not by State or City agencies, are submitted to the Manager for his review, the Manager shall investigate the effects the proposed use may have on water resources.
3. The Manager may recommend disapproval, within 30 days, if he finds any reason that the proposed activity could affect water resources and may be a detriment to the water resources used or expected to be used for domestic water.
4. If the Manager recommends disapproval, he shall inform the applicant of those facts and reasons upon which his disapproval is based, and shall afford the applicant an opportunity for informal hearing before the Manager prior to making a final decision.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]

Sec. 3-305: Application for Drilling, Modifying, Recasing, or Reusing Wells

1. An application for drilling each new well to develop water; modifying, recasing or changing the use to other than originally practiced or approved of an existing well from which water is to be drawn; or reusing for water development purposes any well which has been unused for a period of five years or more, shall be made to the Manager in writing, signed by the Owner, and shall include such of the following as are pertinent:
   1. Name, signature and post office address of the applicant and/or the Owner of the property on which the well is located. In the event that the Owner of the land on which the well is located and the Owner of the well are not the same, written notarized permission from the Owner of the land shall be filed with the application.
   2. A plan or drawing showing the proposed work, and a plot plan showing the well location referenced to the nearest property corner, City survey monument or government triangulation station.
   3. A statement of the nature, purpose and extent of the proposed usage of the water and/or the facility.
   4. A map showing the land area to be served from the well.
   5. Specifications for the proposed work, including:
      
      (1) The length, nominal diameter, thickness, material, type of joints and kind of casing or lining
      
      (2) A plan of the well showing:
      
           (a) main control valve, fittings, appurtenances required by Section 3-309 of these Rules and discharge pipes leading from the well;
      
           (b) size, type, capacity and kind of pumps or tanks, if any;
      
           (c) buildings and manholes;
      
           (d) plan and description of meter or other facility or method of recording output;
      
           (e) a vertical cross section of the well including details of casing or lining, grouting of annular space, and open hole.
      
      (3) The elevation of the top of the well control valve, or of the top of the casing, and the approximate elevation of the ground at the well head.
2. A fee of One Hundred Dollars ($100.00) shall accompany each application for the drilling or excavation of each new well for water development. In addition, before the permit is granted, a permittee bond for each new well, meeting the following requirements, shall be submitted to the Manager:
   1. The amount of the bond shall be set by the Manager but in no case shall the amount be greater than $25,000.
   2. The amount of bond as set by the Manager shall include the cost of sealing the well in accordance with these Rules and Regulations should it be necessary to abandon the well for any reason prior to its completion.
   3. The bond shall be effective for a period covering the life of the drilling contract plus 30 days.
   4. The payee of the bond shall be the Department, and the payor shall be the Owner of the well or his agent.
3. Application forms for drilling, modifying, recasing, or reusing wells may be obtained at the offices of the Department.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]

Sec. 3-306: Permit for Drilling, Modifying, Recasing, or Reusing Wells

1. An application for drilling each new well to develop water; modifying, recasing, or changing the use of an existing well from which water is to be drawn; or reusing for water development purposes any well which has been unused for a period of five years or more will be reviewed and acted upon by the Manager within thirty (30) calendar days after receipt.
2. Before a permit is granted, the Owner will be required to furnish an agreement to perform the work in accordance with these Rules and Regulations, and thereafter to operate and maintain the well in accordance with the laws of the State of Hawaii and these Rules and Regulations.
3. The Manager shall classify all wells, guided by Figures 1 and 2, included herein, and by the fundamental criteria that the primary purpose of these Rules and Regulations is to assure public safety, water conservation, prevention of groundwater degradation and/or pollution, and the obtaining and recording of geologic and hydrologic information. The Manager may reclassify any well while work is in progress if the geologic and hydrologic information that then becomes available does not substantiate his original classification. The Manager's classification of the well shall be the basis of application of these Rules and Regulations.
4. The Manager may refuse to grant a permit to drill a new well or to modify, reuse, or recase an existing well if there is a reasonable basis to expect that the proposed work will affect groundwater resources by:
   1. Causing or bringing about overdraft conditions, or
   2. Excessive lowering of the ambient groundwater table, or
   3. Causing or bringing about excessive salt water intrusion, excessive mineralization or other degradation of water quality, or
   4. Interfering with the operations of existing established water sources.
5. If the Manager elects to refuse a permit, he shall inform the applicant of the facts and reasons upon which his refusal is based and afford the applicant an opportunity for informal hearing before taking action.
6. This permit shall be valid for a period of one year (365 calendar days) from the date of issuance.
7. The Owner or his authorized representative shall notify the Manager when drilling work, including the installation of the casing, is completed, but prior to installing any equipment or appurtenances on or in the well.
8. No work, as stated in paragraph 1 above, shall commence without a permit.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]

