from: ~----~---------- date: -t-, - , ) ~ ,-·-- file in: · 2018. 8. 2. · geothermal resource...

Rev. tl/90 '......,_.

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/

FROM: ______ ~----~---------- \ /

DATE: -t-, _-_ _,_)_~_,-·--

TO: INITIAL:

__ G. AKITA ___ L. Nanbu

E. Sakoda ---G. Matsumoto ___ E. Lau ___ L. Chang ___ Y. Shiroma

___ M. TAGOMORI ___ S. Kokubun

PLEASE:

_J)eeMe ___.L!ake Action By=----:-- Route to Your Branch

Review & Comment __ Draft Reply __ __ Acknowledge Receipt __ Xerox ___ copies

File Mail

FOR YOUR:

__ Approval __ Signature

Information

FILE IN: _________________ _

REMARKS:

- -,

'

i ,: ;_,;- ·c" /~! EH & L -, L .... ~i';~~;_;r--t~1CfH

HAND DELIVERED

Mr. Harry Kim, Administrator Civil Defense Agency 920 Ululani Street Hila, HI 96720

Dear Mr. Kim:

6720 • (808) 961-82!!8

Geothermal Resource Permit No. 2 Puna Geothermal Venture Emergency Response Plan. Version 6.0

Lorraine R. Inouye Mayor

Norman K. Hayashi Director

Tad Nagasako Deputy Director

January 23, 1992

We apologize for the late response to your request to review this version of the Emergency Response Plan. It was our understanding from our meeting of December 27, 1991, that revised sectrops were forthcoming and that we would have been able to comment on the combined documents. Nevertheless, we offer the following comments:

1. The document is organized to meet the broad subjects categorized in Condition 26 of the Planning Commission's Geothermal Resource Permit No. 2. Thus, we believe the breadth of coverage meets this requirement.

2. With regard to the depth of discussion, there were several discrepancies between the body of the document and its appendixes. More specifically, these dealt with air, noise and pentane descriptions and were largely referenced to the attached permits, which we believe have since been revised. The inclusion of "obsolete" permits in the appendix has caused great confusion.

3. The Emergency Notification Contact List on page 3-2 should include after hour numbers for the Health Department's Big Island personnel. We believe these numbers are currently being used.

Mr. Harry Kim January 23, 1992 Page 2

4. The review of the Emergency Response Plan Version 6.0 does not include the review of Geothermal Resource Permit No. 2. Any revision or amendment to this Permit is solely the authority of the Planning Commission.

Again, thank you for the opportunity to comment.

RKN 4292D

cc: Mayor Managing Director Murray Towill Bruce Anderson William Paty/

Sincerely,

VB-~~~ NORMAN K. HAYASHI Planning Director

: From HI'UA I I GEOTHERI"'' /CABLE Feb. 12.1992 09:27AM

\

92:073-20 DRAFT FOR GOVERNOR'S SIGNATURE

Honorable Andrew Levin Senator, First District The Sixteenth Legislature

February 17, 1992

23' South Beretania straat, Room 301 Honolulu, Hawaii 96813

Dear sanator Levin:

Thank you for your letter of February 6, 1992, relating to

funds for geothermal monitoring and enforcement.

I want to thank you for your support of my Supplemental

Budqet request for funds and positions for qeothermal monitoring

and enforcement commencing FY1992-l993.

Recoqnizinq that aotion is needed batora FY1992•1993 in

1991, I raloacad $1,656,848 of FY1991-1992 gonaral funde that had

beon "restricted" to the Depart111ent of Health and the Department

of Land & Natural R.eeouroea for thb purpose. These departments

have used the funds to hire temporary personnel, retain

consultants, pay exi&tinq staff tor overtime, interisland travel

so specialists baaed in HOnolulu can be used in Puna ana the

purchaaa of aquipPiant and auppliea.

The Department of ~sinaee, Economic DevelopPient & Tourism

is manaqinq the State Geothermal Compliance Officer funotion by

utiliminq exiatinq resources from its Hilo office,

P01

'

Frcrn HFIWR I I OEOTHERI""1 /CABLE

Senator Andrew Lavin February 17, 1992 Paqe Two

F~b. 12.1992 09:27 RM Pll2

I am confident that the above emergency measures I have

taken will ensure the safety and welfare of residents should

geothermal drillinq be resumed before the FY1992-1993 fundg are in

place.

With kindest regards,

Sincerely,

JOHN WAIHEE

bee: Hon. Murray E. Towill

II

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STATE OFFICE TOWER

235 S BERETANIA ST

HONOLULU. HAWAII96813

1992

The Honorable John Waihee Governor State of Hawaii Executive Chambers 235 s. Beretania St. Honolulu, HI 96813

The Honorable Lorraine Inouye Mayor County of Hawaii 25 Aupuni Street Honolulu, HI 96720

Dear Governor Waihee and Mayor Inouye:

The enclosed letter from the county Planning Department is meant to assure the community that "adequate air quality must be in place" before geothermal drilling resumes, in accordance with the conclusions of the Geothermal Task Force. So, too, "All recommendations covered by Element I must be fulfilled" and "the Emergency Response Plan must be updated, revised and accepted."

The Administration budget asks for funds in at least three different areas:

Health $669,916 for 7 positions

DLNR $420,000 for 3 positions

DB EDT $ 90,000 for 2 positions

Assuming that money is approved, it will not be available until July lst and it will probably take many additional months before it is spent and e.g. compliance officers hired.

Question: How can drilling this money is spent and the "in place"?

May I please hear from you.

Very truly yours,

<-->-~ ANDREW LEVIN Senator, First District

AL:CSY Enc.

be allowed to commence until protections it will buy are

FOR: __ ~ttfi.!(Umltl1l)atton lrecutreGl

APPrcortate attenttcn

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~our tnfarmtton/flle V Dnlf"t replY tor Governor's stopnure

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1~-B- n , .. ;·1 1

Planning Department 25 Aupuni Street, Room 109 • Hilo, Hawaii 967'20 • ~8081961-8288

Ms. Luana Jones P. o. Box 2092 Pahoa, HI 96778

Dear Ms. Jones:

February 4, 1992

Geothermal Resource Permit No. 2 Puna Geothermal Venture CPqy>

Lorraine R. Inouye Moy<>•

Norman K. Hayashi Ol~tor

Tad Nagas.~ko Deputy Director

We have received your letter of January 14, 1992, transmitting a copy of your petition dated June 24, 1991. As Mayor Inouye has indicated, the County's representatives have been working with the State on a State - County Geothermal Task Force to evaluate the blowout of June 12, 1991.

The Geothermal Task Force upon reviewing reports prepared by an investigative team concluded that the following tasks had to be met prior to the resumption of any drilling of geothermal wells at the PGV site: -

1) All recommendations related to drilling activity covered by the Element I report must be fulfilled.

2) The Emergency Response Plan must be updated, revised and accepted.

3) Adequate air quality and noise monitoring and enforcement capability must be in place.

The Department of T. .. lnd and Natural ·Resources has recently approved a revised Plan of Operations for PGV which includes all of Item 1 above. Similarly, the Department of Health has issued revised permits for PGV's welltield and powerplant activities. The Civil Defense Administrator is reviewing a revised Emergency Response Plan. We believe the issues you raise to have been addressed by the respective agencies.

I

Ms. Luana .Jones February 4, 1992 Page 2

I appreciate receiving your input. Please continue to feel free to contact me.

RKN:smo 43740 cc: Mayor

Managing Director Harry Kim, Civil Defense Senator Levin

Sincerely,

V\n, .'\..J \ ·\, • v--- , N~~ HAYASHI Planning Director

From H~A II GEOTHEA~""'-"CA!l..E Feb. 12.1992 B9:27 AM PB3

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STA TI: O~FICE TOWER

l35 S. aEAETANIA ST

HONOLULU. HAWAII96813

February 6, 1992

The Honorable Johp Waihee Governor state of Hawaii Executive Chambers 235 s. Beretania St. Honolulu, HI 96813

The Honorable Lorraine Inouye Mayor County of Hawaii 25 Aupuni Street Honolulu, HI 96720

Dear Governor Waihee anq Mayor Inouye:

The enclosed letter from the County Planning Department is meant to azu,ure the community that "ad.eque.te air quality must be in place" before geothermal drilling resumes, in accordance with the conclusions of the Geothermal Task Force. So, too, "All recommendations covered by Element I must be fulfilled" and "the Emergency Response Plan must be update~, revised. and ~t.ecept:ed."

The Administration budget asks for funds in at least three different areas:

Health

DLNR

DB EDT

$669,916 for 7 positions

$420,000 for 3 positions

$ 90,000 for 2 positions

Assuming that money is approved, it will not be available unti~ July lst and it will probably take many additional months before it is spent and e.q. compliance officers hired.

Question: How can drilling be allowed to commence until this money is spent and the protections it will buy are "in place"?

MaY., I please hear from you.

Very truly yours,

c:::'"''r'~ ANPREW LEVIN Senator, Firgt District AL:CSY Enc.

to: ;:rocror.L~WPas.t~~~ozl I'WiliE co;ullti\Jt •llfll>YJt-

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Rev. 11/90 <;ION OF WATER RESOURCE MA' ':iEMENT /"

FROM: ________ }_~--(~~~------..

DATE: )/ / L J .,.,FILE IN:---------------

TO: INITIAL:

____ G. AKITA ___ L. Nanbu

____ E. Sakoda ____ G. Matsumoto ____ E. Lau ___ L. Chang ___ Y. Shiroma

___ M. TAGOMORI ___ S. Kokubun

PLEASE:

See Me __ Take Action By __ ~

Route to Your Branch _L_:_ Review & Comment __ Draft Reply __ __ Acknowledge Receipt __ Xerox __ copies

File Mail

FOR YOUR:


Information

REMARKS:

C.· rv ~ .. ~~ • I -.j~· ,--.__-, .. '-'- v·

~ .

'\;) PUNA GE01 dERMAL VENTUAE A Hawaii Partnership

January 30, 1992

MEMORANDUM

FROM: Maurice Richard Vice President Puna Geothermal

Subject: Progress Report

*****************************************************************

On Friday, January 17, 1992, Puna Geothermal Venture (PGV) was given the go-ahead by the County Planning Director to service test the power plant. The 15-day test began Tuesday, January 21 and will continue through the first week of February. Engineers are using non-geothermal steam, produced by a mobile, dieselfired generator. As expected, this activity is proceeding smoothly. If during this period, you would be interested in observing how the units get synchronized to the grid, please call David Berube, the plant's General Manager, to arrange such a visit. Mr. Berube may be reached at 961-2786.

With respect to the permitting, PGV submitted the modified Emergency Response Plan to the civil Defense Agency (CDA) on December 9, 1991. CDA responded on December 30 with comments which resulted in additional versions, with the latest being delivered on January 23, 1992. PGV has been assured that, once the Emergency Response Plan is approved, the drilling suspension will be lifted and the Project's permits reinstated.

On an unrelated matter, an article appeared in the Hawaii Tribune Herald on January 17, 1992 regarding the Steamboat plant in Nevada. The article had some quotations from Nevada Court proceedings that took place in April and May, 1990. OESI Power Corp. had filed an action for injunctive relief in the state of Nevada Court, denying allegations by Far West Electric Utility Fund that OESI did not satisfactorily perform as operator of the Steamboat facility. In granting OESI the motion, the Court found that "no material breach of contract occurred after January 8, 1990. The Court finds that minor breaches occurred in reporting. The power plants produced at a high level at all times and Plaintiff's operation of the power plants was adequate. The Court finds that the plaintiffs met their burden of proving reasonable probability of success on the merits".

If you want more information on this particular case, please contact Frank Smith, OESI's General Counsel, at (702) 356-9111.

101 Aupuni Street. Suite 101~-B. Hi1o. Howaii 96720 • (808) 961-2184 • Facstmtk t808) 961-3531

•

Rev. 11/90 ~ DMSlON OF WATER RESOURCE MANAC.EMENT

( FROM: ________ ~~---------------

TO: INITIAL: ~ PLEASE:

DATE: }J vL __ G. AKITA ____ L. Nanbu

__ E. Sakoda ___ G. Matsumoto ___ E. Lau

L. Chang --- Y. Shiroma

/ '

__ M. T AGOMORI ___ S. Kokubun

See Me ___ Take Action By __

Route to Your Branch 7Review & Comment

___ Draft Reply __ ___ Acknowledge Receipt ___ Xerox __ copies

File Mail

FOR YOUR:

~proval

___ ignature Information

FILE IN:------------

REMARKS:

PUNA GEOThERMAL VENTUR.b A Hawaii Partnership

January 30, 1992

MEMORANDUM



- •-'-

*****************************************************************

On Friday, January 17, 1992, Puna Geothermal Venture (PGV) was given the go-ahead by the County Planning Director to service test the power plant. The 15-day test began Tuesday, January 21 and will continue through the first week of February. Engineers are using non-geothermal steam, produced by a mobile, dieselfired generator. As expected, this activity is proceeding smoothly. If during this period, you would be interested in observing how the units get synchronized to the grid, please call David Berube, the plant's General Manager, to arrange such a visit. Mr. Berube may be reached at 961-2786.

With respect to the permitting, PGV submitted the modified Emergency Response Plan to the Civil Defense Agency (CDA) on December 9, 1991. CDA responded on December 30 with comments which resulted in additional versions, with the latest being delivered on January 23, 1992. PGV has been assured that, once the Emergency Response Plan is approved, the drilling suspension will be lifted and the Project's permits reinstated.

On an unrelated matter, an article appeared in the Hawaii Tribune Herald on January 17, 1992 regarding the Steamboat plant in Nevada. The article had some quotations from Nevada Court proceedings that took place in April and May, 1990. OESI Power Corp. had filed an action for injunctive relief in the state of Nevada Court, denying allegations by Far West Electric Utility Fund that OESI did not satisfactorily perform as opera~or of the Steamboat facility. In granting OESI the motion, the Court found that "no material breach of contract occurred after January 8, 1990. The Court finds that minor breaches occurred in reporting. The power plants produced at a high level at all times and Plaintiff's operation of the power plants was adequate. The Court finds that the plaintiffs met their burden of proving reasonable probability of success on the merits".


101 Aupuni Street. Suite lOl-l-B. Hila. Hawaii 96720 • 1808) 91il-2l84 • Facsimile !808) 961-3531

Rev. 11/90 DIVISION OF WATER RESOURCE MANAGEMENT

\ /'' \ /\_. h ( DATE: " '- _ FILE IN: FROM: <e:s::::: \ -------

' i.· -~ ·' TO: INITIAL:

__ G. AKITA __ L. Nanbu

__ E. Sakoda __ G. Matsumoto

E. Lau --L. Chang __ Y. Shiroma

j~

PLEASE: ~- . '

'·:. ' .- \

\ See Me

_ Take Action By=:-----:-Route to Your Branch

~eview & Comment _Draft Reply _ _Acknowledge Receipt ,).J'fL

REMARKS:

_Xerox __ copies /J~

~!~1 -~ /JL ~ -/4 ~ AL • /,J,, /h.._ ~ I? ot{."-r ~~ ' ~ /V r . ...-- v~, udl 4-FOR YOUR:

_Approval _Signature

Information

3 n< n ~ ( I A-e , _--r .

~~'jf&-V~~

·rr~·7f~

December 11, 1991

Mr. Norman Hayashi Planning Director County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720

Dear Mr. Hayashi:

3

·- ' : i:'"[:) ? 'f. - -i i ..... !\ ,_,

:_, ,,_j~_.,_·.e-·.-_;--·{J~T

Subject: Geothermal Resource Permit No. 2 Puna Geothermal Venture Project

As you are aware, the State of Hawaii, county of Hawaii, and Puna Geothermal Venture (PGV) have met on a regular basis since the release of the Geothermal Management Plan (GMP) to address issues of concern. As a result of these meetings, and, in the spirit of cooperation and concern for the public safety and to reduce the project impact of our neighbors, PGV has unilaterally agreed to commit to a number of changes in the project operations. PGV submits these commitments for your review and concurrence.

The PGV commitments will be adhered to in the completion, operation, and maintenance of the Puna Geothermal Venture Project. This project is permitted under the Geothermal Resource Permit (GRP) No. 2 issued by the Hawaii County Planning commission on october 3, 1989; the Authority to Construct Permit No. A-833-795 issued by the state Department of Health on February 6, 1990 and amended on March 16, 1990 and May 28, 1991; and the Authority to Construct Permit No. A-834-796 issued by the state Department of Health on February 6, 1989 and amended on March 16, 1990.

