Hawaii Administrative Code

(a) The operator of any geothermal well shall keep, or cause to be kept, a careful and accurate log, core record, and history of the drilling of the well, including: (1) Lithology and depths of formations encountered; (2) Cores; (3) Water-bearing and geothermal heat-bearing strat…

Within six months after the completion of any well or completion of any deepening, redrilling, plugging, altering, or abandonment work, the operator shall file with the department of land and natural resources in Honolulu, Hawaii, the following well reports on forms provided by t…

The operator of any well which is producing geothermal resources or by-products or is being used for injection purposes shall file with the chairperson on or before the thirtieth day after the end of each month a report on the amount of geothermal resources produced, sold, and us…

(a) Protection of the environment includes responsibility of the operator of any well to: (1) Conduct exploration, drilling, and development operations in a manner deemed necessary by the chairperson to provide maximum protection of the environment; (2) Rehabilitate disturbed lan…

Each application shall be accompanied by a non-refundable filing fee in the amount of $100. Notes Haw. Code R. § 13-183-9 [Eff. JUN 22 1981] (Auth: HRS § 182-14) (Imp: HRS §§ 182-6, 171-6)

Geothermal resource subzones may be designated within the urban, rural, agricultural and conservation land use districts established under section 205-2, Hawaii Revised Statutes. Only those areas designated as geothermal resources subzones may be utilized for geothermal developme…

Modification of the boundaries or the withdrawal of an existing designated geothermal resource subzone may be initiated by the board or by any property owner, State mining lease applicant, geothermal mining lessee, or person with an interest in real property that is within the de…

Geothermal development activities within a geothermal resource subzone shall be administered as follows: (1) The use of an area for geothermal development activities within a geothermal resource subzone shall be governed by the board, if such activities lie within a conservation …

As used in this chapter: "Appropriate county authority" means the county planning commission unless some other agency or body is designated by ordinance of the county council. "Board" means the board of land and natural resources. "Chairperson" means the chairperson of the board …

The establishment and regulation of geothermal resource subzones is intended to facilitate geothermal development activities in those areas of the State where such activities will serve, in overall perspective, the best interest of the State, premised upon the criteria set forth …

Beginning in 1983, and prior to the designation of any area as a geothermal resource subzone, the board shall first make or cause to be made a county-by-county assessment of those areas within the State which have potential for geothermal development activities. The methods to be…

In addition to designations initiated by the board, any property owner, State mining lease applicant, geothermal mining lessee, or person with an interest in real property may initiate an application for designation of any area with geothermal potential as a geothermal resource s…

The board, in designating an area as a geothermal resource subzone, shall be guided by the selection of those areas that can demonstrate an acceptable balance among the criteria set forth below: (1) That the area has potential for geothermal development activities; (2) That there…

An environmental impact statement as defined under chapter 343, Hawaii Revised Statutes, shall not be required in assessing any area proposed for designation as a geothermal resource subzone. Notes Haw. Code R. § 13-184-7 [Eff. SEP 6 1984] (Auth: HRS § 205-5.2) (Imp: HRS § 205-5.…

When the board or a qualified applicant proposes an area for designation as a geothermal resource subzone, the board shall hold a public hearing in reasonably close proximity to the proposed area and publish a notice of the public hearing setting forth: (1) A description of the p…

At the close of the public hearing, the board shall consider all the testimony and after deliberation make a decision to designate any portion, all or none of the proposed area or announce the date on which it will render its decision. The board may designate a proposed area as a…

The purpose of this chapter is to establish guidelines and procedures for consolidated geothermal and cable system development permitting. Consolidated permitting procedures are intended to coordinate and streamline permitting requirements of the diverse array of federal, state, …

(a) Applicants shall attach to the consolidated permit application form a preliminary statement of project costs. A filing fee varying with the statement of project cost shall accompany consolidated permit applications as follows: Project Cost Fee $0 - 999,999 $200 1,000,000 - 9,…

(a) In order to provide coordination amongst agencies to facilitate carrying out the consolidated permit application and review process, the department shall convene an interagency group comprised of representatives of federal and other permitting agencies whose permitting functi…

(a) The department shall select a working team known as the consolidated permit application and review team from members of the interagency group. Applicants shall designate a representative to be available to the consolidated application and review team for purposes of processin…

(a) Representatives of the State and county agencies participating on the consolidated application and review team shall sign a joint agreement committing them to meet and perform the following tasks for each project application: (1) provide a listing of all permits required for …

(a) Should administrative or procedural conflicts, as opposed to conflicts of authority, which are not treated in this chapter, arise that the consolidated permit application and review team cannot resolve, the conflict resolution process described in this section shall be implem…

Once all the required permits have been approved, the department shall commence monitoring applicants compliance with the terms and conditions of the permits for which the department has full and direct responsibility, including those issued pursuant to functions transferred to t…

