Maui County officials say an order by the state Department of Health does not require the county to take over west Moloka'i's water and wastewater utilities.

Still, Maui County is obligated to assess what is needed to provide safe drinking water and sewage treatment services to more than 1,200 residents, who are currently being serviced by Moloka'i Ranch-owned utility companies. Moloka'i Ranch threatened to abandon those facilities at the end of the month, said the order, issued Thursday by a state hearings officer.

Working with various state departments and agencies, the county must provide a written assessment by Aug. 18, the order states.

Under the new order, Maui County must also work with state agencies to develop an emergency plan that will provide alternative drinking water and wastewater services should a crisis situation occur. The plan must be submitted by Aug. 25.

"We hope that with the state's assistance and intervention, water and wastewater services for the west end of Moloka'i will not be interrupted," Maui County Mayor Charmaine Tavares said in a news release.

The role of Maui County in providing water and wastewater services has been a subject of dispute in recent weeks.

An emergency order issued July 21 by the state Department of Health instructed Moloka'i Ranch to continue its services for 90 days, and instructed Maui County to prepare to assume those services thereafter.

Maui County deputy corporation counsel Jane E. Lovell, at a hearing in Honolulu on Wednesday, argued that the state did not have the legal authority to require that the county take over the private utility company's operations.

County representatives said they were pleased with the amended order, which did not specify who would assume responsibility for west Moloka'i's water and wastewater services.

State officials yesterday could not be reached for comment about the new order.

Tavares said she is "very gratified" by the ruling.

"The people of Moloka'i have been vocal in asking me to hold the company accountable. They have also asked that we continue to reach out to the state for assistance since regulatory agencies all along the way have been state agencies," she said.

Maui County will continue to prepare for a potential crisis, while remaining hopeful that "the Department of Health will uphold its order to Moloka'i Properties to continue operating beyond August 31," Tavares said.

Moloka'i Ranch representatives have repeatedly stated that the company will have no money to continue operations after the end of August. According to the county press release, hearings officer Thomas P. Rack has not issued a ruling in response to the company's protests.