1. PGV commits to restrict future activities such as drilling, construction, operation, and maintenance of the facility to the existing disturbed areas indicated in Figure 1 (attached). Easements A and B (Figure 1) are temporary and will be revegetated and returned to the owner when construction of the facility is complete with the exception of the surface area and access roads for monitoring/water supply wells MW-1 and MW-3.

91199.021

December 3, 1991 Page 2

Additionally, PGV commits to terminate drilling activities on Wellpad F and will use this area for storage after completing the necessary plug and abandonment activities as required by the Department of Land and Natural Resources for well KS-7.

2. PGV commits to compensate residents within 3,500 feet of the property boundary in the case of unplanned venting events in accordance with the terms of the subject GRP. Such compensation will occur when H2S levels exceed 1,000 ppb (hourly average) outside the property line.

3. Upon adequate demonstration to PGV that one or more residents outside the criteria set forth in Item No. 2 above has been adversely affected by an unplanned venting event, and based on proof that said resident(s) experienced an exceedance of 1,000 ppb at the residence property line, PGV will participate and comply with an arbitration decision of said claim.

4. Consistent with the GMP and commitments from the Department of Health and Department of Land and Natural Resources, PGV commits to discontinue open venting or pipeline clean-out events. Future planned and abated events will comply with Condition No. 39 of the subject GRP.

5. PGV recognizes public safety as a priority objective. Consistent with the GMP, and as incorporated into the revised and approved Plan of Operations and Emergency Response Plan, PGV commits to adhere to the lower threshold noise and H2s levels. In line with these new guidelines, PGV commits to noise levels more stringent than Condition No. 24 of the GRP.

6. PGV concurs with the additional site inspections and monitoring by governmental regulatory agencies and will continue to work with all State and County departments in the spirit of cooperation and fairness to complete and operate this project.

91199.021

December 3, 1991 Page 3

PGV firmly believes these commitments remain within the framework of the conditions listed in the GRP issued on October 3, 1989, and have, in several instances, gone beyond what is required by the current GRP conditions to assure public safety.

Your expeditious acknowledgement of PGV's commitments is greatly appreciated. Your office can reach me in Hilo at 961-2184 if and when we can be of assistance on this or any other matter.

Sincerely,

Maurice A. Richard Vice President Puna Geothermal Venture

Attachment

91199.021

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EXf'INIATION '\, /~--+ PROOUCflON v· Oo _,L WEll (PROPOSED)

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PUNA GEOTIIERUAL VENTURE

WELL LOCATION MAP

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Cooper Industries Cooper Oil Tool Division 1238 A!;ce St LW!il A Woodland. CA 9569~ 916666-4144 Fax 916 666-5916

John D. Waihee Governor State of Hawaii State Office Tower, 16th Floor 235 South Beretania Street Honolulu, Hawaii 96813

Dear Governori

' II

::: r-~

3: jS_ ""' -COOPER -----------------------Cooper Oil Tool

2-3-92

I am a Sales Representative for Cooper Oil Tool, a major supplier of Geothermal Valves and Wellhead Equipment worldwide.

As a major contributor to Geothermal Development I would ask that you please don't tighten your Regulations so much that it will hinder Geothermal Development on the Island of Hawaii.

You may want to consider the fact that California and the West Coast has successfully and safely developed Geothermal Steam (Both dry and Hot Brine) for commerical use for over 30 years.

Thank you for your help in this matter. I look forward to supporting your Geothermal Development on the Island of Hawaii.

Best Regards, Cooper Industries Oil Tool Division

~'~'~ Sales Representative

~FOR:

__ tcmnent/Recalmeooatlon <reQuired> __ AoProortote attentton

__ Dtrect reDlY (CC/bcc: Govemorl __ '!'our 1nformtton/f1le

~Draft reply for Goverr.cr's stgnature __ Fall~ uo/r~un.

__ Submlt coDY of resi:onse (11' onv> __ Keeo enclosure(s) __ Return enclosure<s) __ Other

4) Sb.f.Y. <

DUE seven ><lrkli\o daYs frro fEB 1 D 1992 <If delay is enco~terecl In meet1!19 !usoens~ dote. oleose OOVlse by tele~ihane tumeClOt~iy)

In reoly, Dleose refer to: 0/1 · 6 7?- / 9

Cameron"-· W-K-M" Demco0 McEvoy~' Willis" Thornhill Crave~TM Wheeling Machine·· 013-lf

From HAWAIIGEOTHERMAL/OABLE Feb. 12.1992 09:23 Al1

92:073-19 DRAFT FOR GOVERNOR'S SIGNATURE

F@bruary 17, 1992

Mr. Rogor M. Ba~tian

Sales Representative Cooper Oil Tool 1238 Alice Street, Unit A Woodland, California 95695

Dear Mr. Bastian:

Thank you tor your January 28, 1992 letters to Murray E.

Towill and me, relating to the resumption ot geothermal drilling

in the PUna Di~trict.

The Director of Haalth1 Director of Bueinass, Economic

Dovalopmant & Tourismr and Chairman of the Department of Land &

Natural Resources and their staffs have been meeting reqularly

with county of Hawaii officials since Augu&t 1991 to develop, and

implement, a Geothermal Management Plan that will lead to the

resumption or drilling while ensuring that the heal~h and weltare

ot nearby residents are safeguarded,

The state and County have maintained an industrious pace of

meetings and are continuing to work toward resolving a few

critical issues that remain before development activities can

resume.

P02

I assure you that my staff and I are doinq everythinq we can

toward the immediate and aafa raaumption of geothermal dovolopmont

activity.

With kindest re9ards,

Sincerely,

JOHN WAIHI!E

bee: Hon. Murray E. Towill

• •

From : HI'UA I I GEOTHERI"AL ·~QBLE Feb ·~.1992 09:23AM ,,,"·· ','!,

eoopt11n~ ' o.._. 011 T .... Olvlolon 1ZlBAiioeSl. unit A Woodland, CA 95696 ~16866-•1••

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Fa• 916 B56-5916

.lohn o. lfaihee Governor state of Haw&li State Office Tower, 16th Floor 235 gouth Beretania Street Honolulu, Hawaii 96813

Dear Governori

~ Cooper Oil Tool

2-3-92

t am ~ Sales aepxeaentative for Cooper 011 Tool, a major supplier o£ Geothermal Valves and Wellhead Equipment world~ wide.

As a major contributor to Geothermal Davelopment I would aak that you pleao• don't tightan your Re9ulations ao much that it wJll hinder Caothe~mal Development on the Ial~nd of Hawaii.

You may want to consider the tact that California an~ the west Coast has auceeasfully an~ eafely develope~ Geothermal Steam (Both d~y an~ Hot Brine) tor commerical use for ov~r 30 years.

ThanK you for your help in this matter. I look forward to auppor~ing your Geothermal Development on the Ialand of Hawdi.

aeat 1\egarde, Cooper In~uatries Oil Tool Division

• fORI

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~a~ a~ _ tCIINI\l/bccnltnGar:tCII'I lttGulr~)

_ A®roorlole ottentlOil _ lire:ct ftl)h' ttc/~1 Gv"mori

Sales Repreaenta~ive lour lnfo"""lcnlftle 7_ JJrart rt~l)' ror liO'veroor•s 'Ltr.at\lrt

-- Foil .. "'""""'" _ Stmlt too\! Qf ncccnse tlf mr> __ tttPI tntlcsure(c)

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c•meron«" W·K·M"' Demc:o"' Mol!vo)f* wnns"" Tnornr.lll Craver~"' wnee.•na M&Cnlle"~

P03

JOHN WAIHEE

GOIIERNOR OF HAWAII

TO:

FROM:

SUBJECT:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

P. 0. BOX 621

HONOLULU. HAWAII 96809

February 10, 1992

WILLIAM W. PATY, CHAIRPERSON

BOARD OF LAND AND /'IATURAL RESOURCES

AQUACULTURE DEVELOPMENT PROGRAM

AQUATIC RESOURCES CONSERVATION AND

ENVIRONMENTAL AFFAIRS

CONSERVATION AND RESOURCES ENFORCEMENT

CONVEYANCES FORESTRY AND WILDLIFE HISTORIC PRESERVATION

PROGRAM LAND MANAGEMENT STATE PARKS

The Honorable Richard M. Matsuura, Chairman wmR RESOURCE MANAGEMENT

Senate Committee on Science, Technology, and Economic Development

William W. Paty, Chairperson Department of Land and Natural Resources

Senate Bill No. 2215, Relating to Geothermal Resources

The Department of Land and Natural Resources does not support the idea of allowing fines collected by the State as a result of penalties assessed against persons engaged in geothermal-related activities to be credited to the impacted county for mitigation purposes.

The Department believes that fines collected under agency programs should remain with the government body that administers the programs. That is, fines collected by state agencies should remain with the state and, likewise, fines collected by the counties should be kept by the counties for county use.

Accordingly, the Department does not support S. B. No. 2215.

JOHN WAIHEE

GOVEANOF\ OF I-lAWAII

TO:

FROM:

SUBJECT:

STATE OF HAWAII

DEPARTMENT OF LAND AND NATURAL RESOURCES

P. 0. BOX 621

HONOLULU, HAWAII 96809

February 10, 1992

WILLIAM W. PATV. CHAIRPERSON

BOAAO Of ~AND ANO NATUAAl AESOUACES

AQUACULTURE DEVELOPMENT PROGRAM

AQUATIC RESOURCES CONSERVATION AND



CONVEYANCES FORESTRY AND WILDLIFE HISTORIC PRESERVATION

PROGRAM LAND MANAGEMENT STATE PARKS

The Honorable Richard M. Matsuura, Chainnan wATER RESouRce MANAG'"'"'

Senate Committee on Science, Technology, and Economic Development

William W. Paty, Chairperson Department of Land and Natural Resources

Senate Bill No. 2225, Relating to Geothermal Royalties

Current law provides that royalties derived from geothermal activities administered by the State be apportioned as follows: 50 percent to the State, 30 percent to the county wherein mining occurs, and 20 percent to the Office of Hawaiian Affairs.

Under S. B. No. 2225, additional royalties will be given to the county. This additional amount would consist of 80 percent being taken from State's current 50 percent share. When added to the county's current 30 percent share, this would result in 70 percent of the total royalties being given to the county.

The Department believes that royalty payments deriving from geothermal mining leases should remain with the State and be applied to the continuing administration of its public lands and related resources. We would recommend that the present 30 percent royalty share to the county be retained, but that the Bill be amended to require that such county share be used to provide health and social services and infrastructure needs to the specific judicial district where geothermal resource mining has taken place.

The Department does not support S. B. 2225 as presently drafted.

Rev. 11/90 t:•w l OF WATER RESOURCE MANAC 'ENT

FROM: ----4~-IP/"-..._~=,.J..---TO: INITIAL:


__ E. Sakoda __ G. Matsumoto __ E. Lau __ L. Chang __ Y. Shiroma

PLEASE:

DATE: FILE IN:---------

REMARKS:

DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM

JOHNWAJHEE Govemo<

MURRAY E. TOWILl. o;-..,

BAIIIIAIA KIM STANTON o-nv 0<8C101'

lliCKEGG£0 DecutV Direcror

TAKESHI YOSHIHAIA 08ourv Dl'ectoc

ENERGV DIVISION. 335 MERCHANT ST .. RM. 110. HONOLULU, HAWAII 96813 PHONE: (808) 548-4080 fAX: (808) 531·5243

February 5, 1992

MEMORANDUM

TO: Manabu Tagomori Department of Land & Natural Resources

FROM: Maurice H. Kaya Energy Program Administrator

SUBJECT: Addenda to GeothermEx's "Draft Interim Report: Evaluation of Geothermal Resources, Status of Exploration and Information Sources"

:.-.~· J

,,,.,'

We sent you one copy of subject report in December. We have recently received the attached addenda to the report. (For information, the report is dark brown spiral bound, light brown cover, about 3/4 inch thick.)

MHK/GOL:js:303

Attachment

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GeothermEx, Inc. 5221 CENTRAL AVENUE RICHMOND, CALIFORNIA 94804-5829

(510) 527·9876

CABLE ADDRESS GEOTHERMEX TELEX 709152 STEAM UD FAX (510) 527-8164

at temperatures as high as 680'F exist in a reservoir lying between the depths of 4,000 to 7,000 +feet. The Puna reservoir is one of the hottest in the United States; in fact, only three other geothermal fields in the U.S. (The Geysers, Salton Sea and Coso Hot Springs, all in California) have displayed such high fluid temperatures. All three of these fields now produce commercial power.

The field discovery well HGP-A was drilled in 1976 and supplied a 3 MW demonstration power plant from 1982 to 1989. Three other wells (Ashida 1, Lanipuna 1 and Lanipuna 6) were drilled at the margins of the known reservoir area by Barnwell Industries between 1981 and 1984. These wells were unproductive but they provide valuable subsurface temperature and geologic information, and one of them (Lanipuna 6) may be usable as an injection well.

Three wells were drilled and flow tested by Thermal Power Company between 1981 and 1985 (Kapoho State 1, 2 and 1A). Of the three wells, Kapoho State 1A was tested as a production well with a power capacity of about 3 MW (gross). The two older wells (Kapoho State 1 and 2) were originally capable of producing about 3 MW (gross) and 2 MW (gross), respectively, but were not usable because of mechanical (casings) damage.

This casing damage has been attributed to one of three causes: poor cementing in circulation loss zones; casing degradation due to unsuitable choice of casing grade (alloy); or parting of the casing at the buttress-threaded casing joint connections. After a major revision of the well completion program, a third well was drilled by Thermal Power Company (KS-1A). This well did not originally exhibit the casing problems found in the first two wells, but was subsequently damaged, probably by corrosion. Well KS-1A was plugged to protect the wellhead

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and may be reworked as an injection well. The mechanical problems of the Thermal power wells provide a useful history for future drilling design by developers.

During 1990-1991, the Puna Geothermal Venture (PGV) drilled three geothermal development wells, KS-3, 7 and 8. The technical data from these wells is not yet public. All three wells intercepted potentially productive targets in the geothermal reservoir. Well KS-3 is completed as a production well but may be converted into an injection well. Well KS-7 was drilled as an injection well but intercepted high pressure hot gas/steam at shallow (less than 2,000 feet) depth, and has been plugged back. The casing program of KS-7 was insufficient to allow conversion for production. Well KS-8 found high pressure hot steam at about 3,400 feet depth, but a blowout and uncontrolled release of H2S caused state and county agencies to withdraw (suspend) exploration and development permits in June 1991.

A tenth deep well, the True-Mid Pacific well, was drilled between 1989 and 1991. Although several legs were completed, one of which reportedly encountered high temperatures and some steam, no data from this well are publicly available.

Three holes (SOH-1, -2 and -4) were drilled as part of the State's Scientific Observation Hole (SOH) program in 1990-1991. The holes successfully proved that high temperatures occur for at least 1,500 feet northward from discovery well HGP-A and for several miles southwestward and northeastward from well HGP-A. The SOH holes were not permitted for flow testing. Injection tests indicate low permeability in the high temperature parts of the holes, except for one zone in SOH 2.

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The publicly available surface and subsurface data have been examined to develop a conceptual hydrogeologic model of the Puna reservoir. Subsurface temperatures increase to the NW and there is a strong horizontal temperature gradient; this indicates that thermal fluid is being channeled along steeply dipping structures generally paralleling the NE-trending KERZ and the 1955 eruption fissure within the KERZ. Temperatures appear to be developed symmetrically on both sides of the fissure. The resulting temperature pattern suggests that a horizontal component of flow is directed from SW to NE parallel to the trend of the KERZ. A strong horizontal pressure gradient parallels the temperature gradient, indicating relatively poor horizontal permeability in the NW-SE direction, and further supports the conclusion that flow is dominated by steep NE-trending structures.

Based on the structure of older rift zones exposed elsewhere in the Hawaiian Islands, it is probable that high permeability zones are related to fracturing during dike emplacement. The dikes, which form the rift zones, are individually from about one foot to tens of feet wide, dip from 90" to 70" and, in densely intruded areas, occur in clusters or are spaced only a few feet apart.