Sec. 3-307: Suspension of Permit and Correction of Defects

1. Whenever it shall appear that any well work for which a permit has been granted by the Manager is not being done in accordance with the conditions of the permit or agreement mentioned in Section 3-306, the Manager shall notify the Owner to appear before him at a time and place designated in the Notice to show cause why the permit should not be suspended or revoked and the well sealed, or put in proper condition by the Owner. The Notice shall contain a brief statement of the grounds for suspension or revocation. After such hearing the Manager shall render his order as to revocation, suspension or continuation of the permit. The order shall be subject to appeal as provided in Section 5-502.
2. Whenever the Manager shall find that any well is not being maintained or operated in accordance with these Rules and Regulations, the Manager shall notify the Owner of such well to take whatever steps may be necessary to remedy the defect at the Owner's expense within a time specified in such Notice. If the Owner fails to comply with such Notice, and remedy the defect within the specified time, the Manager may do such work as may be necessary to put the well in proper condition at the expense of the Owner, or he may take necessary action to enforce the penalty provided by law.
3. The Notice provided in the preceding paragraphs 1 and 2 may be served by delivery to the Owner, or by delivery thereof to his last known place of business or residence, or by registered mail addressed to his last known post office address, not less than ten (10) days nor more than thirty (30) days before the date set for hearing, or time specified for correcting the defect, as the case may be.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]

Sec. 3-308: Well Casing

1. Whenever there is any reasonable basis to anticipate that any well subject to these Rules and Regulations could result in wastage or contamination of water resources, the Manager shall require the well to be cased, recased, lined or relined.
2. For all new and/or modified wells wherein casing is required, the casing and joints shall be of a quality conforming with the latest American Water Works Association specifications, or any other material approved by the Manager. If the casing is of steel material, it shall conform to the following minimum thickness.

   TABLE OF CASING THICKNESS
   Nominal Diameter of Casing (In.)	Casing Thickness (In.)
   2	0.154
   2-1/2	0.203
   3	0.216
   3-1/2	0.226
   4	0.237
   6-8	0.250
   10	0.312
   12	0.312
   14	0.312
   16	0.375
   18	0.375
   20	0.375

   For well diameters greater than 20", casing thickness shall be as specified by the Manager.
   The well owner shall insure that proper precautions are taken during installation to prevent collapse.
3. In all new and/or modified wells wherein casing is required, the annular space shall be grouted in a manner approved by the Manager from a depth set by the Manager to the ground surface.
4. Joints in the steel casing may be either welded or of the screwed type with external sleeves. Welded joints are to be made by a State certified welder. External sleeve joints shall be screwed to refusal before being lowered into the ground. The threads of the pipe casing and the sleeves shall be cleaned of any rust, dirt or grease and given a coating of approved metal preservative. After the joint has been made up, all exposed surface of the joints, sleeves and uncovered threads are to be given a final coating of the same preservative.
5. The lower end of the casing shall be set at such depth and by such method, chosen by the contractor and approved by the Manager, as will minimize the possibility of leakage and insure that any loose material will not enter or ravel into the well. Tests for leakage in and around the casing shall be conducted under the direction of the Manager after drilling or recasing is completed. For the purposes of such tests a suitable standpipe shall be temporarily installed by the Owner at his own expense when so requested by the Manager.
6. Should a well casing be found to be leaking and causing wastage of water or contamination of water resources, the Owner must either stop the leak or seal the well at his own expense, and in a manner satisfactory to the Manager.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]

