Wailea Resort wastewater capacity

A. The Wailea Resort will be credited one million gpd reserve capacity in the regional wastewater treatment plant, as a result of contributions to the design and construction of the regional wastewater system, less eight hundred fifty-four thousand five hundred gpd allocated for projects developed or proposed to be developed by Wailea Resort to date. The remaining reserve capacity of one hundred forty-five thousand five hundred gpd shall be set aside exclusively for the use by Wailea Resort, in accordance with the provisions under section 20.16.060 , as projects are ready to be developed in the Wailea Resort area and upon the availability of wastewater capacity at the regional wastewater treatment plant pursuant to subsection B of this section. 1. Wailea Resort will use the reserve capacity only for land which it own, leases, or subsequently acquires in fee or lease within the service area served by the South Kihei portion of the regional wastewater system, provided that the property acquired is part of a program to expand the boundaries or the operations of the Wailea Resort, or to comply with any future requirement of the county. 2. If Wailea Resort subsequently determines that any portion of its reserve capacity granted under this provision is not needed for the full development of its lands, then Wailea Resort shall offer the county the right, for thirty days, to purchase the excess reserve capacity. The purchase price shall be $2.30 per gallon based on the price per gallon paid by Wailea Resort, multiplied by the number of gallons being sold. If the county declines to purchase the excess reserve capacity, then Wailea Resort may sell the excess reserve capacity to any person or persons for use within the area served by the regional wastewater treatment system, pursuant to a wastewater assessment fee ordinance or similar type assessment that may be in existence, multiplied by the number of gallons being sold. If a wastewater assessment fee or similar type assessment has not been adopted at the date of sale, then the purchases price shall be $2.30 per gallon, multiplied by the number of gallons being sold, plus 10 percent per year from the effective date of the ordinance codified in this section. 3. Any sale of excess reserve capacity shall be used by the purchaser in conformance with the ordinances of the county at the time of sale. 4. A notice of sale signed by the Wailea Resort and the purchaser shall be filed with the county within thirty days after the sale. The county is not obligated to recognize any sale of any excess reserve capacity if not properly filed with the county or consummated without complying with these provisions. B. Upon the expansion of the regional wastewater treatment plant beyond six million gpd, or if a new wastewater treatment plant serving the Kihei-Makena area, including the Wailea Resort area, is constructed, or if a portion of the regional wastewater treatment plant capacity becomes available due to diversion of wastewater from the regional wastewater treatment plant to another treatment plant, any remaining reserve capacity of Wailea Resort shall then be allocated from the expanded or newly available wastewater capacity to the extent that such capacity is available. C. The county may require that either new transmission lines be constructed if no transmission line is available, or existing transmission lines or pump stations be upgraded if not adequate to serve the proposed development, or both. D. Notwithstanding any language herein to the contrary, Wailea Resort may obtain additional wastewater capacity in the regional wastewater treatment system by paying any applicable assessment fee provided in the wastewater assessment fee ordinance that may then be in effect. (Ord. 2262 § 3, 1993)