Hydrological studies and chemical analyses of fluids produced from the deep Puna wells indicate that the thermal fluid is a mixture of fresh water and sea water, with the sea water component apparently increasing to the SE, away from the fissure zone. This suggests that recharge to the system may be mainly meteoric in origin. Although various warm springs occur along the coast SE of the drilled area, the absence of large hot springs indicates that the system discharges in the subsurface. The basal ground water level is just above sea level, and an early exploration well found near-boiling temperatures at sea level just NE of the drilled area. The thin high temperature zone penetrated

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Geothermal exploration is presently at a near standstill in Hawaii. The State's SOH program as well as commercial activities have been halted after the June 12, 1991 uncontrolled flow (blowout) event at well KS-8. The SOH cores are now being organized for geological, geochemical and geophysical laboratory studies. Reports are in progress summarizing the initial lithologic studies of the three holes and consolidating the injection reports into a single reservoir engineering report.

PGV continues to attempt to have its permits reinstated. At such time as PGV may go forward, it apparently will complete and test well KS-8 for production, workover and test wells KS-1A and KS-3 for injection and drill additional production and injection wells to supply its power plant.

The other active operator, True Geothermal, appears to have suspended activity as the result of failure to obtain additional permits.

Sources of information for this report are published documents and reports from public institutions and industry, as well as nonconfidential data from geothermal exploration by public institutions and industry. The principal sources of information are shown in the list of references. Data are still being processed from the SOH holes and additional data from private developers is anticipated to become available as the State's period of confidentiality, one year after submission of data, expires.

The State would be greatly benefitted by expediting acquisition of data from well drilling by operators. The operators should send data from all drilling, testing and laboratory studies, with complete

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the reserves of the possible areas of the Hawaiian Islands other than the KERZ.

2.2 Sources of Information and Methodology

The data for KERZ resource area come from a variety of sources. The primary source is originally proprietary data from the Thermal Power wells, including drilling data, lithologic data, downhole temperature and pressure data, well test data and fluid chemistry data. These data have subsequently become public information according to State of Hawaii regulations.

Data from Barnwell's Lanipuna wells, similar to the well data described above, have also been used for this study. These data were submitted to the State of Hawaii and are therefore also public information. Data from the HGP-A well and demonstration power plant have been published in many reports and papers since it was drilled in 1976; these were also used in our analysis.

During 1990-1991, data from the SOH wells became available. This includes drilling information, some lithologic data from the cores, downhole temperatures and injection test information. GeothermEx was contracted by the Hawaii Natural Energy Institute (HNEI) and Electric Power Research Institute (EPRI) to design and conduct the injection tests, collect, process and interpret the data. As part of this project for DBED, GeothermEx has examined the cores and reviewed the geological interpretations of the HNEI investigators.

In 1991, certain information was received from well KS-8 which

is still confidential. This information is not included herein;

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3. STATUS OF EXPLORATION

3.1 Drilling History

The Puna geothermal reservoir has been proven by nine deep wells drilled by Thermal Power Company, its successor (PGV) and others. Hot water and steam at temperatures of up to 680•F exist in a reservoir lying generally between the depths of 4,000 to 7,000 feet. Wells KS-7 and KS-8, drilled by PGV in 1991, may have found geothermal resources at shallower depths (1,800 feet and 3,400 feet, respectively) but test measurements are not yet available. The Puna reservoir is one of the hottest in the United States; in fact, only three other geothermal fields in the U. S. {The Geysers, Salton Sea and Coso Hot Springs, all in California) have displayed such high fluid temperatures. All three of these fields now produce commercial power.

The field discovery well HGP-A was drilled in 1976 and has supplied a 3 MW demonstration plant from 1982 to 1989. Three other wells (Ashida 1, Lanipuna 1 and Lanipuna 6) were drilled by Barnwell Industries between 1981 and 1984. These three wells proved to be unproductive, but provide valuable subsurface temperature and geologic information. Temperatures in excess of 685•F were measured at the bottom of Lanipuna 1; temperatures of sso·F were measured at the bottom of Ashida 1. Neither well could sustain flow. Lanipuna 6 was comparatively cold (250.F), but may be usable as an injection well.

Three wells were drilled and flow tested on the Puna lease by Thermal Power Company between 1981 and 1985 (Kapoho State 1, 2 and 1A). Of the three wells, Kapoho State 1A was available as a production well with a power capacity of about 3 MW (gross) but later was damaged. It

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may still be a useful injection well. The two older wells (Kapoho State 1 and 2) are no longer usable because of mechanical well damage; however, these two wells were originally capable of producing about 3 MW (gross) and 2 MW (gross), respectively.

Three cored holes (SOH-1, -2 and -4) were drilled as part of the State's Scientific Observation Hole (SOH) program in 1990-1991. The purpose of these scientific observation wells of the HNEI of the University of Hawaii, is to define and delineate zones with anomalously high subsurface temperatures, and to characterize the lithologic and hydraulic properties of the zones into which they penetrate.

Well SOH-4 was the first well of the program. Located about 3,000 feet from the True-Mid Pacific drilling site, the well was completed on 20 May 1990 to a depth of 6,562 feet. Partial and total losses of circulation were observed during drilling. A maximum temperature of 557'F was measured at 6,400 feet depth.

Well SOH-1 was the second well drilled under the SOH program. Located approximately 2,000 feet north of the Puna Geothermal Venture (PGV) power plant site, the well was completed on 6 January 1991 to a total depth of 5,526 feet. During drilling, partial losses of circulation were encountered, mainly below 3,900 feet. The maximum temperature of 408'F measured in well SOH-1 indicates that the reservoir being investigated by PGV probably does not extend to the area where well SOH-1 is located.

Well SOH-2 was completed on 4 June 1991 to a depth of 6,802 feet. The well is located in the lower KERZ, approximately three miles northeast of well SOH-1 exploratory well. The maximum temperature measured in well SOH-2 on 6 June 1991, two days after the well had been

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drilled and prior to the injection test was 661'F. Both partial and total losses of circulation were recorded while drilling. The final well completions are shown in the downhole summary plots in Appendix A.

During 1990-1991, The Puna Geothermal Venture (PGV) drilled three geothermal tests, KS-3, 7 and 8. The technical data from these wells is not yet public. All three wells intercepted potentially productive targets in the geothermal reservoir. Well KS-3 is completed as a production well but may be converted into an injection well. Well KS-7 was drilled as an injection well but intercepted high pressure hot gas/steam at shallow (less than 2,000 feet) depth, and has been plugged back. The casing program of KS-7 was insufficient to allow conversion for production. Well KS-8 found high pressure hot steam at about 3,400 feet depth, but a blowout and uncontrolled release of H2S caused State and county agencies to withdraw (suspend) exploration and development permits in June 1991. Consequently, PGV's activities are at a nearstandst i 11 .

PGV continues to attempt to have its permits reinstated. At such time as PGV may go forward, it apparently will complete and test well KS-8 for production, workover and test wells KS-1A and KS-3 for injection and drill additional production and injection wells to supply its power plant.

The brief review of PGV's drilling and testing plans for its Puna leasehold presented herein is considered to be preliminary, because more information from testing well KS-8 and appropriate review of the plans. PGV originally estimated that as many as eight production wells, with productivity of about 3 to 3.5 MW each, would be required in order to supply steam to a 25 MW (net) power plant. It is speculated that

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wells such as KS-8 may produce as much as 10 MW each, drastically reducing the number of wells needed to supply the plant.

The injection requirement for the 25 MW (net) development is estimated to be approximately 1,400 gallons per minute. It is possible that two injection wells will be sufficient to dispose of all wastewater and non-condensible gases from the power plant. PGV intends to drill two injection wells and keep one on stand-by.

Between 1989 and 1991, True-Mid Pacific drilled a multi-legged well on its leasehold, located about eight miles WSW of the PGV drilling area. One of the legs may have intercepted a hot, permeable zone; however, no data are publicly available from this well, which is the tenth deep geothermal well in the KERZ.

3.2 Completion Details of Thermal's KS Wells

Wells Kapoho State 1 and 2 (KS-1 and KS-2), completed on the Puna lease during 1981 and 1982, were drilled and completed using similar techniques, depths and materials. Both wells were tested and developed similar problems during their early testing periods. Evidence of some type of casing failure was noticed during the first flow testing of each of the wells. Further evidence of casing leaks was obtained when the wells were quenched and temperature and pressure surveys were conducted, revealing casing damage at depths from 900 to 940 and 1,040 to 1,080 feet in well KS-1, and from 1,093 to 1,987 feet in well KS-2.

The depths of the 13-3/8-inch intermediate casing shoes are 903 feet and 1,313 feet in wells KS-1 and KS-2, respectively. Both wells had losses of circulation below the 13-3/8-inch casing shoe; the cement bond between the 9-5/8-inch production casing string and the formation

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was conducted, followed by a pressure buildup test. During this test, the flow rate stabilized at about 150 KPH at 150 psig wellhead pressure, a slightly higher rate than what had been measured in KS-1. In July 1982, a temperature survey indicated a casing leak at an approximate depth of 1,000 feet. Another flow test was conducted, despite of the casing leak, during the months of July and August 1982. During this testing period, the behavior of the well clearly showed it was being affected by the casing leak.

Well KS-1A was tested with a flash separator during October 1985. Temperature measurements performed during and after the test indicate a maximum temperature of 670'F at 6,500 feet (bottomhole). Unlike Wells KS-1 and KS-2, well KS-1A produced a mixture of about 82% steam and 18% water. The analysis of the flow data indicates that the well can produce approximately 3.4 MW. A spinner survey run during the test indicates that the well produces about 50% of its total volumetric flow from between 4,500 and 5,500 feet, while the rest is produced from zones below 6,300 feet. An injection falloff test and a build up survey at the end of the test were conducted in this well. The buildup data was affected by internal flow within the well. The injection falloff test indicated an injectivity index of the order of 1,100 lbs/hr/psi, which is considered average for a geothermal system of this type.

The SOH wells were not permitted for flow tests and consequently were tested for permeability by injection. Temperature surveys were conducted during injection and under static conditions.

In hole SOH-4, the maximum temperature of 577'F was recorded at 6,400 feet depth. Low permeability was indicated by a conductive temperature profile. In well SOH-2, the maximum recorded temperature is 661'F at 6,782 feet. Overall, the permeability is low; however, a

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GeothermEx, Inc. 5221 CENTRAL AVENUE RICHMOND. CALIFORNIA 94804-5829

(510) 527·9876 CABLE ADDRESS GEOTHEAMEX TELEX 709152 STEAM UD FAX (510) 527·8164

4. CONCEPTUAL MODEL OF THE GEOTHERMAL RESOURCE

4.1 Geologic Framework

The Puna geothermal field is located within the Kilauea East Rift Zone (KERZ) on the eastern side of Kilauea volcano (figures 1 and 2). The KERZ extends from Kilauea's central caldera in a 25-mile linear course to the NE coast of the Island of Hawaii, with a further 43-mile submarine extension. In the vicinity of the PGV lease, the rift is about 1.5 miles wide, as indicated by both surface morphology and aeromagnetic anomalies.

At the surface, the KERZ is marked by open fissures and lines of cinder and spatter cones. From knowledge of older rifts in the Hawaiian Islands, now exposed by erosion, rift zones in the subsurface consist of swarms of closely spaced, nearly vertical, and nearly parallel dikes. In the central part of a main fissure zone, the number of dikes ranges between 100 and 200 per mile of zone width, with a maximum of about 1,000 per mile. Individual dikes average approximately three to five feet wide. Along the length of the KERZ, including the Puna area, the most recently active fissures are located on the southern boundary of the dike complex which forms the rift.

Specific geologic information for the Puna field comes from the following sources:

a) surface geologic mapping and interpretation of air photographs;

b) geophysical surveys; and

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craters (figure 2), which parallel the fissure just to the SW of the offset, are old features with no record of historic eruptions.

4.1.2 Results of Geophysical and Geochemical Surveys

A number of government-funded geophysical surveys were carried out over the KERZ during the 1970s. These included gravity, magnetic, seismic, and a variety of electrical surveys, including DC resistivity (bipole-dipole and pole-dipole), EM (time domain, variable frequency inductive soundings and transient soundings), mise-a-la-masse and selfpotential (SP). Geophysical and geochemical surveys are discussed in Appendices B and C.

Of the many geophysical anomalies defined by these surveys, SP anomalies appear to be most closely associated with geothermal features, both in the Kilauea crater area, and in the KERZ. Indeed, the discovery well of the Puna field (HGP-A) was sited in part on the basis of a large SP anomaly located N of Puulena Crater (figure 2). The hole was not sited directly on the anomaly because a lease for an appropriate site could not be obtained. Subsequently, well Lanipuna 1, sited on the anomaly, was hot but dry.

An aeromagnetic survey of the KERZ was published by the United States Geological Survey (USGS) in 1986 (Map MF-1845-A). The survey shows a major discontinuity in magnetic anomalies corresponding to the location of the proposed offset fault. Assuming that the area of offset is a prospective zone of future development, however, the resolution of the magnetic survey is insufficient for selecting specific drilling targets.

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6. QUANTITATIVE RESOURCE EVALUATION

6.1 Analysis of Well Test Data

Ten deep geothermal wells and the three SOH wells have been drilled within or near the KERZ (figure 2). At least four of these wells have been commercially successful: HGP-A, Kapoho State 1 (KS-1), Kapoho State 2 (KS-2) and Kapoho State 1A (KS-1A). All but the first were drilled by Thermal Power Company. Well HGP-A supplied a 3 MW demonstration plant from 1982 to 1989. Wells Lanipuna 1, Lanipuna 1 ST and Lanipuna 6, drilled by Barnwell, were unsuccessful and appear to be located outside the productive geothermal reservoir although Lanipuna 1 and Lanipuna 1 ST were drilled into zones of high (>500'F) temperatures. Wells KS-3, KS-7 and KS-8 have insufficient flow test data reported to be evaluated at this time. No well test data are available from the True-Mid Pacific well. The SOH wells were not tested for production capacity.

Of the three wells drilled by Thermal Power Company, all are probably not usable because of mechanical well damage; however, the well test data evaluated herein were obtained from the three Thermal Power Company wells and HGP-A.

6.1.1 Well Kapoho State 1

Well KS-1 was completed on November 10, 1981 to a total depth of 7,920 feet. The downhole summary plot for the well can be found in Appendix A; this plot includes well completion details and available temperature and pressure surveys. Although the temperature surveys probably do not reflect true rock temperatures at the indicated depths,

6-1

Rev. 11/90 DIVISl"N OF WATER RESOURCE MANAGEMENT -""·

_.,// 1."/ FROM: ___ ~~~~------------- DATE:~·) ______ _

TO: INITIAL:

____ G. AKITA ___ L. Nanbu

___ E. Sakoda ___ G. Matsumoto

E. Lau ---- L. Chang ___ Y. Shiroma

-c;;;kd

____ M. T AGOMORI ___ S. Kokubun

PLEASE:

See Me __ Take Action By=---:

Route to Your Branch Review & Comment

__ Draft Reply __ __ Acknowledge Receipt __ Xerox ___ copies

File Mail

FOR YOUR:


Information

FILE IN: ------------------

REMARKS:

( ,~, .- ""i \_ -..:J

-r· .-: '· ;_t-:\ -/ •"\ A· • ~

\ !..- I •

P' !A GEOTHERMAL VEj\ ·~uRE A Hawaii Partnership

January 30, 1992

MEMORANDUM



*****************************************************************

On Friday, January 17, 1~92, Puna Geothermal Venture (PGV) was given the go-ahead by the 5 County Planning Director to service test the power plant. The,..lS-day test began Tuesday, January 21 and will continue through. the first week of February. Engineers are using non-geothermal steam, produced by a mobile, dieselfired generator. As expected, this activity is proceeding smoothly. If during this period, you would be interested in observing how the units get synchronized to the grid, please call David Berube, the plant's General Manager, to arrange such a visit. Mr. Berube may be reached at 961-2786.

With respect to the permitting, PGV submitted the modified Emergency Response Plan to the Civil Defense Agency (CDA) on December 9, 1991. CDA responded on December 30 with comments which resulted in additional versions, with the latest being delivered on January 23, 1992. PGV has been assured that, once the Emergency Response Plan is approved, the drilling suspension will be lifted and the Project's permits reinstated.