Sec. 3-309: Other Requirements for Wells

1. For all new wells constructed after March 1972 from which water is to be drawn, the Owner shall provide and maintain the following at his own expense:
   1. Devices satisfactory to the Manager for measuring and recording total draft. Where the well is one of a battery of interconnected wells, a centralized measuring and recording facility may be installed.
   2. Means to determine water level satisfactory to the Manager.
   3. Adequate access and clearance for well drilling equipment.
2. For all new artesian wells constructed after March l972, wherein the static water level can rise to the well head, the Owner shall provide and maintain the following equipment at his own expense in addition to that required in paragraph 1 above:
   1. A valve of the same diameter as the well casing, so arranged as to facilitate the introduction of instruments for inspection and test purposes, the valve shall be capable of stopping the flow from the well and shall be installed directly at the top of the well casing.
   2. A valve or petcock 1/4" or larger shall be installed below the valve required in paragraph (2a) above, for periodic testing of the well or sampling of the water under static conditions.
   3. Clearance at the well to permit the well casing to be extended above the altitude of the static artesian head.
3. The replacement of pumps or other equipment at a well for its control and operation that will materially increase the output from the well shall be subject to the approval of the Manager, measured by the criteria set forth in Section 3-306(4). The Manager's decision whether or not to approve shall be made within two weeks after receipt of the notification.
4. The Manager shall be notified at least 48 hours before the Owner removes pumps or other devices installed in the well bore. When such devices are removed, the Manager shall be allowed access to the cleared well for inspection and measurements. In emergencies, the Manager shall be notified as soon as practicable after the devices are removed.
5. The Owner of any well subject to these Rules and Regulations shall be responsible for providing adequate safeguards at the well at his own expense, so that any person permitted to be on such property where the well is located shall not be exposed to any dangerous hazard or nuisance.
6. For all wells constructed prior to March 1972, wherein the static water level can rise to the well head, the Owner shall provide and maintain an operable control valve to prevent unnecessary wastage.

Sec. 3-310: Log of Well, Length of Casing and Depth of Well

1. The Owner shall require that the well driller maintain a continuous log of the drilling of the well, including a description and samples of the materials encountered, together with the depths to the top and bottom of each change in geologic characteristics. The log shall include a record of water levels encountered, any changes thereof, and the rate of flow at the surface, if any, for different depths of drilling.
2. Within ninety (90) calendar days after construction of each well, the Owner shall submit a Driller's Report to the Manager on forms approved by the Manager.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]

Sec. 3-311: Qualifications of Well Drillers

The drilling, modifying, recasing, reusing, or sealing of any well shall be done only under the direct supervision of personnel properly certified by the Department of Regulatory Agencies, State of Hawaii.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]

Sec. 3-312: Inspection of Work

The Manager may supply an inspector, whose duties shall be to obtain and report the progress of the work of drilling, modifying, recasing, reusing, or sealing of wells. The Manager and his assistants or inspectors shall have free access to all parts of the work at all times, and shall be given any assistance required and every facility, information and means of thoroughly inspecting the work and the materials used or to be used.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]

Sec. 3-313: Utilization of Well Water

1. All water wells shall be operated in a manner that will readily and effectively prevent wastage and pollution of water. The Manager may exclude high-level tunnels from the provisions of this section if it is specifically determined in each case that wastage of water therefrom cannot be reasonably corrected.
2. The Manager may limit the amount of water drawn from any well covered under these Rules and Regulations if there is a reasonable basis to expect that the overdraft will
   1. Cause or bring about overdraft conditions, or
   2. Excessively lower the ambient groundwater table, or
   3. Cause or bring about excessive salt water intrusion, excessive mineralization, or other degradation of water quality, which may render a domestic water source unfit for such purposes, or
   4. Interfere with the operations of existing established water sources.
3. If the Manager proposes to limit draft from any well, he shall inform the Owner of sufficient facts and reasons upon which his limitation is based, and afford the Owner an opportunity for informal hearing before taking action.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am BWS Res. No. 475, 1980]

