HAR §15-319-44. Service detrimental to others

The corporation may refuse to furnish water, and may discontinue water service to any premises or consumer, where the demands of the consumer will result in inadequate service to others. [Eff OCT 2 3 2022] (Auth: HRS §201H-4) (Imp: HRS §201H-9) ­ §15-319-45 Consumer intending to vacate premises. Each consumer intending to vacate any premises supplied with water by the corporation shall give notice of the consumer's intention to vacate at least fifteen days prior thereto, specifying the date service is desired to be discontinued. The consumer shall be responsible for the cost of all water service furnished to the premises until fifteen days after the corporation has received such notice of discontinuance. Before buildings are demolished, the corporation should be notified so the service connection can be closed. [Eff OCT 2 3 2022 ] (Auth: HRS §201H-4) (Imp: HRS §201H-9) §15-319-46 Procedures for contesting discontinuation of water service. (a) If a consumer wishes to dispute a proposed discontinuance of 319-23 §15-319-46 service, the consumer shall, at least ten days prior to discontinuance, request a billing conference. Once a billing conference is requested, the executive director shall schedule the conference at the earliest reasonable opportunity for the consumer, and in no case more than ten days from the request. The consumer shall be given the option of having the conference in person or via telephone. (b) At the billing conference, the consumer may submit evidence, present and cross examine witnesses, and bring in an interpreter or representative to aid in presenting the consumer's case. The consumer shall have the right to see the corporation's records concerning the consumer's account, and the consumer shall have the right to a reasonable explanation for any matter concerning the proposed discontinuation of service. The executive director shall exercise impartial judgment in deciding the merits of the consumer's case. (c) The executive director shall be empowered to correct any billing errors and to make any necessary remedial acts, including a stay, to make a just and fair resolution of the matter. The executive director shall make a final written decision within three business days of the conference. The executive director's final written decision shall be the final decision of the corporation. [Eff OCT 2 3 2022 (Auth: HRS §201H-4) (Imp: HRS §201H-9) SUBCHAPTER 5 MISCELLANEOUS PROVISIONS §15-319-50 Interruption of water supply, suitability of water supply and pressure conditions. (a) The corporation 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 and to maintain 319-24 §15-319-50 pressure in its water mains, but will not be liable for any interruption, shortage, insufficiency of supply, fluctuation in, excess of, or lack of pressure, or any loss or damage occasioned thereby resulting from a cause not within the control of the corporation. (b) Whenever, in the corporation's sole judgment, special conservation measures are advisable to forestall water shortage and a consequent emergency, the corporation may restrict the use of water by any reasonable method of control. (c) The corporation reserves the right at any and all times to shut off water from the mains without notice in times of emergency for the purpose of making repairs, extensions, alterations, or for other reasons, and shall not be responsible nor liable for any property loss or damage incurred by the consumer due to such interruption of service. Consumers depending upon a continuous supply of water shall provide emergency water storage and any check valves, backflow preventers, or other devices necessary for the protection of plumbing or fixtures against failure of the pressure or supply of water in the corporation's mains. Repairs or improvements will be completed as rapidly as practicable and, insofar as practicable, at such times as will cause the least inconvenience to the consumer. The corporation shall not be liable or responsible for any damage to person or 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 a temporary shutdown. The corporation shall provide all consumers that are reasonably anticipated to be affected by any scheduled shut-off for repairs or maintenance work with at least one day's prior written notice of such shut-off. Such written notice may be made by the corporation by leaving printed flyers on the doors of the given consumers or, at the corporation's discretion, by mailing written notice to the given consumers at least three days prior to the scheduled shut-off. Any notice shall also include an advisory to take reasonable precautions against the failure or 319-25 §15-319-50 fluctuation in the pressure or supply of water that may result from such shut-off. (d) When the pressure of the corporation's supply fluctuates or is higher than that for which individual fixtures are designed, the consumer shall protect the fixtures by installing and maintaining pressure-reducing and relief valves. The corporation shall 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. The corporation shall not be responsible r maintaining pressure in its water mains. [Eff T 2 3 2022 ] (Auth: HRS §2 0lH-4) (Imp: HRS §201H-9) §15-319-51 Corporation equipment and facilities; damage; indemnification. (a) All equipment belonging to the corporation and installed upon the consumer's premises for service, measurement, testing, checking, or any other purposes shall continue to be the property of the corporation and may be repaired, replaced, or removed by the corporation at any time without the consent of the consumer. The consumer shall exercise reasonable care to prevent damage to meters and other equipment of the corporation upon the consumer's premises and shall in no way interfere with the operation of the same. (b) Any damage to mains, service connections, valves, fire hydrants, or other property of the corporation shall be paid for by the person or organization responsible for the damage. The consumer shall be liable for any damage to a meter or other equipment or property of the corporation caused by the consumer or the consumer's tenants, agents, employees, contractors, licensees, or permittees, on the consumer's premises, and the corporation shall be promptly reimbursed by the consumer for any damage upon presentation of a bill therefor. Any damage to corporation facilities shall be reported to the 319-26