On an unrelated matter, an article appeared in the Hawaii Tribune Herald on January 17, 1992 regarding the Steamboat plant in Nevada. The article had some quotations from Nevada Court proceedings that took place in April and May, 1990. OESI Power Corp. had filed an action for injunctive relief in the state of Nevada Court, denying allegations by Far West Electric Utility Fund that OESI did not satisfactorily perform as operator of the Steamboat facility. In granting OESI the motion, the Court found that "no material breach of contract occurred after January a, 1990. The Court finds that minor breaches occurred in reporting. The power plants produced at a high level at all times and Plaintiff's operation of the power plants was adequate. The Court finds that the plaintiffs met their burden of proving reasonable probability of success on the merits".


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7 APProtrtlte attentton -- Dtre<t miY tcclbCt: GoYemOrl

tour lnfermtlonlflle lruft miY fDt 61rttmor's s\gnQt~r~

Fell• ~~rt ~It ..,. ef f1110Cf1U Uf CI1Y)

KMP ..:lnun!tSl

Return en:tosurthl

'""' -~,;!It ce.so DUE seven .aru~ rm7rra~ fEB 0 4 1992 tlf oetcY Is encotl'ltertd In ~~~tetll'lll susoense Oate, Dltose OGVIst DY teleow ~meO\attiYl In reolv. Please refer to:_, 1?61-C 7

Rev. 11/90 DIVT"ION OF WATER RESOURCE MAN.Ar.EMENT

FROM: ( \ I

\ DATE:--\--~----- '· FILE IN:----------' 7 ~--pi_EASE: · TO: INITIAL:


___ E. Sakoda ___ G. Matsumoto

E. Lau --L. Chang ___ Y. Shiroma

{ .

__ M. TAGOMORI ___ S. Kokubun

See Me __ Take Action By __ _ __ ,Route to Your Branch L Review & Comment __ Draft Reply __ __ Acknowledge Receipt __ Xerox __ copies

File Mail

FOR YOUR:


Information

REMARKS:

' ,. L_, .

r

PUNA GE01 _fERiYJAL VE1VTU.LE A Hawaii Parmership

January 6, 1991

Dr. Bruce Anderson, Ph.D. Deputy Director State Department of Health P.O. Box 3378 Honolulu, Hawaii 96801

SUBJ: NOTIFICATION OF COMMENCEMENT OF BOILER OPERATIONS

Dear Dr. Anderson,

As per Condition #8 of the ATC No. A-1017-901, Attachment I, Puna Geothermal Venture (PGV) would like to inform you that we will commence the operation of the trailer mounted package warertube boiler on January 13, 1992.

If you have any questio s please call

IWJlJL

TK/cd

cc: J. Lewin, DOH P. Aki, DOH

; M. Tagarnori, DLNR N. Hayashi, HCPD File: 14.4.6

(21089F/cd)

J-l.-_;xoo K:.1coho PJhoa Rn:.td. P:.~hoa. H:..~w:.tii l)fJ77X • I~OX) IJOI-27XO • F:.1~simil~ ~~OR) 93.5-5562 · Pns[ Office Box 13~7. Hilo. Hawaii I.J0721-!_;_;7

P'UNA GEOT.u.ER1V1AL VENTUA.---:.: A Hawaii Parmership

January 6, 1992

Mr. William Paty, Chairperson Department of Land & Natural Resources P.O. Box 621 Honolulu, Hawaii 96809

SUBJ: UTILIZ.-1. TION OF P .-I.CK..\GE STEAM BOILER FOR SERVICE TESTING OF POWER PLANT

Dear Mr. Paty,

.-\.s per the attached Authority to Construct (.-\.TC) No . .-\.-1017-901, approved by the Depanment oi Health on December 30, 1991, we would like to inform you of our intent to utilize a package ste3.m boiler for service testing oi our power plant and gathering system.

If you have any questions, please cill.

chard Vice P .esidenr

TK/cd

Attachment

cc: 0. Nakano, DLNR '<vL Tagamori, DLNR

E. Tanaka, DLNR N. Hayashi, HCPD B. Anderson. DOH File: 1+.4.6

(2109!F/cd)

1-+-_iROO K~C~oho P:1hoa Ro:.tt.L Pahoa. Hawaii •lo//X • 1 ~OX) 961-27X6 • Facsimile OWX) 935-5562 . Post Ofti1.:c Box l3Yi. HihL H:l\vaii 1)07~1-1.3.37

p·uLYA GEOT~ ... ERNIAL VENTUA..-J A Hawaii Parrnership

January 6, 1991

Dr. Bruce Anderson, Ph.D. Deputy Director State Department of Health P.O. Box 3378 Honolulu, Hawaii 96801

SUBJ: NOTIFICATION OF COMPLETION OF INSTALLATION (ATC NO. A-1017-901)

Dear Dr. Anderson,

Puna Geothermal Venture (PGV) would like to inform you that we have completed the installation oi the trailer mounted package watertube boiler as per ATC No. 1-1017-901.

If you have any questions, please call.

TK!cd

cc: J. Lewin, DOH P.Aki,DOH

iJ'vf. Tagamori, DLNR N. Hayashi. HCPD File: 14.4.6

(21088F/cd)

1-l-.'XIiO K"ooho Pohoo R,lad. Pohoo. Howaii 067/X • ISOH) ~61-2736 • Focsimik t80X) 935-5562 . Pl1sr Oflkc So.~ 1.1.37. Hilo. Hawaii 96721- U37

. - ..

··c~~~ih'c~.-,.,.{;;;:;0:~'J:~·""i;j•f:ififiiJJE~q§,_:,,i,:~"~!jjjj·~~i<;·~i'~~:ii~~l£i~~ii~~;~:;,I;,~·~'~:i:,:•.-~.i;.i;.~~·;

PUNA GEOTE ?RNIAL VENTUR~ A Hawaii Parrnership

January 6, 1992

Dr. John C. Lewin, M.D. Director of Health State Department of Health P.O. Box 3378 Honolulu, Hawaii 96801

SUBJ: APPLICATION FOR PER..'v!IT TO OPERATE STEAM BOILER

Dear Dr. Lewin,

Puna Geothermal Venture (PGV) hereby submits the attached application to operate a steam boiler for service testing our geothermal power plant which was approved under ATC NO. A -1017-901.


TK/cd

Attachment

cc: B. Anderson, DOH P. Aki, DOH

, N. Hayashi, HCPD ' . " M. Tagamori, DLNR

D. Berube, PGV T. Kizis, PGV File: 14.4

(21094F/cd)

l-+-3X60 K:..J.ooho P:.1ho:.1 Ro;.1J. P:.1hoa. Hawaii 9077~ • U~mn t)fd-2:-So · Facsimilt: !XOX) 935-5562 · Pnsr Ofticl.! Box 1.337. Hilo. Hawaii 90i::!.!-!.337

Oepar-::::e:.-: c7 :-:~= i Stat2 cf :-:c.•,o~ai~

X

--:-:--; 1 :,:,;-.:

-- -,-

;-~ ·~ ............ -___ _ :J- A-10

.=:. -~ .. -~ I - • ' ',._

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c/o ~.rr.cr: VIII Cor?Oraticn

c-

0.

~ r.

G.

\I~.-- . ,, c. ..• -;::.

- - ' 1 e te~tlcr.::::

No ( s ) . :

----.. :, 101 Au~uni St=eet, Suite 1014-3, Hila, 2awaii 96720

- ' ' . ...,, c::: l ~c.:.:.::

Vice ?:=:-esiCe!'lc

101 ~~~uni St=eet, Suite 1014-a, Hila, Eawaii 96720

(808) 961-2184

A-1017-901

faci7ity c~r~ently operatfn~ un~sr PTO No(s).: N/.:1.

14-3860 KaFohc-?ahoa Road, Pahoa

Hawaii 96778

FOR,'1 AS-?-3 or

-~·· .~

.i .

2.

~fr ~cl1ut~cn c:~:r:l ecuic~ent

Trailer Mounted Qackage Watert~e Baile~ N/A

:. '/ 2;; I r.g

.. .: _;....:.. :·. ''::1!\.o

0700 1900

D. If o;::c;~t~c:-: is sc::.scr.c1 cr irT":';uiar~, qescriCe: Fer aps;rcximately fiftee~

(15) cays cet·..;een l/13/92 and 3/l/92, •..;hile oper-ation may take [Jlace at

minimum ca[Jacity during hour-s other- than cec•..;een 0700 and 1900, PG'l will

ccm[Jly wi~~ all a[Jplicaele noise standar-es.

III. If only cwnersh~~ of facility has changed with no modification of equiprnent, give fo~e: nc~e and address of estab1ish~ent if different frcm Item I.B. above:

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FROM: AnJv I

TO: INITIAL:

E. LAU ~ L. Choo

E. Hirano A. Monden

__ II. Young A. Yim

__ Z. Agraan S. Lee K. Oshiro

. :r t' IN/\:: ~- -=-.:-"'-"---

cP(~ G. AKITA

L. Nanbu G. MATSUMOTO E. SAKODA L. CHANG Y. SHIROMA

M. TAGOMORI S. Kokubun

Rev. 11/90 PLANNING BRANCI I

Division of Water Resource Manageme1..~

DATE: -;2 /t.fi /dJj... I I

PLEASE:

See Me Call Review & Comment Take Action

__ Investigate & Report __ Draft Reply __ Acknowledge Receipt __ Type Draft __ Type Final cc: __ __ Xerox _ copies

FOR YOUR:


Information

FILE IN: --'·"':~,------..'-----

REMARKS:

I

JOHN WAIHEE

(>()V[RNOR OF HA.WA.II


BOA.fiD OF LA.ND A,ND NA.TUfiA.l RESOURCES


DIVISION OF WATER RESOURCE MANAGEMENT

Mr. Dan Lum, President Water Resource Associates 1124 Fort Street Mall, Suite 212 Honolulu, Hawaii 96813

Dear Mr. Lum:

P. 0. BOX 373


FEB 2 4 1992

Update the Hawaii Administrative Rules Entitled, "Chapter 13-183, Leasing and Drilling of

Geothermal Resources", and "Chapter 13-184, Designation and Regulation of Geothermal Resource Subzones"

DEPUTIES

MANABU T AGOMORI

AQUACULTURE DEVELOPMENT

PROGRAM AQUATIC RESOURCES CONSERVATION AND



CONVEYANCES

FORESTRY AND WILDLIFE

HISTORIC PRESERVATION PROGRAM

LAND MANAGEMENT

STATE PARKS WATER RESOURCE MANAGEMENT

We are pleased to inform you that your fmn has been selected to provide geological services for the subject project.

A contract for these services will be sent to you shortly.

Should there be any questions on this matter, please call Mr. Gordon Akita of the Division of Water Resource Management at 587-0 7.

GA:lc

' ' '-


DIVISION OF WATER AND LAND DEVELOPMENT

Mr. Maurice A. Richard Vice President Puna Geothermal Venture 101 Aupuni Street, Suite 1014-B Hilo, Hawaii 96720

Dear Mr. Richard:

P. 0. BOX 373


HAR 9 1992

/jqd r, ,( _3

;\'') .,:P ;,>1'

DLNR Groundwater Well Monitoring Program

'WIWAM W P ... TY. CHAJRP~SON

BOARD OF LAND AND NATURAL FIESOURCES

DEPUTIES

JOHN P. KEPPELER U DONA L HANAIKE

AOUAC Ul T URE DE VELOPI.!EN T PROGRAM

AQUII.TIC RESOURCES CONSERVATION AND

ENVIRONMENTAL AffAIRS COttSERVATION AND

RESOURCES ENFORCEMENT CONVEYANCES FORESTRY ANQ WILDLIFE

I-IISTQRIC PRESUWATION PROGRAM

'5' A. Y[ PAR"'S

WA.YER AND LAND OEVELOPM['-IT

This is to advise you that this Department will be undertaking a Groundwater Well Monitoring program to take samples from water wells in the Puna area. This work will establish a baseline prior to PGV's recommencing geothermal drilling activities, and further monitoring will be done to chart any changes in groundwater characteristics.

I would appreciate your cooperation in this effort. Dr. Don Thomas of the University of Hawaii Institute for Geophysics and Co-Chair of the Geothermal Technical Advisoty Committee will supervise this study at the outset. Dr. Thomas' master's degree student, Ms. Elizabeth Novak, will be working on the project. On or about April 15, 1992 the Department will be hiring Ms. Novak to continue the project under DLNR funding.

An outline of the program is attached for your information. If you have any questions about the program please call e at 587-0214.

JS:cd

encl.

nv··'\ION OF WATER RESOURCE MArl' • t;EMENT

FROM: ---------t'k::-0£~ TO: INITIAL: PLEASE:

DA;;y 4-- FILE IN' ________ _

REMARKS:


E. Sakoda -- G. Matsumoto __ E. Lau __ L. Chang ___ Y. Shiroma

;,,.._,_/


See Me __ Take Action By

Route to Your B=-r_a_n_c~h __.:::::_ Review & Comment __ Draft Reply __ __ Acknowledge Receipt __ Xerox __ copies

File Mail

FOR YOUR:


Information

,.,___ ;" ~' ]..ci (.. J

·_: l c

;-_-:~!

'-= --'

MEMORANDUM

TO:

FROM:

SUBJECT:

DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM Central Ptclf~ Piau, 221l South King Strut, 11lh F~, Honolulu, HP•II M•lllng Addreu: P.O. Box 2359, Honolulu, Haw•ll9&804 Telephone: (808) SBI-2406 Fu: {808) 586-23n

February 19, 1992 I

The Honorable John Waihee

Murray E. Towill

PUNA GEOTHERMAL VENTURE (PGV) START-UP

JOHt-1 WAIH[l

BA~BARA KIM SIAN'!ON Deput,. ~e~le<

RICK tGG£0 Deou'Y O.eciC<

TAKESHI YOSHif.IARA Deputy D<oc•cx

At a meeting called by Harry Kim this morning which was attended by the Task Force staff and also by Mayor Inouye, we understand that Kim raised a number of issues which will require further time to resolve. According to Kim, he needs additional time to:

FOii:

a. Review DOH's response to consultant Goddard's stated concerns regarding the emergency response plan (ERP), and Kim's concern about lead in the water catchment systems;

b. Draft an SOP for notification in the event of an emergency and develop a plan to educate the public about it;

c. Give further consideration to a conditional approval for PGV to open up the well and test the emissions before giving a final approval. This will involve PGV submitting a chemical analysis followed by Kim's desire to have a confirming test done by an independent party.

There are several other actions of lesser importance which Kim claims must be taken before he is satisfied. He estimates that he will need two weeks to accomplish everything to his satisfaction. The Mayor requested that he do it within one week.

tcrm~C~~tl~tton treautrtel

_:L_ ADDroortau atuntlon _Direct reo\Y tt~: iOYen'IDrl

_Your tn1ormttonlflle

_ flroft ref)\Y for Governor's signature

Fo\ tow ~.&~~reDOI't = Sd:llllt COPY of teSDOnse Of II'JY)

~ZeD en.:.tosuretsl Retum entlasuretsl

""'' -"51>: sc,Q=[ DUE 5~ IIOrUnG alYS ft'CCI _FEB C 4 1992 (If oeiDY u enCOIIltered In ~~~eet\r.o sll!cen$e 13ate oieost aovtse DY telelll%~t: l~attiV) tn r~ty, otcse refer to: _-..;' · .=-E./

/0:3-0/

I

n2. 21. 92 02 56 PM *202-695-8743/SDIO/MN PO!

OEPA,.TMENT 0~ O!FENSI! STRATEGIC C)I,II:NSIINITIATIVa OftOANIZATION

WASHINGTON, CC Z010t•7100

feb 21 1992

TO: NAME Governor ~aihee FAA lltli!IIER I

PHON!! lltli!IIEII:

(BOB) 5B6-Q006

FROM: NAM!