Sec. 3-314: Data Relating to Wells

1. Every Owner or user of any well in the City shall, upon request of the Manager, disclose the location of such well and all other facts or information within his knowledge or possession relating to such well. He shall include a statement of the manner in which the well is being used or operated, the volume of water being drawn or flowing therefrom, and the method and means of control thereof.
2. Owners of wells in existence on October 1, 1959 shall not be required to alter or augment existing facilities or appurtenances to obtain data, but shall assist the Manager, when required, in installing facilities or altering or augmenting existing facilities at the discretion and cost of the Department in order that such data may be obtained.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]

Sec. 3-315: Test Borings

1. The driller shall notify the Manager prior to any test boring work.
2. The driller shall submit a completed information form within ten (10) calendar days after giving notice of proposed test borings. Forms may be obtained at the offices of the Department.
3. If information discloses that there is any reasonable basis to anticipate that the test borings would cause contamination or wastage of groundwater resources, the driller shall complete the work at his own expense in a manner satisfactory to the Manager.
4. No fee is required for test borings.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]

Sec. 3-316: Abandonment and Sealing

1. Every Owner or user of any well in the City and County who fails to demonstrate actual use of the well for a period of five (5) years, shall be notified that said well is verified as abandoned.
2. Abandoned wells shall be sealed by the owner at his own expense within a reasonable period after notification. The sealing method chosen by the Owner shall be approved in writing by the Manager and shall assure protection of groundwater resources against wastage and contamination.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am BWS Res. No. 472, 1979]

Sec. 3-317 Access to Wells and Appurtenances

Any member and any authorized representative or employee of the Department shall have free access to all wells and their appurtenances at any reasonable time for the purpose of inspecting or testing or securing such hydrologic or other information as the Manager may deem necessary.

[Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976]

Sec. 3-318: Low Groundwater Level Conditions

1. Caution Low Groundwater Condition
   A caution low groundwater condition exists:
   1. At any time during the period in which three or more of the groundwater head levels at the areas listed in Schedule I fall below the levels designated in Column A of said schedule for said areas.
   2. Whenever chloride content rises 8 ppm but less than 12 ppm over three consecutive months at sufficient sources to hamper operations.
   The Board may at any time during the period in which a caution low groundwater condition exists:
   1. Inform the public that a Caution Low Groundwater Condition exists.
   2. Conduct an intensive public appeal for water conservation through the mass media.
   3. Institute voluntary irrigation and other water use schedules to reduce water consumption.
   4. Send letters to large consumers and other private well operators asking them to cut back their usage.
2. The Manager shall, at each regular Board meeting while a caution low groundwater condition exists, report to the Board the status of the head and chloride levels of the Department's facilities; the weekly average of daily pumpage; the effectiveness of the voluntary conservation measures being advocated; recommendations to increase or decrease public appeals to conserve water, and such other information which the Board may desire or require from time to time to evaluate the status of the low groundwater condition and make modification to the voluntary conservation measures being advocated.
3. Alert Low Groundwater Condition
   An alert low groundwater condition exists:
   1. At any time during the period in which three or more of the groundwater head levels at the areas listed in Schedule I fall below the levels designated in Column B of said schedule for said areas.
   2. Whenever chloride content rises 12 ppm but less than 16 ppm over three consecutive months at sufficient sources to hamper operations.
   The Board may at any time during the period in which an alert low groundwater condition exists:
   1. Declare that an alert low groundwater condition exists. An alert low groundwater condition shall continue to exist, once it is declared by the Board, until such time as the Board declares that the condition is terminated.
   2. Implement mandatory restrictions within the scope of these Rules and Regulations.
   3. Punish offenders within the scope of these Rules and Regulations.
4. Critical Low Groundwater Condition
   A critical low groundwater condition exists:
   1. At any time during the period in which three or more of the groundwater head levels at the areas listed in Schedule I fall below the level designated in Column C of said schedule for said areas.
   2. Whenever chloride content rises 16 ppm or more over three consecutive months at sufficient sources to hamper operations.
   The Board may at any time during the period in which a critical low groundwater condition exists:
   1. Declare that a critical low groundwater condition exists. A critical low groundwater condition shall continue to exist, once it is declared by the Board, until such time as the Board declares that the condition is terminated.
   2. Implement mandatory restrictions within the scope of these Rules and Regulations.
   3. Punish offenders within the scope of these Rules and Regulations.
5. The Manager shall, at each regular Board meeting while a declared alert or critical low groundwater condition as provided herein is in effect, report to the Board the status of the head and chloride levels of the Department's facilities; the weekly average of daily pumpage; the effectiveness of the restrictions and allotments in force; recommendations to increase or reduce restrictions and allotments; and such other information which the Board may desire or require from time to time to evaluate the status of the low groundwater condition and make modifications to the restrictions and allotments imposed.

