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MCC §20.28.040

How new sewer capacity is shared among developments

Read the official text at library.municode.com ↗

This section explains how the extra sewer capacity from the Wailuku/Kahului treatment plant is divided among new developments. It sets aside specific amounts for affordable housing, long-term housing, public uses, hotels, and other projects. It also says the county can change these amounts only by ordinance, and new developments must follow sewer fee rules.

condominium ownersdevelopershomebuyerslandowners

The ordinance, as written (Maui County) — Wastewater treatment facility expansion—Allocation of capacity

A copy, taken August 21, 2026. The version published by Maui County is the one that governs, and it may have changed since. Check it before relying on anything here.

A. The expansion capacity of the Wailuku/Kahului treatment facility shall be allocated to those applicants for new developments under the provisions of this chapter, in the order of building permit issuance. The one million six hundred fifty-three thousand gallons of expansion capacity shall be allocated as follows: 1. Affordable housing: three hundred forty thousand gallons per day (gpd); 2. Long-term residential housing: seven hundred sixty-seven thousand gallons per day (gpd); 3. Public/quasi-public uses: one hundred thousand gallons per day (gpd); 4. Hotels: seventy thousand gallons per day (gpd); 5. All other developments: three hundred seventy-six thousand gallons per day (gpd). Any changes in the above allocations shall be approved by the council by ordinance. B. In making this determination, where capacity is available and the development of the applicant next in line exceeds the available capacity, the director may in his discretion allocate such available capacities to later applicants in the order of permit issuance. Prior to making such a determination, the director shall allow the applicant, whose development exceeds the available capacity, thirty days within which to make adjustments to the development plans. If the adjustments bring the flow projections within the available capacity, the said applicant shall be allowed to connect to the extent of the reduced capacity. Should the development's wastewater flow demands not be reduced to thirty days, the director may proceed to allocate within the available capacity in the manner noted hereinabove. The formula for calculating additional capacity for developments other than long-term residential developments: DC - (ADF + RR) = capacity available for developments other than long-term residential developments. C. All new developments which utilize expansion capacity shall comply with the applicable terms of any sewer impact fee or assessment ordinance. (Ord. 2805 § 1, 1999: Ord. 2392 § 1 (part), 1994)
Read the official text at library.municode.com ↗as published Nov 21, 2025our copy taken Aug 21, 2026

Published by the County of Maui through Municode.

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.