COMMENTS:

N'lnOER OF :PAGES, tSCLt."CING COVD: _.::_3 __

CAROLYN J, ~H'IIIIAII SOI News O..ik (70.3) 69J-l77'l

FAA lltli!IIEIII

PHONE Nt.'I!BEII:

Attechcd, please find the letter and preRs release on the filing of the

draft ~nvironmcntal Impact State~nton the Strategic Target Syst@m. The

original le:tter will b~ nJa.iled to your offic.e,

I

0 2. ::: ; . 9) 02 55 PM * 202-695-8743/SD I 0/MN_P_Q,-"'3'------

PRESS RELEASE FOR DEIS NOA

STRATEGIC DEFENSE INITIATIVE ORGANIZATION (SDIO) TO COMPLETE !lRAFT E!lVIRO~'M>'N'l'AL IMPACT STATEMENT FOR STRATEGIC TARGET S~STEM PROGRAM

Xauai, HI--SDIO officials today filed the Draft Environmental Impact statement (DEIS) for the Strate9ic Target syste~ Program. SDIO, cooperatin9 with the u.s. Army Strategic Defense Command (USASOC), ~ha u.s. Navy and the Department of Ensrqy, prepared the DEIS.

Areas addressed ir. the EIS include air quality, public health and safety, biological and cultural resources, hazardous ~aterials ana wastos, land usa, and noise. The potential for socioeconomic impacts and cumulative effects for each of these areas have also been addressed.

In addition to comments raeeived durinq the seeping process that began in November 1991, the comments and ~estions received during public in~armation m~etinqs held on the island of Kauai in June 1990 and ~une and July 1991, during the public comment periods for the Strategic Target System environmental assessment and its supplement were used to assist in identifyinq potential impacts to the quality of tha human environment.

Individuals or organizations may provide comments on the Strategic Target System DEIS by providing written comments to: D. R. Gallien, U.S. Army Strategic Defense Co~and, ATTN: CSSD-EN-V, P. o. Box 1500, Huntsville, AL 35807-3801,

!n a~dition, a public hearing for the DEIS will Pe held on ~auai, March 17, 1992. Details concerning the Pu~lic Hearing will be announced in local newspapers at least two weeks prior to ~he public hearing.

Questions ~egarding this proposal may be directed to the F:1RF Public Affairs Office at (808) 335-4740 or to the USASDC ~Jblic Affairs Office at (205) 955-3058, collect.

Written comments on th6 Ci::IS should be postmarked by April 13, l992.

I

Rev. 11/90

FROM:

~ION OF WATER RESOURCE rr -\GEMENT

~ DATE: / \ ). _ FILE IN: --------\

TO: INITIAL:


E. Sakoda --- G. Matsumoto ___ E. Lau

L. Chang --- Y. Shiroma

,; ' '- (__,>'


PLEASE:

See Me _7_T Take Action By_-----,.

Route to Your Branch ______,L"R.eview & Comment __ Draft Reply __ __ Acknowledge Receipt __ Xerox __ copies

File Mail

FOR YOUR:


Information

REMARKS: -t . <"

CERTIFIED MAIL RETURN RECEIPT REQUESTED

Mr. Maurice A. Richard Vice President Puna Geothermal Venture 14-3860 Kapoho-Pahoa Road Pahoa, Hawaii 96778

Dear Mr. Richard:

January 13, 1992

Subject: Modification to Authority to Construct No. A-834-796 25 MW Geothermal Power Plant Located at TMK: 1-4-01 :2 and 1-4-01 :19, Kilauea Lower

East Rift Zone, Puna, Hawaii

91-A711 File #834

Pursuant to Chapter 3428, Hawaii Revised Statutes, and Chapter 11-60, Hawaii Administrative Rules, the Department of Health (DOH) hereby modifies the subject Authority to Construct No. A-834-796.

The following modified special conditions supersede the corresponding special conditions of Attachment II Issued with ATC No. A-834-796 dated February 6, 1990 and as modified on March 16, 1991:

Special Condition No. 6

The unabated cleanout of a pipeline utilizing the geothermal steam is prohibited. If the geothermal steam is used in the pipeline cleanout, the geothermal steam shall be directed through the hydrogen sulfide abatement equipment. The permittee shall utilize a cyclonic muffler or other equivalent device designed to minimize particulate and brine aerosol emissions, and direct venting into the vertical direction. In no case shall any abated pipeline cleanout coincide with any abated well cleanout, well drilling which opens new hole, or well flow testing operations, or commence if the emergency steam release facility is being utilized by the power plant. If emergency steam releases from the power plant occur during any pipeline cleanout, the pipeline cleanout operations shall be terminated as quickly as practical. Prior to any pipeline cleanout, the Department of Health must be informed in writing, a minimum of two (2) days prior to commencement and so concur. The public shall be notified a minimum of 24-hours in advance by notices in the newspapers of general circulation in Hawaii County. In addition, the permittee

Mr. Maurice A. Richard January 13, 1992 Page 2

Modification To ATC No. A-834-796 Power Plant

shall make a reasonable effort to notify all residents living within 3,500 feet of the permittee's property boundary a minimum of 24-hours in advance of any pipeline cleanout. Each pipeline cleanout shall not exceed 20 minutes in duration and shall occur only in the daytime.


The permittee shall install, operate, and maintain a minimum of three {3) meteorological monitoring stations, three (3) air quality monitoring stations for hydrogen sulfide and one (1) PM10 monitor. The monitoring stations required in any permit for the wellfield may be used towards fulfilling this requirement.

Prior to the commencement of plant operations, the permittee shall submit the siting of the meteorological and air quality monitoring stations for the Department of Health's approval. The permittee shall include with the siting locations a list of the monitoring equipment installed at each station and any anticipated modifications. As a minimum, two ambient air quality monitoring stations for hydrogen sulfide and one meteorological monitoring station shall be fully operational prior to commencement of plant operations. All three meteorological monitoring stations, three ambient air quality monitoring stations for hydrogen sulfide and the one PM10 monitor shall be installed and fully operational on or before July 1 , 1992. The permittee shall maintain a file of all measurements, including the monitoring system performance evaluations; calibration checks; and adjustments and maintenance performed on the system or devices. The measured data shall meet U.S. EPA capture requirements and quality assurance guidelines. As a minimum, a quality assurance check shall be conducted on each monitoring station every-other-day.

The air quality monitors shall be equipped with an alarm or acceptable equivalent system that is designed to page and notify the permittee or a governmental agency on a twenty-four hour basis of ambient hydrogen sulfide concentrations in excess of 1 o ppb on a twenty-four hour rolling average and 25 ppb on a one-hour average. The permittee shall immediately notify the Department of Health and the Hilo District Health Office of any exceedance above 1 0 ppb on a twenty-four hour rolling average and 25 ppb on a one-hour average.

Two (2) copies of the data file in a format acceptable to the Department of Health shall be submitted on an annual basis. The data file shall be in a format that can be utilized by a personal computer for ready extraction of data. The air quality and meteorological data shall be summarized and submitted monthly in writing to the Department of Health. Additional information on the monitoring stations and on the data collected shall be submitted upon request by the Department of Health.


The permittee shall immediately notify the Department of Health of any operational upsets, equipment failure or malfunction which would allow an increase in the emissions of hydrogen sulfide, particulate matter or isopentane. The permittee shall apply best available control technology for the air emissions and take immediate steps to correct the condition. The permittee shall take appropriate action in accordance with Special Condition Nos. 15 and 17 if the hydrogen



sulfide ambient concentration exceeds the specified limits in Special Condition Nos. 15 and 17. In addition, a written report shall be submitted to the Department of Health within five (5) days of the occurrence. The report shall include a description of the malfunctioning equipment or abnormal operation, the date of the initial failure, the estimated resultant emissions, time and duration of the event, and the methods utilized to restore normal operations. Compliance with this notification provision shall not excuse or otherwise constitute a defense for any violation(s) of this permit, law, rule or order which results from the operational upset, equipment failure or malfunction.


The operation of the 25 MW geothermal power plant during periods of operational upsets, equipment failure or malfunctions shall not cause or contribute to an exceedance of the hydrogen sulfide ambient level of 1 o ppb on a twenty-four-hour rolling average or 25 ppb on a one-hour average at or beyond the project boundary. Should any of the approved air quality monitoring stations indicate a hydrogen sulfide ambient concentration greater than 10 ppb on a twenty-fourhour rolling average or 25 ppb on a one-hour average, the permittee shall take immediate action terminating, within two (2) hours of the exceedance, all power plant activities not associated with normal power plant operations and contributing to hydrogen sulfide emissions. Following the reduction in project emissions, if the monitoring stations still indicate hydrogen sulfide ambient concentrations in excess of 1 0 ppb on a twenty-four-hour rolling average or 25 ppb on a one-hour average, the permittee shall curtail the power plant operations, unless the permittee can conclusively show to the Department of Health that the project operations and emissions are not contributing any impact to the monitoring site. If the hydrogen sulfide ambient concentration is below 10 ppb on a twenty-four-hour rolling average and 25 ppb on a one-hour average after the project emissions have been reduced, the permittee shall maintain the emissions at this reduced level until such time the Department of Health is assured that the resumption of full activity shall not result in another exceedance of the hydrogen sulfide ambient level of 1 o ppb on a twentyfour-hour rolling average or 25 ppb on a one-hour average.

The permittee shall submit a written report to the Department of Health within five (5) days of the occurrence. The report shall include the date, time and duration of the exceedance, the estimated project emissions and any other emission sources that may have contributed to the exceedance, and all corrective measures and actions taken to reduce project emissions to a minimum. Compliance with this notification provision shall not excuse or otherwise constitute a defense for any violation (s) of this permit, law, rule or order.


During those periods of normal power plant and normal wellfield operations, the combined emissions of hydrogen sulfide from the 25 MW geothermal power plant (A-834) and associated wellfield (A-833) shall not cause an increase in the hydrogen sulfide ambient concentration in excess of 5 ppb (above background) on a one-hour average at or beyond the project boundary as monitored at any of the approved air quality monitoring stations and so identified in the monthly monitoring report. As used in this context, a normal power plant operation is a power plant which is operating without any pipeline cleanouts, upsets, equipment failure, malfunction or



which is otherwise operating normally. A normal wellfield operation is a wellfield in which no well drilling, flow testing, or abated well cleanouts are occurring and where the completed wells are not experiencing any equipment failure or malfunction and are either shut-in, being used as an injection well, or connected to a sound geothermal resource distribution system.


During normal power plant operations, the hydrogen sulfide emissions from the 25 MW geothermal power plant shall not exceed one pound per hour (one-hour average). During periods of malfunction or regularly scheduled maintenance, best available control technology shall be applied for the hydrogen sulfide emissions.

The following special condition Is hereby added to Attachment II of ATC No. A-834-796:


Prior to the commencement of any abated pipeline cleanout utilizing the geothermal steam, the permittee shall submit to, and receive the approval of, the Department of Health a sampling and testing protocol, identifying the analytical procedures and methodologies to be used and the constituents to be measured, which shall seek to physically and chemically characterize the particulate and aerosol emissions and corresponding ambient concentration from these operations. Each collected sample shall be submitted to a qualified laboratory for analyses within five (5) days after the sample is collected. The permittee shall submit a copy of the results of the analyses to the Department of Health within five (5) days after receiving the results from the qualified laboratory. The Department of Health may at any time require the permittee to analyze for additional constituents or perform more frequent testing.

The following special condition of Attachment II Issued with ATC No. A-834-796 Is hereby deleted:


Excluding periods of well venting and pipeline cleanout, the combined emissions of hydrogen sulfide from the 25 MW geothermal power plant (A-834) and associated wellfield (A-833) shall not cause an increase in the hydrogen sulfide ambient concentration in excess of 25 ppb (above background) on a one-hour average at or beyond the project boundary as monitored at any of the approved air quality monitoring stations and so identified in the monthly monitoring report.

Should any of the approved air quality monitoring stations indicate a hydrogen sulfide ambient concentration greater than 25 ppb (above background) on a one-hour average, the permittee shall immediately notify the Department of Health and the Hila District Health Office and shall cease all geothermal well drilling with aerated mud or aerated water, well flow testing, and scheduled project maintenance, and shut-in those wells experiencing equipment failure or malfunction, which result in emissions of hydrogen sulfide. The affected well drilling, flow testing, scheduled

..



maintenance, and well equipment repair shall be allowed to proceed only after the permittee has satisfactorily demonstrated to the Department of Health that the hydrogen sulfide emissions from the affected well drilling, flow testing, scheduled maintenance, well equipment or power plant repairs, power plant emergency steam release, or normal power plant operation, whether separately or in any combination, did not or will not cause an increase in the hydrogen sulfide ambient concentration in excess of 25 ppb (above background) on a one-hour average.

All other special conditions of Attachment II (special conditions Nos. 1, 2, 3, 4, 5, 8, 9, 1 0, 11, 12, 14, 16, 20) Issued with ATC No. A-834-796 dated February 6, 1990 and as modified on March 16, 1991 shall not be affected and shall remain valid.

These modifications shall become final twenty (20) days after receipt, unless before the twenty {20) days expire, Puna Geothermal Venture submits a written request to the Director of Health for a hearing pursuant to Chapters 91 and 3428, Hawaii Revised Statutes. If a hearing is requested, it will be held at a date, time, and place to be specified later and conducted in accordance with Chapter 91, Hawaii Revised Statutes, and the rules of Practice and Procedures of the Department of Health.

Very truly yours,

FORJOHN C. LEWIN, M.D. Director of Health

NH/jm

c: DHSA, Hawaii Manabu Tagomori, DLNR Norman Hayashi, Hawaii County Planning

•

Rev. I 1/90

FROM: (

DMSION OF WATER RESOURC/fr:EMENT

~ _ DATE:~--- FILE IN:---------

TO: INITIAL: PLEASE:


___ E. Sakoda ___ G. Matsumoto __ E. Lau ___ L. Chang ___ Y. Shiroma


.See Me · 7 Take Action By::---:- 1)9ute to Your Branch ~eview & Comment __ Draft Reply __ __ Acknowledge Receipt __ Xerox __ copies

File Mail

FOR YOUR:


Information

REMARKS:

CERTIFIED MAIL RETURN RECEIPT REQUESTED

Mr. Maurice A. Richard Vice President Puna Geothermal Venture 14-3860 Kapoho-Pahoa Road Pahoa, Hawaii 96778

Dear Mr. Richard:

January 13, 1992

Subject: Modification to Authority to Construct No. A-833-795 Fourteen (14) Geothermal Exploratory/Development Wells Located at TMK: 1-4-Q1 :2, 1-4-01:3, 1-4-01 :58 and 1-4-01:19,

Kilauea Lower East Rift Zone, Puna, Hawaii

91-A656 File #833

Pursuant to Chapter 3428, Hawaii Revised Statutes, and Chapter 11-60, Hawaii Administrative Rules, the Department of Health (DOH) hereby modifies the subject Authority to Construct No. A-833-795.

The following modified special conditions supersede the corresponding special conditions of Attachment II Issued with ATC No. A-833-795 dated February 6, 1990 and as modified on March 16, 1991 and May 28, 1991:


The permittee shall obtain a Permit to Operate prior to any well approved under this permit being connected to and becoming a part of a distribution system which supplies geothermal resource to a power plant or facility, or prior to any well being used as an injection well for the geothermal resource. Additional permit conditions may be included in the Permit to Operate.


The permittee shall install, operate, and maintain a minimum of three (3) meteorological monitoring stations, three (3) ambient air quality monitoring stations for hydrogen sulfide and one (1) PM10 monitor. The monitoring stations required in any permit for the 25 MW power plant may be used towards fulfilling this requirement.

Prior to the commencement of construction of each well, the permittee shall submit the siting of the meteorological and air quality monitoring stations for the Department of Health's approval. The permittee shall include with the siting locations a list of the monitoring equipment installed at

'·j


each station and any anticipated modifications. As a minimum, two ambient air quality monitoring stations for hydrogen sulfide and one meteorological monitoring station shall be fully operational prior to commencement of drilling operations. All three meteorological monitoring stations, three ambient air quality monitoring stations for hydrogen sulfide and the one PM10 monitor shall be installed and fully operational on or before July 1 , 1992. The permittee shall maintain a file of all measurements, including the monitoring system performance evaluations; calibration checks; and adjustments and maintenance performed on the system or devices. The measured data shall meet U.S. EPA capture requirements and quality assurance guidelines. At a minimum, a quality assurance check shall be conducted on each monitoring station every-other-day.