[Eff 8/14/1978; BWS Res. No. 459, 1978; am BWS Res. No. 475, 1980; am BWS Res. No. 624, 1994]

Sec. 3-319: Mandatory Restrictions Related to Alert Low Groundwater Condition

1. Board of Water Supply Consumers. During an alert low groundwater condition period, the Board may set lawn and ground cover water irrigation restrictions on any of the Department's consumers. Such restrictions may relate to the time when such irrigation may take place and the quantity of water used and may be different for the various classes of the Department's consumers as the Board shall determine. In addition, the Board may establish water allotments for commercial, residential, industrial, military, governmental, and agricultural consumers. The allotment shall not be less than 90% of the previous 12-month monthly average or less than 350 gallons/day for single family and duplex residences.
2. Private Wells. During an alert low groundwater condition period, the Board may ask owners of private wells to comply with maximum monthly water allotments established for each private well or battery of private wells. Such allotments shall be stated as a percentage of the highest average daily draft for each month of the year over the last 5 years prior to the effective date of declaration by the Board.
    
   Example: John Doe Well - Average Daily Pumpage Each Month

   	Year 1	Year 2	Year 3	Year 4	Year 5
   Jan.	2.3 mgd	1.7 mgd	*2.4 mgd	2.0 mgd	1.9 mgd
   Feb.	1.8 mgd	1.9 mgd	1.8 mgd	*2.0 mgd	1.8 mgd
   Mar.	*1.9 mgd	1.8 mgd	1.8 mgd	1.7 mgd	1.8 mgd
   Apr.	2.2 mgd	2.0 mgd	*2.6 mgd	2.3 mgd	2.3 mgd
   etc.	etc.	etc.	etc.	etc.	etc.

   *Highest Average Daily Pumpage for Each Month of the Year Over the Last 5 Years for John Doe Well
    

   Jan.	2.4 mgd.
   Feb.	2.0 mgd.
   Mar.	1.9 mgd.
   Apr.	2.6 mgd.
   etc.	etc.

   In no case shall the allotment be less than 90% of the highest average daily draft for each month of the year over the last 5 years. Any owner of 2 or more separate wells may regulate the draft of their wells so that aggregate monthly draft will not exceed the combined monthly allotment for all of their wells.
3. Department personnel may issue warnings and citations for violations of mandatory restrictions set by the Board.

[Eff 8/14/1978; BWS Res. No. 459, 1978; am BWS Res. No. 624, 1994]