(a) The department shall enforce compliance with conditions placed on reclassifications of district boundaries and terms and conditions of special permitted activities. (b) Whenever the department shall have reason to believe that there has been a failure to perform according to …

As used in this chapter: Act means the geothermal and cable system development permitting act of 1988, codified as chapter 196D, Hawaii Revised Statutes. Agency means any department, office, board, or commission of the State or a county government which is a part of the executive…

(a) For purposes of geothermal and cable system development projects and for those projects only, the following functions are transferred to the department: the functions of the land use commission related to district boundary amendments as set forth in section 205-3.1 et seq., H…

In order to carry out the intent of the Act, the department shall establish and administer a consolidated permit application and review process as provided in this chapter. The consolidated permit application and review process shall not affect or invalidate the jurisdiction or a…

Where the contested case provisions under chapter 91, Hawaii Revised Statutes, apply to any one or more of the permits to be issued by an agency for the purposes of the project, the agency shall, if there is a contested case involving any of the permits, conduct only one conteste…

The department shall monitor the processing of all permit applications under this chapter on an ongoing basis to identify inefficiencies, delays, and duplications of effort. Any alternative suggestions and recommended changes in procedures will be brought to the interagency group…

(a) The department shall operate a permit information and coordination center that will provide guidance to potential applicants for geothermal and cable system development projects with regard to permits and procedures that may apply to the project. The center shall be known as …

The department shall submit an annual report to the governor and the legislature on its work during the preceding year. The report shall include the status of geothermal and cable system development projects, any problems encountered, any legislative actions that may be needed to…

(a) The department shall provide applicants with a geothermal/cable development consolidated permit application form. The consolidated permit application form will be available during office hours 7:45 a.m. to 4:30 p.m. Monday through Friday, except holidays, at the following add…

Notes Haw. Code R. §§ 13-190-1 to 13-190-42 R FEB 20 2012

(a) In applying the remedial means provided for in this chapter, the department may in an emergency with its own forces, or by other means at its disposal, do any or all of the following: (1) Take full charge and control of any dam or reservoir; (2) Lower the water level by relea…

If any portion of these rules is found to be invalid, the remaining portion of the rules shall remain in force. Notes Haw. Code R. § 13-190.1-10 [Eff. FEB 20 2012] (Auth: HRS § 179D-6) (Imp: HRS § 179D-6)

No owner of a dam or reservoir shall impound water without a valid certificate of approval to impound water at the dam or reservoir. A certificate of approval to impound shall be valid for five years from the date of issuance, unless otherwise stated by the department, and provid…

(a) Every owner of a dam or reservoir that is a regulated structure as defined in section 13-190.1-2 shall file an application for a certificate of approval to impound. (b) All applications shall be submitted with supporting information as required by the department. (c) Each app…

(a) The board shall give notice to file an application for certificate of approval to impound to owners of dams or reservoirs known to the department, who have failed to file such applications as required by this chapter. (b) The notice provided for in this section shall be deliv…

(a) The department shall inspect the dams and reservoirs, unless the data, records, and inspection reports on file with the department are found adequate to enable a determination of whether or not the certificate of approval to impound should be issued. (b) The department shall …

The board may order the suspension, revocation, or restriction of any certificate of approval to impound, for any act or failure to comply with chapter 179D, HRS, these rules, or orders issued pursuant to chapter 179D, HRS, or with any of the conditions contained in or attached t…

Certificates of approval to impound water are not transferable from one person to another without written approval from the board; and: (1) The existing holder of the certificate to impound requests a transfer in writing to the department; and (2) The new or prospective dam owner…

As used in this chapter unless otherwise provided: "Alteration" means a change to an existing dam or reservoir from the originally approved construction plans and specifications or current condition. "Application approval" means authorization in writing issued by the board to an …

(a) No person shall construct, enlarge, repair, alter, or remove any dam or reservoir until a dam permit application form has been filed, approval of the construction plans and specifications is obtained from the board, and a written application approval is issued. Owners proposi…

(a) No person shall remove any dam, reservoir, or appurtenant works until written approval is obtained from the board. The application for removal shall include, but not be limited to, the following information: (1) The current height and storage of the dam; (2) The current hazar…

(a) The design engineer shall supervise the preparation of all plans and specifications for the initial construction, enlargement, alteration, repair, or removal of dams and reservoirs. (b) The observation of the construction shall be conducted by the construction engineer, as re…

(a) The permit application will be reviewed for compliance with the requirements provided in this chapter and in general accordance with standard practice for dam safety. If an application is incomplete or defective, it shall be returned to the applicant. The application shall be…

(a) The board shall consider the revocation of the application approval in whole or in part for any of the following: (1) Material false statement in the application or in any report or statement of fact required pursuant to this chapter; (2) Violation of this chapter; (3) Violat…