The air quality monitors shall be equipped with an alarm system or an acceptable equivalent system that is designed to page and notify the permittee or a governmental agency on a twentyfour hour basis of ambient hydrogen sulfide concentrations in excess of 10 ppb on a twenty-fourhour rolling average and 25 ppb on a one-hour average. The permittee shall immediately notify the Department of Health and the Hila District Health Office of any exceedance above 1 0 ppb on a twenty-four-hour rolling average and 25 ppb on a one-hour average.

Two {2) copies of the data file in a format acceptable to the Department of Health shall be submitted on an annual basis. The data file shall be in a format that can be utilized by a personal computer for ready extraction of data. The air quality and meteorological data shall be summarized and submitted monthly in writing to the Department of Health. Additional information on the monitoring stations and on the data collected shall be submitted upon request by the Department of Health.


The permittee shall notify the Department of Health in writing at least two {2) working days prior to the commencement, and within two (2) working days after the completion of the drilling, abated well cleanout, and flow testing operations, for each geothermal well.


Hydrogen sulfide abatement equipment with a minimum of 3,000 gallons of sodium hydroxide shall be on the property prior to the initiation of drilling, abated well cleanout and flow testing operations. Chemical storage tanks shall be maintained with sodium hydroxide at all times with no less than a three-day operating supply.


The permittee shall monitor the hydrogen sulfide concentration and emission rate during flow testing operations. The permittee shall utilize a cyclonic muffler or other equivalent device designed to minimize particulate and brine aerosol emissions, and direct venting into a vertical direction. If the abated hydrogen sulfide emission rate increases to five (5.0) pounds per hour or more, the permittee shall cease operations and shut-in the well. The Department of Health shall be so notified and the problem corrected before the testing operations can continue.


During periods of well equipment failure or malfunction which result in hydrogen sulfide emissions, the permittee shall apply best available control technology for the air emissions and take immediate steps to correct the condition. The Department of Health shall be immediately notified of the well equipment failure or malfunction. If the well equipment in question cannot be repaired within twenty-four (24) hours of the occurrence or the hydrogen sulfide ambient concentration exceeds the specified limits in Special Condition Nos. 23 and 27, the permittee shall cease operations and shut-in the well in accordance with Special Condition Nos. 23 and 27. Within five (5) days of the occurrence, a report shall be submitted to the Department of Health. The report shall include a description of the equipment failure or malfunction, the dale of the initial failure, the estimated resultant emissions, time and duration of the event, and the repairs conducted to restore normal operations. Compliance with this notification provision shall not excuse or otherwise constitute a defense for any violation(s) of this permit, law, rule, or order which results from the well equipment failure or malfunction.


Wet chemical tests for the determination of the hydrogen sulfide concentrations shall be conducted and recorded at least four times per 24-hour period during abated well cleanout, flow testing and periods of drilling operations where geothermal steam is released to the atmosphere. Additional wet chemical tests shall be required if previous results indicate a fluctuation in the hydrogen sulfide concentrations.


The following data shall be recorded during abated well cleanout, flow testing and periods of drilling operations where geothermal steam is released to the atmosphere:

a. At least four times per 24-hour period, hydrogen sulfide ppm upstream from the injection system.

b. At least four limes per 24-hour period, injection rate of sodium hydroxide.

c. At least four times per 24-hour period, hydrogen sulfide concentration (ppm) downstream, after chemical injection, calculated hydrogen sulfide emission rate (lbs/hr) and calculated hydrogen sulfide abatement efficiency (percent).

d. Daily, the quantity of sodium hydroxide remaining in the abatement equipment storage tanks.

Additional entries will be made when significant changes in the resource occurs and when changes are made in injection rates of sodium hydroxide.

The aforementioned daily records a., b., and c. shall also be reported daily to the Department of Health by telephone no later than noon of the following work day. The Department of Health may at any time request additional data or revise the frequency of this daily telephone reporting requirement.


The records shall be kept at the well location at all times during the drilling, abated well cleanout and flow testing operations and shall be made available upon request by the Department of Health or its duly authorized representative. Copies or summaries of the records shall be provided within a reasonable time upon request by the Department of Health. The records shall be retained for at least three years following the data of such records.


No more than two (2) drilling rigs may be used simultaneously in the well drilling operations. During well drilling operations, the release of any geothermal steam shall be diverted to the hydrogen sulfide abatement equipment or action immediately taken to shut-in the well. The hydrogen sulfide abatement equipment shall consist of a cyclonic muffler or other equivalent device designed to minimize particulate and brine aerosol emissions, and direct venting into a vertical direction.

In no case shall the cumulative steam releases from all simultaneous well drilling operations result in total hydrogen sulfide emissions of five (5.0) pounds per hour or more. During any period when two drilling rigs are operating simultaneously, the operator of each rig shall immediately notify the other operator of any steam release and the resulting hydrogen sulfide emissions. If the cumulative steam releases from either or both well drilling operations result in total hydrogen sulfide emissions of five (5.0) pounds per hour or more, the permittee shall take immediate action to shut-in the wells, and shall so notify the Department of Health.

Records of each steam release shall be maintained and include as a minimum, date, time and duration of steam release, the resultant emissions, chemical injection rate, steam flow rate, and any corrective measures taken. The records shall be in a permanent form suitable for inspection, shall be made available upon request by the Department of Health, and shall be retained for at least three (3) years following the date of such records.


During drilling, abated well cleanout and flow testing operations, the permittee shall utilize a cyclonic muffler or other equivalent device designed to minimize particulate and brine aerosol emissions, and direct venting into a vertical direction. A minimum sodium hydroxide treatment mole ratio of 4 to 1 (NaOH/H2S) will be used initially and the abatement efficiency monitored. The optimum mole ratios will be determined during the hydrogen sulfide abatement operations. The hydrogen sulfide abatement efficiency shall be maintained at a minimum of ninety (90) percent. A specific chemical treatment plan shall be submitted to the Department of Health prior to the commencement of drilling, abated well cleanout and flow testing operations. A copy of the plan shall be maintained at the site at all time and supervisory personnel shall be aware of its provisions at all times.


Should any toxic emissions of public health concern be encountered which requires dispersion into the ambient air as a mitigative action, the permittee shall promptly notify the Department of Health. Attempts shall be made to fully abate the toxic and hydrogen sulfide emissions by


utilizing a cyclonic muffler or other equivalent device designed to minimize particulate and brine aerosol emissions, and direct venting into a vertical direction.


The permittee shall perform testing and analyses for all of the following constituents of the brine, steam condensate, steam, particulates and/or gases emanating from each well:

STEAM CONDENSATE/TOTAL STEAM/TOTAL BRINE

Benzene Ammonium (Total) Arsenic Lead Cadmium Bicarbonate and Carbonate Sulfates Chlorides Nitrates Boron (Total) Hydrogen Sulfide (Total) Fluorides (Total) Total Sulfur Mercury (Total) pH Total Dissolved Solids Total Suspended Solids Percent Noncondensibles Hydrogen Chloride NESHAPS Pollutants

GAS PHASE

Benzene Hydrogen Sulfide Ammonia Radon 222 and

daughters Mercury Vapor Methane Non-Methane Hydro-

carbons Carbon dioxide Sulfur dioxide Hydrogen Chloride NESHAPS Pollutants

The sampling and testing of the resource shall be performed once upon experiencing the first steam release, and at least once during the abated well cleanout and once during the testing operations. During normal operation of each well, sampling and testing shall be performed on an annual basis, provided that the hydrogen sulfide concentration does not deviate more than + 1 0 percent of the previous measurement, or every six (6) months if the hydrogen sulfide concentration deviates more than + 1 0 percent of the previous measurement. The sample of the resource shall be submitted to a qualified laboratory for analyses within five (5) days after obtaining the resource sample. The permittee shall submit a copy of the results of the analyses to the Department of Health within five (5) days after receiving the results from the qualified laboratory. The Department of Health may at any time require the permittee to analyze for additional constituents of the resource or perform more frequent testing.


The unabated venting of a geothermal well is prohibited. During well cleanout, the geothermal resource shall be directed through the hydrogen sulfide abatement equipment. The permittee shall utilize a cyclonic muffler or other equivalent device designed to minimize particulate and


brine aerosol emissions, and direct venting into a vertical direction. Prior to any abated well cleanout, the Department must be informed in writing a minimum of two (2) days prior to commencement and so concur. The public shall be notified a minimum of 24-hours in advance by notices in the newspapers of general circulation in Hawaii County. In addition, the permittee shall make a reasonable effort to notify all residents living within 3,500 feet of the permittee's property boundary a minimum of 24-hours in advance of each abated well cleanout. In preparation for flow testing, each abated well cleanout shall be conducted only during the daytime and performed for no more than a total of four (4) hours.

In no case shall any abated well cleanout coincide with any pipeline cleanouts, well drilling which opens new hole, or well flow testing operations, or commence if the power plant emergency steam release facility is being utilized. If emergency steam releases from the power plant occur during any abated well cleanout, the well cleanout operations shall be terminated as quickly as practical.


The combined emissions of hydrogen sulfide from the 25 MW geothermal power plant (A-834) and associated wellfield (A-833), including periods of equipment failure or malfunctions, shall not cause or contribute to an exceedance of the hydrogen sulfide ambient level of 1 o ppb on a twenty-four-hour rolling average or 25 ppb on a one-hour average at or beyond the project boundary. Should any of the approved air quality monitoring stations indicate a hydrogen sulfide ambient concentration greater than 1 0 ppb on a twenty-four-hour rolling average or 25 ppb on a one-hour average, the permittee shall immediately notify the Department of Health and the Hilo District Health Office, ceasing all well drilling, flow testing, and abated well cleanout operations, and shutting in those wells experiencing equipment failure or malfunction, which result in emissions of hydrogen sulfide. The affected wellfield construction activities shall be allowed to proceed only after the permittee has satisfactorily demonstrated to the Department of Health that the contributions from the well drilling, well flow testing, abated well cleanout operations or well equipment repair will not result in or contribute to the exceedance of the hydrogen sulfide ambient concentration of 10 ppb on a twenty-four-hour rolling average or 25 ppb on a one-hour average.

The permittee shall submit to the Department of Health a written follow-up report within five (5) days of the occurrence. The report shall include the date, time, and duration of the exceedance(s), the status of all project operations during the exceedance, the estimated project emissions and any other emission sources that may have contributed to the exceedance, and all corrective measures and actions to reduce project emissions to a minimum. Compliance with this notification provision shall not excuse or otherwise constitute a defense to any violation(s) of this permit or of any law or regulations.


During those periods of normal power plant and normal wellfield operations, the combined emissions of hydrogen sulfide from the 25 MW geothermal power plant (A-834) and associated wellfield (A-833) shall not cause an increase in the hydrogen sulfide ambient concentration in


excess of 5 ppb (above background) on a one-hour average at or beyond the project boundary as monitored at any of the approved air quality monitoring stations and so identified in the monthly monitoring report. As used in this context, a normal power plant operation is a power plant which is operating without any pipeline cleanouts, upsets, equipment failure, malfunction or which is otherwise operating normally. A normal wellfield operation is a wellfield in which no well drilling, flow testing, or abated well cleanouts are occurring and where the completed wells are not experiencing any equipment failure or malfunction and are either shut-in, being used as an injection well, or connected to a sound geothermal resource distribution system.

The following special condition Is hereby added to Attachment II of ATC No. A-833-795:


Prior to the commencement of any geothermal well drilling, abated well cleanout, or flow testing operations which will result in the release of geothermal steam to the atmosphere, the permittee shall submit to, and receive the approval of, the Department of Health a sampling and testing protocol, identifying the analytical procedures and methodologies to be used and the constituents to be measured, which shall seek to physically and chemically characterize the particulate and aerosol emissions and corresponding ambient concentration from these operations. Each collected sample shall be submitted to a qualified laboratory for analyses within (5) days after the sample is collected. The permittee shall submit a copy of the results of the analyses within five (5) days after receiving the results from the qualified laboratory. The Department of Health may at any time require the permittee to analyze for additional constituents or perform more frequent testing.

The following special condition of Attachment II Issued with ATC No. A-833-795 Is hereby deleted:


Excluding periods of well venting and pipeline cleanout, the combined emissions of hydrogen sulfide from the 25 MW geothermal power plant (A-834) and associated wellfield (A-833) shall not cause an increase in the hydrogen sulfide ambient concentration in excess of 25 ppb (above background) on a one-hour average at or beyond the project boundary as monitored at any of the approved air quality monitoring stations and so identified in the monthly monitoring report.

Should any of the approved air quality monitoring stations indicate a hydrogen sulfide ambient concentration greater than 25 ppb (above background) on a one-hour average, the permittee shall immediately notify the Department of Health and the Hila District Health Office and shall cease all geothermal well drilling with aerated mud or aerated water, well flow testing, and scheduled project maintenance, and shut-in those wells experiencing equipment failure or malfunction, which result in emissions of hydrogen sulfide. The affected well drilling, flow testing, scheduled maintenance, and well equipment repair shall be allowed to proceed only after the permittee has satisfactorily demonstrated to the Department of Health that the hydrogen sulfide emissions from the affected well drilling, flow testing, scheduled maintenance, well equipment or power plant


repairs, power plant emergency steam release, or normal power plant operation, whether separately or in any combination, did not or will not cause an increase in the hydrogen sulfide ambient concentration in excess of 25 ppb (above background) on a one-hour average.

All other special conditions of Attachment II (Special Condition Nos. 1, 2, 4, 6, 8, 9, 1 0, 11 , 16, 21, 24, 25, 26) Issued with ATC No. A-833-795 dated February 6, 1990 and as modified on March 16, 1991 and May 28, 1991 shall not be affected and shall remain valid.

These modifications shall become final twenty (20) days after receipt, unless before the twenty (20) days expire, Puna Geothermal Venture submits a written request to the Director of Health for a hearing pursuant to Chapters 91 and 3428, Hawaii Revised Statutes. If a hearing is requested, it will be held at a date, time, and place to be specified later and conducted in accordance with Chapter 91, Hawaii Revised Statutes, and the rules of Practice and Procedure of the Department of Health.

Very truly yours,

FOtJOHN C. LEWIN, M.D. Director of Health

NH/jm

c: DHSA, Hawaii Manabu Tagomori, DLNR Norman Hayashi, Hawaii County Planning

From HRWRl!GEOT~~L/CRBLo

n:B n·~iiJ 1 ,

Planning Department Z5 Aupunl Stroet, ll.oom 109 • liUo, Haw.U 9e7l0 • 18081961-821111

Ms. Luana Jones P. o. sox 2092 P111hoa, HI 96178

Dear: Ms. Jones:

February 4, 1992

Geothermal Resource Per:mit No. 2 Puna Gaothormol yentura (PQY)

Lorrelne II. ln011)'t Mo)'Or

Nonnan K. HayaBhl Dim: lor

TfodN•puko !lepltty Director

Wa have received your letter of Januory 14, 19!12, tnnsmittinq a copy of your petition dated Juno 24, 1991. As Mayor Inouye hos indicated, the County's representatives have been working with the ·State on a State - County Geothermal Task Force to evaluate the blowout of June 12, 1991.

The Geothermal Task Force upon reviewing reports preparea by an investigative team concluded that the following tasks had to be met prior to the resumption of any dril~ing of geothermal wells at the PGV site:

1) All recommendations related to drilling activity covered by the Element 1 report must be CulCilled.

2) The Emerqency Response Plan must be updated, reviaea and accepted.

3) Adequate air quality end noise monitoring and enforcement capability must be in place.