Sec. 3-320: Mandatory Restrictions Related to Critical Low Groundwater Condition

1. Board of Water Supply Consumers. The Board may declare that one or more of the following restrictions shall apply to any or all classes of the Department's consumers. Such restrictions may relate to the time when the uses listed in this paragraph may occur and the quantity of water used and may be different for the various classes of the Department's consumers as the Board may determine.
   1. Limits on lawn and ground cover water irrigation.
   2. Limits on plant and garden irrigation.
   3. Limits on the washing of cars, boats, trailers, and other vehicles.
   4. Limits on the filling of swimming pools and other types of pools and ponds.
   5. Limits on the washing of sidewalks, walkways, driveways, patios, parking lots, tennis courts, and other hard surfaced areas.
   6. Limits on the operations of fountains.
2. Private Wells. During a critical low groundwater condition period, the Board may ask owners of private wells to comply with maximum monthly water allotments established for each private well or battery of private wells. Such allotments shall be stated as a percentage of the highest average daily draft for each month of the year over the last 5 years prior to the effective date of declaration by the Board. The Board may from time to time increase or decrease the initial percentage limit set for each well or battery of wells provided that in no case shall the percentage be less than 70% of the highest average daily draft for each month of the year over the last 5 years.
   Any owner of 2 or more separate wells may regulate the draft on their wells so that the aggregate monthly draft will not exceed the combined monthly allotment for all of their wells.
3. Department personnel may issue warnings and citations for violations of mandatory restrictions set by the Board.
4. Special Rates and Charges Relating to Critical Low Groundwater Condition. During a critical low groundwater condition period, a surcharge schedule for excess water use shall be established according to the following procedure. The Board shall set water allotments per billing period for each class of the Department's consumers. Such allotments shall be stated as a percentage (which may be greater than 100% but not less than 70%) of the previous 12-month monthly average. In addition the allotment shall not be less than 350 gallons per day for single family and duplex residences. The Board may from time to time increase or decrease the initial percentage limit set for any class of consumers. Allotment percentages may be set at different times and at different levels for the various classes of consumers as the Board shall determine. In determining what percentages to declare for various classes of consumers at various times, the Board shall consider present and predicted weather conditions, the rate of decline of the ground water head levels, the impact on the economy, compliance with regulations by various classes of consumers, new service applications, development of supplementary source, impact on the budget of the Department, and the social impact of proposed restrictions. Water consumed in excess of the water allotment per billing period for each consumer shall be charged according to the following schedule:

   Gallons in excess of Allotment for Meter Sizes 2" and Larger (Monthly or Bi-monthly Billing)	Gallons in excess of Allotment for Meter Sizes 5/8" to 1-1/2" (Monthly Billing)	Gallons in excess of Allotment for Meter Sizes 5/8" to 1-1/2" (Bi-Monthly Billing)	Surcharge
   First 25% or part thereof	First 3,000 gallons or part thereof	First 6,000 gallons or part thereof	2 times existing water rate*
   Next 25% or part thereof	Next 3,000 gallons or part thereof	Next 6,000 gallons or part thereof	3 times existing water rate*
   Next 25% or part thereof	Next 3,000 gallons or part	Next 6,000 gallons or part thereof	4 times existing water rate*
   Next 25% or part thereof	Next 3,000 gallons or part	Next 6,000 gallons or part thereof	12 times existing water rate*
   All use over 100%	All use over 12,000 gallons	All use over 24,000 gallons	20 times existing water rate*

   *If the service is charged by block rates, the surcharge will be charged at the Block Rate that the allotment falls in.
   
   For residential consumers, the surcharge shall be charged at the block rate that the allotment falls in. Surcharges shall be assessed each consumer after receipt of the first water bill following the establishment of allotments by the Board. Upon termination of allotments by the Board, surcharges shall cease.

[Eff 8/14/1978; BWS Res. No. 459, 1978; am BWS Res. No. 624, 1994]

Sec. 3-321: Penalties

1. Any violation by any person of the restrictions declared by the Board under Sections 3-319 and 3-320 of this Chapter shall be punishable according to Chapter II, Section 2-205 and Chapter V, Section 5-501 of these Rules and Regulations.
2. Any consumer who violates the restrictions declared by the Board under Sections 3-319 and 3-320 of this Chapter or who consumes water in excess of the amount designated below for their class shall be subject to the installation of a flow restriction device by the Department and punishable according to Chapter V, Section 5-501 of these Rules and Regulations. An offender shall pay $50.00 for the installation and removal of a flow restriction device by the Department. Water service may be discontinued for an offense committed after the installation of a flow restrictor in accordance to Chapter II, Section 2-205.

   Class of Consumer	Maximum Allowable Consumption in Excess of Allotment
   I. Residential including single family and duplex	I. 5,000 gallons per monthly billing period, 10,000 gallons per bi-monthly billing period.
   II. Resort, commercial, multi-family, industrial, agricultural, military, and government.	II. Difference between allotment and previous 12-month monthly average.

[Eff 8/14/1978; BWS Res. No. 459, 1978; am BWS Res. No. 624, 1994]

Sec. 3-322: Procedures for Control of Water Use During Low Groundwater Level Condition

1. Declaration of Low Groundwater Level Condition. The Manager shall inform the public and the Department's consumers of the declaration of an alert or critical low groundwater condition by publishing such declaration in a newspaper of general circulation on the island of Oahu at least once a day for three consecutive days. The alert or critical low groundwater condition shall begin at midnight on the third day of the publication declaring such condition.
2. Notice of Restrictions. The Manager shall inform the public and the Department's consumers of the restrictions being imposed because of an alert or critical low groundwater condition by publishing such restrictions in a newspaper of general circulation on the island of Oahu at least once a day for three consecutive days. The restrictions shall begin at midnight on the third day of the publication declaring such condition and shall terminate at midnight on the first day of a publication terminating such condition.
3. Notice of Water Allotment to Consumers. Each consumer shall be notified of their water bill or by direct mail to the consumer. In cases where a water bill is not sent directly to the person using the water, the consumer shall be responsible for informing the user of the water allotment per billing period applicable to them.
4. Notice of Maximum Monthly Water Allotment to Private Well Operators. Each private well operator shall be notified by mail of their monthly water allotment.
5. Exceptions. Consideration of written applications for exceptions regarding the allotment system or regulations and restrictions on water use set forth in this Chapter shall be as follows:
   1. Written applications for exceptions shall be accepted, and may be granted, by the Manager.
   2. Grounds for granting such exceptions are:
      
      (1) Failure to do so would cause an unnecessary and undue hardship to the Applicant, including but not limited to adverse economic impacts such as loss of production or jobs;
      
      (2) Failure to do so would cause an emergency condition affecting the health, sanitation, fire protection, or safety of the Applicant or the public;
      
      (3) For single family residences with more than four persons permanently residing in the home, if a written application for an exception is granted as provided herein, the applicable allotment shall be increased by 40 gallons per person per day for each person permanently residing in the home in excess of four persons;
      
      (4) For multiple residential units with more than two dwelling units where the allotment is less than 280 gallons per day per dwelling unit, if a written application for an exception is granted as provided herein, the applicable allotment shall be 280 gallons for each unit;
      
      (5) Denial of an application for exception may be appealed in writing to the Board.
6. Termination of Low Groundwater Level Condition. The Board may terminate a declared low groundwater level condition whenever head levels at fewer than five of the area heads listed in Schedule I are within the prevailing condition or whenever chloride content has risen less than 12 ppm over three consecutive months at sources that caused the declared low groundwater level conditions.
   
   The Manager shall inform the public and the Department's consumers of the termination of an alert or critical low groundwater condition by publishing such termination in a newspaper of general circulation on the island of Oahu at least once a day for three consecutive days. The alert or critical low groundwater condition and all restrictions and allotments associated therewith shall terminate at midnight on the first day of a publication terminating such condition.

[Eff 8/14/1978; BWS Res. No. 459, 1978; am BWS Res. No. 624, 1994]

Sec. 3-323: Exemption of Private Wells Within Designated Groundwater Control Areas

New and existing private wells within Designated Groundwater Control Areas only shall be exempt from the provisions of the Rules and Regulations. However, owners of private wells shall be asked to comply with any allotments set by the Board for private wells. Control and regulation of such wells shall be subject to State statutes, rules, regulations, directives, and standards as currently exist and as may, from time to time hereafter, be amended.