The Department ot Land and Nututal Resources has recently approved a revised Plan of Operations for PGV which includes all of Item l above. Similarly, the Department of Health has issued revised permita for PGV's wellfield and powarplant aotivities. Tba Civil Defense Administrator is reviewing a revised Emergency ~ - "' "'" ~ "' • ' • o 0 • ' • • I. - - ·-

RelpOnle Plan. Ne ~elleve the iaauel you raile to bave Dean addreaaed by the respective atonci••·

·.' ·I· I ~ .. • "

~··'~~.'- . ' .l

111. Luane Jonu Pvbruary •· ltta Page z

'' ; : , .. , F..-J-..12.19'32 la9:31 .~ P~1

1 appraci•t• raaaiving your input. Pla••• continua to faal fraa tO COIItiCt DIB •

RKII: 11110 4374D ca: Maror

Managing Diractor

Billcaraly,

V\t'h -'U \ \ • Y' - ·, ~ HA'rAIIHI Plannlna Dlraetot

H•rrr Kim, Civil Dafanaa Senato~ Lavin

• /

'c ;') . L :.,.. __ ,_)

, .. I ( THE SENATE

THE SIXTEENTH LEGISLATURE REGULAR SESSION OF 1992

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'-'"'·"'" rman Senator DONNA P.. IKEDA, Vice Chair

ce'() C.'hcwo q S \!-". U v "'1 I s~~ .Cob\.,

/SB2718

SB 2607

SB 743

/sB 1494

-' SB 2655 •

SB 2721 "

/sa 3169

/ SB31U5"

DATE:

TIME:

PLACE:

-NOTICE OF HEARING

,.,._.,~,~

watt.~~,

JiBMMR'%!11~~ Leiopapa A Kamehameha Building 235 South Beretania Street

A G E N D A

RELATING TO OIL. (Wong) Makes a 1ech111r.nl amendment to Act 200, session Laws of Hawaii 1991. AGE

RELATING TO HAZARDOUS WAS fE. (Chang) Amends hazardous waste law with respect tu permit requirements tor existing facilities. AGE

RELATING TO ENVIRONMENTAL IMPACT STATEMENTS. (Lev111) Requires an EIS consultant to prepare an EIS on behall of the applicant. AGE

RELATING TO ENVIRONMENTAL IMPACT STATEMENTS (Levin) Requires the OEQC to make recommendations regarding actions and their environmental effects when requested by an agency. AGE

~,~,lil!J.IRJJiJI!liCillll:l§!'lkLUI· "'bb) Requires an environmental assessment before any geothermal drilling. AGE

RELATING TO ENVIRONMENTAL IMPACT ST ATEMENl S. (Chang) Amends the delimtron of f_.u) environmental impact statement!l to include the cumulative- impact of an action and reqwres disclosure and documentation of the cun1ulative impact. AGE

RELATING TO ENVIRONMENTAL)MPACT SfATEMENTS. (Wong) R~quires environmentill assessments to be available for public revrew lor at least 20 days. AGE

RELATING TO ENVIRONMENTAL IMPACT STATEMENTS. (Hagino) Requires the director of OEOC to review all environmental impact statements and to erK:ourage agency participation by coordinating their responses. AGE

RELATING TO ENVIRONMENTAL IMPACT STATEMENTS. (Levin) Requires OEOC to administer an environmenlal arbitration program lo ~ddress disputes. AGE, WAM

t..JLr,1 \

f. IV /L·,_,

NOTIC8 AGE 02/25/92

JOIIr~ WAIHEE

~.OV[RNOR Of H.li'V.lll

WILUAM W. PAT¥. CHAHtPEJ\SON BOARD OF LAND AND NATURAL RESOURCES

TO:


P. 0. BOll 621


February 25, 1992

The Honorable Anthony K.U. Chang, Chairman

DEPUTIES

JOHt4 P. KEPPELER 11 DONAL HANAIKE

AQUACULTURE OEVELOI'MENT PROGRAM

AQUATIC RESOURCES CONSERVATION "NO

ENVIRONMENTAL "FF ... IRS CONSERV ... fiON AND

RESOURCES ENFORCEMENT CONVEYANCES FORESTRY AND WILDlifE HISTORIC I'RESERV"TION

PROGRAM LAND M"N"-GEMENT STATF r'ARKS WATER AND lAND DEVHOI'MENl

Senate Committee on Agriculture and Environmental Protection

FROM: William W. Paty, Chairperson Department of Land and Natural Resources

SUBJECT: Senate Bill No. 2294, Relating to Environmental Protection

' \- '.,..: ~· : ~~ ~·

S.B. 2294 am~nds Section 34'3-s, Hawaii Revised Statutes, by adding the requirement that an EA be prepared for drilling within a geothermal resource subzone.

Currently, an EA is required for drilling in conservation zoned lands, state lands and where state funds are involved. Tllis amendment would extend the EA requirement to all geothermal drilling.

The Department supports S.B. 2294.

WRrV1 l{r 6U~ (,

THE SENATE SIXTEENTH LEGISLATURE, 1992 STATE OF HAWAII

r<r::_>--'"~ 0 S.B. NO. 22Cj t/

A BILL F08. 1 ~J'J ACT RELATING TO ENVIRONMENTAL ;dc)~~c+ro~ :-!ENT

BE IT ENACt ED BY THE LEGISLATURE OF THE STATE OF HAW All:

1 SECTION 1. Section 343-5, Hawaii Revised Statutes, is

2 amended by amending subsection (a) to read as follows:

3 "(a) Except as otherwise provided, an environmental

4 assessment shall be required for actions which:

5 (1) Propose the use of state or county lands or the use of

6

7

8

9

10

11

u 13

state or county funds, other than funds to be used for

feasibility or planning studies for possible future

programs or projects which the agency has not approved,

adopted, or funded, or funds to be used for the

acquisition of unimproved real property; provided that

the agency shall consider environmental factors and

available alternatives in its feasibility or planning

studies;

14 (2) Propose any use within any land classified as

15

16

conservation district by the state land use commission

under chapter 205;

17 (3) Propose any use within the shoreline area as defined in

18 section 205A-41;

19 (4) Propose any use within any historic site as designated

SB LRB 92-0126

1

2

3

4

5

6

7

8

9

10

11

12

.3

14

Page 3 S.B .• ~0.

[the]

~ The shoreline area as defined in section 205A-41;

[or, any]

1fl Any historic site as designated in the National

Register or Hawaii Register as provided for in the

Historic Preservation Act of 1966, Public Law

89-665, or chapter 6E; or[, until]

lQl Until the statewide historic places inventory is

completed, any historic site found by a field

reconnaissance of the area affected by the

helicopter facility and which is under

consideration for placement on the National

Register or the Hawaii Register of Historic

Places[.]; and

15 121 Propose any procedure to drill any land within a

16

17

18

19

geothermal resource subzone for the purpose of

developing, producing, or exploring the potential to

develop and produce electrical energy from geothermal

resources."

20 SECTION 2. Statutory material to be repealed is bracketed.

21 New statutory material is underscored.

22

23

24

SECTION 3.

SB LRB 92-0126

This Act shall take effect upon its approval.

INTRODUCED BY: Q~

-- .... _ SE~T BY' Bt:S/E( ON DEY- TOUR I S\1 ; 2-24-92 ; 3' 52PM Bl!S/ECON DEV-TOL'R ISM-

' 8TATI! OP' HAWAU

OFI'IC• 01' IENVIAONMEN"'a&. OUIWTV CCNTJIIOL ---_..._ IIQI .............

rax I (101) 581-2452

FACSIMILE JUIQUIS'l' MD COVD SHD'l' (Use black or blue ink only)

DA'l'BI

TO:

OPPICS PHONB NUMBII:RI {0?-/Cj

AGENCY OR ORGANIZATION:

SUBJECT:

PROM I OE&L

OFFICE PHONB NUMBER; ( 8 01) 586-4185 '

SIGNA'l'tiRB OP SENDBRI

8085486052;# l/ 2

•

NUMBER OF PAGES TRANSMITTED (lncludinq this cover sheet) __ 2 __ _

SENT BY:BL'S/ECON DEV-TOUR!S\1 ; 2-24-92 3:53PM :BUS/ECON DEV-TOl'RlS'II~ 808548(i052:# 2/ 2

JOHNWAIWIIi --STATE OF HAWAII

OFFICE OF ENV~ONMI!NTAL QUAUTY CONTROL.

220 80l1TH KING STIIIEET I'OURTH FLOOft

HONOWUJ, H.frl'IAII181'11

COMMITTEE ON AGRICUDTURE AND ENVIRONMENTAL PROTECTION

S, B, 2 29 4 RBLATilllO TO DVIROJIIIDI'l'AL IIIJIACT STA!l'RMINTS

Testimony of Brian 3. J. choy Director of Enviro~antal Quality Control

Tuesday, February 25, 1992 i>:,\

l Pu:rpose: The purpose of this /i• to require the

2 prepa:r-ation of an environme.ntal assessment before any

3 geothermal drilling.

4

5 Offioe•a poaitioD: The Depart111ent of Land and Natural

6 Resources should assume responsibility for providing

7 oversiqht for environmental impact statements triggered by

8 any procedure to drill any land within a geothermal resource

9 eubzone for the purpose of developing, producing, or

10 exploring the potential to develop and produce electrical

11 energy from geothermal resources.

12

13 Thank you for the opportunity to testify on this bill.

q~ E. Sakoda 1 ,w G. Matsumoto , E. Lau

__ L. Chang __ Y' Shiroma

,{ '


PLEASE:

-~eMe ___LTake Action By __ _ fl.oute to Your Branch ~Review & Comment __ Draft Reply __ __ Acknowledge Receipt ~Xerox __ copies ....:::__File

Mail

FOR YOUR:


Information

Rev. 11/90

FILE IN:----------

REMARKS:

. .~-··

JOHNWAIHEE Governor

MURRAY E. TOWILL Director

,__ .f :.,_.~ ·-

DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & WOUFUSM

BARBARA KIM STANTON Deputy Director

RICK EGGED Deputy Director

TAKESHI YOSHIHARA Deputy Director

Central Pacific Plaze,220 South King Street, 11th Floor, Honolulu, Hawaii Mailing Addreu: P.O. Box 2359, Honolulu, Hawall96804 Telephone: (808) 588-2~ F,~: !~~) ~3§

:, : .~~ ~. '·· ~- _ -~'i"~t··~ENT February 10, 1992

TO: The Honorable William w. Paty Director, Department of Land & Natural Resources

FROM: Murray E. Towill

SUBJECT: Comments on Geothermal Related Legislation

Transmitted for your early review and consideration in the preparation of your Department's testimony are DBED's comments on the legislative bills. and resolutions listed below for which DLNR is the lead agency:

Senate Bill No. 2294

It is our position that Chapter 343, HRS should not be amended for the sole purpose of "singling out" geothermal development activities. The addition of geothermal drilling to the li.st of actions requiring environmental assessments may be precedent setting and may impact other activities currently allowed without the preparation of such an assessment.

Senate Bill No. 2225

We question the appropriateness of designating eightypercent of the State's (50%) share of royalties for health, social services, and infrastructure needs for the Puna District when the county in which mining operations take place (i.e County of Hawaii) already receives thirty-percent of all geothermal royalties.

Furthermore, the specific designation of the Puna District as the recipient of such funds may in effect discriminate against future geothermal development on Maui and any royalties generated from such activity within that county.

Memo to William W. Paty February 10, 1992 Page Two

senate Bill No. 2215

As reflected in our comments for S.B. 2225, the proposed statutory amendments prejudges the future possibility of geothermal development on other islands (e.g. Maui) in that it directs the deposit of moneys collected as a result of penalties solely to the county of Hawaii.

state Concurrent Resolution No. 10 and Senate Resolution No. 10

We have no objections to either resolutions. The determination of relocation costs will serve to better facilitate our current efforts concerning the development of an acceptable relocationjcompensation plan. We recommend that such an analysis include the option of land exchanges and its associated costs.

We would appreciate a final copy of all geothermal testimony prepared by your Department be sent to the DBED's Energy Division.

Thank you for your continued cooperation.

MET/DAN:js:296

cc: Manabu Tagomori, Division of Water Resource Management

JOHN WAIHEE

GOVERNOR OF HAWAII


DIVISION OF WATER RESOURCE MANAGEMENT

Mr. Richard Thomas 8548 Erinbrook Way Sacramento, CA 95826

Dear Mr. Thomas:

P. 0. BOX 373


JAN 2 7 1992


BOARO OF LANO AND NATURAL RESOURCfS

OEPU11ES

MANABU TAGOMORI DAN T. KOCH!

AQUACULTURE DEVELOPMENT

PROGRAM AQUATIC RESOURCES

CONSERVATION AND ENVIRONMENTAL AFFAIRS


CONVEYANCES fORESTRY AND WILDLIFE


LAND MANAGEMENT STATE PARKS WATER RESOURCE MANAGEMENT

This is to follow up on your recent conversation with Janet Swift of my staff. I am sorry you are not available to assist us with our on-going third party geothermal program reviews, but I appreciate your interest and concerns as we develop our geothermal programs in Hawaii-

In this connection, I am writing to follow up on your generous offer to provide training opportunities for some of our geothermal regulators. I would like very much to develop our field personnels' expertise in the various areas you mentioned, including project review and observation of injection well testing, and any other field techniques you may provide training in.

I want you to know also that our Department is going ahead with the recommendation made by the third party reviewers to develop drilling standards separate and apart from our administrative rules regarding geothermal drilling. This will provide more flexibility to revise standards as technology changes, and to review drilling programs on a case by case basis. In this connection, I look forward to calling on your expertise in the future to help us as we develop our industry standards.

Please let us know when the training you mentioned may be scheduled. understand that the Geothermal Resources Council will be scheduling an intensive training program in March in Sacramento. If these two sessions could be coordinated it would be helpful. Please let me know if this is possible by calling me at (808) 587-0214.

JS:ky

I am looking forward to hearing fro you soon.

't'~---,--__) -~r----

ABU TAGOMOtl ty Director

~-\0 PUNA GEOTHERMAL VENTURE

A Hawaii Partnership

January 6, 1992


SUBJ: UTILIZATION OF PACKAGE STEAM BOILER FOR SERVICE TESTING OF POWER PLANT

Dear Mr. Paty,

As per the attached Authority to Construct (ATC) No. A-1017-901, approved by the Department of Health on December 30, 1991, we would like to inform you of our intent to utilize a package steam boiler for service testing of our power plant and gathering system.


TK/cd

Attachment

cc: D. Nakano, DLNR M. Tagamori, DLNR E. Tuno.l~, DLNR N. Hayashi, HCPD B. Anderson, DOH File: 14.4.6

(21091F/cd)

..... ·-··· ;,i~-" ~---:.:~ ----,

\', .:

1''·'

:r.~

c .. n .1:-

14-3860 Kapoho Pahoa Road. Pahoa. Hawaii 96778 • (808) 961-2786 • Facsimile (808) 935-5562 Post Office Box 1337, Hilo. Hawaii 96721-1337

\ i \

'.' CJ

. t .PUNA GEOTt.~.ERl\1/AL VENTUR.L

A Hawaii Partnership

January 6, 1992


. -....

'-' .

SUBJ: UTILIZATION OF PACKAGE STEAM BOILER FOR SERVICE TESTING OF POWER PLANT

Dear Mr. Paty,

As per the attached Authority to Construct (ATC) No. A-1017-901, approved by the Department of Health on December 30, 1991, we would like to inform you of our intent to utilize a package steam boiler for service testing of our power plant and gathering system.

If you have any questions, please calL

TK/cd

Attachment

cc: .1'5: Nakano, DLNR M. Tagamori, DLNR E. Tanaka, DLNR N. Hayashi, HCPD B. Anderson, DOH File: 14.4.6

(2!091F/cd)

t-+--~ROO K;..moho P:1hoa Road. P:.1ho;J. Hawaii 1ltl77X • ! XOX l 1JO J<l7X6 • F:~csimile! XOX) 935-5562 · Posl Offu.:e Box !.~~~. Hi!tL Hawaii tJt17'! 1-l 337

JOHN WAIHEE


WILLIAM W. PATY. CHAIRPERSON

SOARD 0~ lAND AND NATURAl Rt.SOURt-tS

OEI'UTI~S

KEITH W. AHUE MANABU TAGOMOAI

DAN T.KOCIIl

AQUACULTURE OtVELOPMENT

PROGRAM

REF:WRM-FC

P. 0. 60)( 621

HONOLULU, HAWAII 95B09 AQUATIC RESOURCES

CONSE:R\IATION AND

DEC I 3 \99\


CONSERVATION AND RESOUflCES ENFORCEMENT

CONVEYANCES FORESTRY AND WILDLIFE


LANO MANAGEMENT

Mr. Maurice A. Richard Puna Geothermal Venture

STATE PARKS

WATER RESOURCE MANAGLMENT

101 Aupuni Street, Suite 10148 !lilo, Hawaii 96 720

Dear Mr. Richard:

Thank you for your recent letter requesting permission to modify the well monitoring program for the Puna Geothermal Venture Project. The Department has reviewed your proposal and would like to make the following recommendations concerning your modified monitoring program:

(Revised) Routine Monitoring Schedule of PGV Wells

KS-1

KS-lA

KS-2

KS-3

KS-7

Efforts should be made to clear the cellar and recover the well head inorder to allow for proper monitoring of the well. Provisions should be made to incorporate KS-1 into the proposed monitoring program, including the reinstallation of a well head pressure gauge. Unless the well is planned for some future use, KS-1 shall be properly plugged and abandoned within 12 months from the date of this letter.