Groundwater Head Levels

SCHEDULE I

**Bulkhead pressure

[Eff 3/31/1980; BWS Res. No. 475, 1980; am BWS Res. No. 624, 1994; am BWS Res. No. 796, 2010]

Sec. 3-324: Use of Recycled Water

1. Recycled water use sites require written approval from the Department. Recycled water will only be used for the purpose for which the Department gives written approval.
2. Users of recycled water shall comply with the Hawaii Department of Health Guidelines (DOH Guidelines) established to ensure protection of public health and prevent environmental degradation of aquifers and/or surface waters.
3. Minimum distances must be maintained between a recycled water approved use site and drinking water supply wells.
   1. Irrigation of recycled water must be at least 50 feet away from any drinking water supply well.
   2. The outer edge of any recycled water impoundments (e.g., reservoirs, golf course ponds, etc.) must be at least 100 feet away from any drinking water supply well.
   3. Drainage from areas using recycled water must be controlled to prevent the water from coming within 50 feet of a drinking water supply well.
4. Prior to using recycled water on any approved recycled water use site, the Department and the User will jointly develop a memorandum of understanding to delineate responsibility for compliance with the rules and regulations in the remainder of this section.
5. Best management practices will be used to mitigate or prevent the occurrence of certain conditions when using recycled water on approved recycled water use sites, including the conditions outlined below:
   1. Mitigation of the ponding of water for more than two hours following the cessation of recycled water irrigation.
   2. Prevention of contact of recycled water with drinking water fountains.
   3. Mitigation of discharge, runoff, or overspray outside the boundaries of the approved recycled water use site. d. Mitigation of conditions conducive to proliferation of mosquitoes and other disease vectors, and to avoid creation of a public nuisance or health hazard.
6. Standard hose bibs will not be used on recycled water system piping.
7. Management Reuse Plan is required for the approved recycled water use site to delineate responsibilities of operation and maintenance of the site. A template for the preparation of a Management Reuse Plan is available from the Department.
   1. A User Supervisor is required for each approved recycled water use site.
      Any change in the User Supervisor will require approval by the Department.
   2. The User Supervisor:
      1. Should be knowledgeable about the entire recycled water system within his/her responsibility;
      2. Should be knowledgeable about all applicable conditions of recycled water use;
      3. Will be responsible for installing, operating, and maintaining the recycled water system;
      4. Will be responsible for preventing potential hazards;
      5. Will be responsible for implementing the DOH Guidelines; and
      6. Will be responsible for coordinating with the Department's cross?connection control program.
   3. The Management Reuse Plan will include operation criteria for irrigation.
      1. Rationale for scheduling irrigation.
      2. How to determine when to stop irrigation.
      3. The number of fields that can or should be irrigated at the same time.
      4. The order in which fields should be irrigated.
      5. The sequence to follow when starting and stopping the irrigation system.
      6. How to control flow and pressure.
   4. The Management Reuse Plan will include a contingency plan that identifies actions and precautions to be taken to protect public health in the event of a non-approved use, such as an overspray or runoff from the approved recycled water use site, and ponding of recycled water.
8. A public education plan will be developed to inform persons about the use of recycled water in areas where they are likely to come in contact with it. a. When spray irrigation is used, the Department and user property manager will comprise a reuse committee. The intent of this committee is to identify, document, and notify the Department of Health of inappropriate use of recycled water. b. Signs with conspicuous pictorial and text warning will be approved by the Department and will be posted in all areas where recycled water is used. The wording will be of sufficient size to be clearly read by the public. Examples of approved signs are available from the Department.
9. Information will be provided to employees who work in an approved recycled water use site. Information will include oral and written information that:a. Recycled water is being used.b. Recycled water is not suitable for drinking and that drinking recycled water may result in potential illness.
10. Daily records of operation and maintenance information will be maintained, including:a. The volume of recycled water flow applied to the approved recycled water use area.b. The volume of any supplemental water flow applied to the approved recycled water use area.c. The total area irrigated.d. The cycle or number of applications per day.e. The total volume of recycled water and supplemental water applied to the approved recycled water use are in gallons per acre per day. f. The total daily precipitation.g. The number of incidents of ponding for more than 2 hours.h. The number of incidents of runoff from the approved use area.i. The stress condition of the crop.j. Days when irrigation does not occur.k. Freeboard of any recycled water storage impoundment.
11. Cross-connections of recycled water supplies and potable water supplies are prohibited. Additional information and restrictions about cross-connections can be found in Sec. 2-213.

[Eff 1/1/2002; BWS Res. No. 722, 2001]

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