Pressme readings should be taken daily. If there is any significant change in the well head pressure, gas and water samples shall be taken on a weekly basis, otherwise gas/water sampling may be done on a monthly basis.

Pressure readings shmild be taken on a quarterly basis. If the well is not proposed for any future use, KS-2 shall be properly plugged and abandoned within 12 months from the date of this letter.

No change - same frequency of sampling as in KS-1A.

Water level and bottom hole temperature readings should be taken 3 times per week. Provisions should be made to plug and abandon KS-7 as soon as possible, if no future use of the well is contemplated. Consideration should also be given to the possible use of KS-7 as a monitor well.

MW-1

MW-2

MW-3

Water temperature and water sampling for chemical analysis shall be performed at least once every two weeks (bi-weekly). Water level readings should also be taken, if possible.

Water level and bottom hole temperature readings should be taken at a least 3 times per week or more frequently, if possible. (Consideration should be given to a continuous monitoring program for MW-2.) Water sampling for chemical analysis shall be conducted bi-weekly.

Consideration should be given to periodic sampling and testing of MW-3 similar to that prescribed for MW-1.

No changes are recommended to your proposed quarterly monitoring, sampling and testing of wells- MW-1, MW-2, Malama Ki, GTW-Ill, Pahoa Public Water Supply, and Kapoho Public Water Supply wells. However, concerning the proposed detailed chemical analysis of the regional ground water samples, please identify the specific elements that will be tested for in that analysis.

Should the above recommendations be incorporated into your plans, the Department has no objections to your modified monitoring program, as revised. If you have any questions, please contact Manabu Tagomori, Deputy Director, at 587-0214.

Very truly yours,

WilLIAM W. PATI

COPY PROGRAM ON AmRHATM DISPUTt llfSOUITIOff Post Office Box 2560 Honolulu, Hawaii %804 Office of the Administrative Director of the Courts

The Judiciary • State of Hawaii

Herman Lum Chief Jus !lee

Janice Wolf AdministratiVe D1rector

Tom Okuda Deputy D1rector

TO:

VIA:

FROM:

Thomas A. Krieger, Chair Hawaii County Planning Commission

Tim Lui-Kwan, Deputy Director Hawaii County Planning Department

Peter S. Adler, Director

January 5, 1988

Program on Alternative Dispute Resolution

Enclosed are my specific suggestions for strengthening the Rule 12 amendment the Planning Commission is now considering. You may remember that I promised to get these to you as soon as possible. I apologize for the delay but I think it may have been valuable. It's given me a chance to discuss these at length with Ralph Patterson and Douglas Ing. Their perspectives were extremely helpful.

At the workshop in Kona in December, I raised certain worries. I continue to believe that the State law that is guiding the use of mediation for geothermal matters is not well conceived. Other issues notwithstanding, it imposes severe time constraints on the process of identifying parties, selecting a mediator, and conducting the actual mediation. While I commend the use of mediation for geothermal issues, it may make success more problematic.

I also recognize that the Planning Commission must work within these constraints. My primary consideration in drafting the enclosed suggestions, therefore, is to have the Commission do everything possible to make geothermal mediations credible and productive. The guiding principles are:

1. Insure the availability of qualified mediators.

2. Insure that the identification of the parties and the mediator is expeditious.

3. Insure that parties to the mediation participate as much as possible in the selection of the mediator.

January 5, 1988 Page Two

4. Insure as much flexibility for the mediator and mediation process as possible.

5. Insure that no mediator can overstep the process and be miscontrued as an arbitrator, fact-finder, or judge.

You have good mediation expertise available to you on the Big Island with Richard Spiegel's presence but please don't hesitate to call on me if I can be of further help in developing or implementing your first uses of mediation for geothermal matters.

cc: Douglas Ing Ralph Patterson Cheryl Ramos-Blythe Richard Spiegel

Sincerely,

PETER S. ADLER Director Program on ADR

PROPOSED CHANGES TO COUNTY OF HAWAII' RULE 12 AMMENDMENTS REGARDING GEOTHERMAL RESOURCE PERMITS

_________________________________________________ _:_:_~;_~_I __ c:_L.:__o_z__

1. '-t'-i ' ' l:..l; ~

' f -~

l.l\·:.) '.)~ · .. •. - i ' .• }l

New wording as follows:

"Persons Entitled to Request Mediation. Any person, including interested government agencies, who Cal has a legally protected interest which may be harmed by the proposed activity, and (bl who submitted comment at the public hearing, may, upon appropriate request, seek mediatio·n of issues raised by that person at the initial public hearing. Upon receipt of an appropriate request, the Planning Commission shgall require the applicant to participate in mediation. All appropriate requests for mediation shall be consolidated in a single mediation process. Upon commencement of mediation, the Mediator shall hold an initial mediation conference open to all parties or their designated representatives. Subsequently, the Mediator may meet with all of the parties either jointly or separately in accordance with such arrangements as the Mediator deems appropriate. The Planning Commission shall not be a party to the mediation, and shall not be permitted to attend mediation conferences. The Planning Department may be a party to the mediation if it makes an appropriate request. The Mediator may also request the participation of the Planning Department in mediation meetings.''

Insert a new section as follows and reor·der other sections accordingly:

11 Mediation Panel. The Planning Commission, or another agency or organization designated by the Planning Commission, shall serve as the general administrator of all mediation proceedings including mediator selection proceedings. The Commission or its designee shall be responsible for maintaining a Mediation Panel of qualified mediators. A person shall be deemed to be eligible to serve on the mediation Panel if:

1. They have completed a in mediation methods;

course of training or education and/or

2. They can submit demonstrable evidence of prior experience as a mediator; and

1

3. They are familiar with the Standards For Public and Private Mediators in the State of Hawaii <Hawaii Supreme Court, 1986) or such other published mediation protocols as may be appropriate.''

Application to the Panel sh~ll be by cover letter and resume. In addition, the Planning Commission may include as members of the Panel the names of consenting and qualified individuals trained by and affiliated with other mediation organizations in the State of Hawaii including, but not limited to, the Kuikahi YMCA Mediation Service in Hila, the Judiciary's Program on Alternative Dispute Resolution, the American Arbitration Association, and the Neighborhood Justice Center of Honolulu. The Planning Commission or its designee shall maintain and make available for inspection by the public the names and credentials of all persons serving on the Panel. Persons employed by the County of Hawaii or serving on the Planning Commission shall not be eligible to serve on the Panel."

3. SE~_c t ion 12. -~-"-.t.<_l:>.!

Delete existing language and replace as follows:

''Requests for Mediation. The filing and receiving of requests for mediation shall be as follows:

1. At the beginning of the public hearing the Chairman of the Planning Commission or his designee shall make an announcement that (a) all requests for mediation must be made in writing to the Planning Commission at the close of the public hearing and that (b) a mediator selection process will be conducted following receipt of such requests.

2. All requests for mediation shall be made on a form provided by the Commission. Forms shall also be available to the public before the public hearing at the offices of the Commission.

3. A request for mediation shall contain a brief statement of the issues raised by that person at the public hearing and the name, address, phone number, and signature of the person requesting mediation.

4. At the close of the public hearing, the Chairman or his designee shall conduct a brief post-hearing meeting for the purpose of receiving requests for mediation and for the purpose of selecting a mediator-. 11

2

Delete this section.

5. ?ectinn 12. ~~~.J.&L

Delete existing language and replace as follows:

"Selection and Appointment of a Mediator. Within five working days after receipt of all properly filed requests for mediation, the Planning Commission or its designated administering body shall appoint a Mediator as follows:

1. At the close of the public hearing, the Chairman of the Planning Commission or his designee shall count the nLlmber of properly filed requests for mediation.

2. When all properly filed requests for mediation have been gathered and counted, the Chairman or his designee shall assemble a strike-list of potential Mediators drawn from the Mediation Panel. For each properly filed request for mediation, one name shall be added to the strike-list. Four additional names shall also be added to the strike-list by the Chairman or his designee. The names of all prospective mediators shall be posted prominantly on a chart or blackboard.

3. The Chairman of the Planning Commission or his designee shall then conduct a strike-off of names. Each party who has properly filed a request for mediation, or their authorized reprsentative, shall be entitled to strike or eliminate one name from the strike-list. The applicant shall also be entitled to eliminate one name from the list. Parties who have requested mediation but who are not present or represented at this strike-off meeting shall not be entitled to eliminate a name from the list.

4. When the strike-off has been completed, the Chairman of the Planning Commission or his designee shall adjourn the meeting.

5. Within five days of the close of the public hearing, the Chairman or his designee shall appoint a Mediator from among the names not struck and make notice to all parties to the mediation in writing of the appointment. No member of the Mediation Panel shall serve as Mediator if that person has any financial or personal interest in the outcome of the mediation process. Before accepting appointment, prospective Mediators shall be required to disclose to the Chairman or his designee any circumstances that might create a presumption of bias or that might prevent the completion of the mediation process."

Delete existing language in section (e) and replace as follows:

"Additional Mediators. their written consent, Mediator may appoint a the mediation effort.

At their unanimous request and with all parties and the duly appointed second Co Mediator to assist with This Medi tor need not be a member

of the Mediation Panel. Any fee and expenses for a second Mediator shall be born by the Pa ties."

7. Sectiqn 12.1~

Change existing section as s:

"Mediation Conference. An 1 mediation conference with all parties shall thin 15 days after the appointment of the Mediator. mediator shall fix the time and place of this and all stbsequent joint and private sessions. All mediation proceed ngs shall be held within the County of Hawaii unless the arties involved in such sessions and the Mediator agree therwise. The mediation period shall not e>:tend beyond t irty days after the initial mediation conference, e>: ept by the unanimous consent of all parties and theM diator and the Planning Commission.~~

The last sentence of e>~isting Se tion 12a 1 (q) (''11ediation shall be confined ... ) should be delet d.

8. fiec t i. on 12. 1 (h)

Change the last sentence to read as ·follows:

"The mediator may conduct joint the parties and make confidentia recommendations for settlement t

9. Section 12._l_UJ_

nd separate meetings with oral or written the parties.''

Retain existing language but add the following in front of the first sentence:

"All mediation proceedings shall be conducted in accordance with Rule 408 of Hawaii Rules of Evidence which acknowledges the inadmissibility of compromises and offers to compromise. 11

4

Change existing section to read as follows:

"Recommendation of Mediator. The Mediator shall submit a written report containing the agreements or partial agreements of the parties and recommendations or partial recommendations of the parties to the Planning Commission. If no agreements or recommendations are reached in whole or in part, the Mediator shall report this to the Planning Commission. The Mediator shall offer no other recommendations or comments to the Planning Commission other than those authorized by the parties. A written report of the Mediator shall be filed with the Planning Commission and served on all parties to the mediation within 10 days of the close of mediation."

Peter S. Adler Judiciary Program on ADR 1.5.88

THERMAL POWER COMPANY

TO:

FROM:

SUBJECT:

'} '.' • I I_ - ~ L ,J

J. s. Kumin/J. D. Ing

Patterson\Ktt YL,'• i .1

R. A. ,j '...,' ·- ' ..

Recommendations for Changes to Rule 12 Petition

IC 53 DATE: 15 Dec. 1987 '·,-f: p ~~

. ',:._llj t

I have received the attached to our Rule 12 petition from Alternative Dispute Resolution department.

recommendations for changes Peter Adler of the Program on

in the State Judiciary

On first reviewing these recommendations, they do not appear to be very radical. I would appreciate your review and comments on specifics in the recommendations by Mr. Adler.

I have arranged to meet with Mr. Adler at 10:00 on Monday December 21st to discuss his recommendations.

RAP/cn/0392A

-''Appointment of a Mediator. Within fifteen working daysafter receipt of all properly filed requests for mediation, the Planning Commission or its designated administering body shall appoint a Mediator as follows:

1. The number of properly filed req~1ests for mediation shall be officially counted and a strike-list of potential Mediators shall be assembled from names drawn from the Mediation Panel.

2. The administering body shall contact all propsective mediators by phone or by letter before placing their names on a strike-list. No member of the Mediation Panel shall serve as Mediator if that person has any financial or personal interest in the outcome of the mediation process. Prospective Mediators shall be reqU'lT"ed to ~disclose any circumstances that might create a presumption of bias or that might prevent the completion of the mediation process.

3. For each properly filed request for mediation, one name shall be added to the strike-list. Three additional names shall also be added to the strike-list by the administering body.

4. The strike-list of names, along with brief summaries of individual qualifications, shall be sent to all participants to the mediation within five days of receiving the Requests for Mediation.

5. Each party who has proper 1 y filed a Req~1est for Mediation shall be entitled to strike or eliminate one name from the strike-list. Each party submitting a Request for Mediation shall be responsible for returning their strike-list with one name struck within 10 working days. Strike-lists returned after that date or stri ke-1 i sts that have been wrongf~1ll y executed by a party shall be eliminated from consideration by the Commission or its designated administering body.

6. Upon receipt of all strike-lists, the Commission or its designated administering body shall select a Mediator from among the remaining names not struck and shall notify all parties of that Mediator's appointment."

4. Section 12.11e)

Delete existing language in section (e) and replace as follows:

"Additional Mediators. At their unanimous request and with

2

their written consent, all parties and the duly appointed Mediator may appoint a second Mediator to assist with the mediation effort. This Mediator need not be a member of the Mediation Panel. Any fees and expenses for a second Mediator shall be born by the Parties.''

5. Section 12.1<g>

Change existing section as follows:

"Mediation Conference. An initial mediation conference with all parties shall be held within 15 days after the appointment of the Mediator. The mediator shall fix the time and place of this and all subsequent joint and private sessions. All mediation proceedings shall be held within the Co~mty of Hawai.i unless the parties involved in such sessions and the Mediator agree otherwise. The mediation period shall not extend beyond thirty days after the initial mediation conference, except by the unanimous consent of all parties and the Mediator and the Planning Commission ...

The last sentence of existing Section 12.11g) (''Mediation shall be confined ••• ) should be deleted.

6. Section 12.11h)

Change the last sentence to read as follows:

"The mediator may cond~1ct joint and separate meetings with the parties and make confidential oral or written recommendations for settlement to the parties."

7. Section 12.1Cil

Retain existing language but add the following in front of the first sentence:

"All mediation proceedings shall be conducted in accordance with Rule 408 of Hawaii Rules of Evidence which acknowledges the inadmissibility of compromises and offers to compromise ...

8. Section 12.11m)

Change existing section to read as follows:

"Recommendation of Mediator. The Mediator shall submit a written report containing the parties' agreements or partial agreements and recommendations or partial

3

....

recommendations to the Planning Commission. If no agreements or recommendations were reached in whole or in part, the Mediator shall report this to the Planning Commission. The Mediator shall offer no other recommendations or comments to the Planning Commission other than those authorized by the parties. A written report of the Mediator shall be filed with the Planning Commission and served on all parties to the mediation within 10 days of the close of mediation."

4

•

BEFORE THE PLANNING COMMISSION OF THE COUNTY OF HAWAII

STATE OF HAWAII

In the Matter of the Petition of ) )

PUNA GEOTHERMAL VENTURE ) )

For Amendment to Rule 12 of the ) Rules of Practice and Procedure ) of the Planning Commission of the ) County of Hawaii )

) )

~~.------------------------> 0715X

DOCKET NO.

PETITION FOR RULE AMENDMENT

KOBAYASHI, WATANABE, SUGITA, KAWASHIMA & GODA

JEFFREY N. WATANABE PAMELA J. LARSON 745 Fort Street

# 755-0 #3890-0

Hawaii Tower, 8th Floor Honolulu, Hawaii 96813

Attorneys for Petitioner PUNA GEOTHERMAL VENTURE

BEFORE THE PLANNING COMMISSION OF THE COUNTY OF HAWAII

STATE OF HAWAII

In the Matter of the Petition of ) )

PUNA GEOTHERMAL VENTURE ) )

For Amendment to Rule 12 of the ) Rules of Practice and Procedure ) of the Planning Commission of the ) County of Hawaii )

) ) __________________________ )

DOCKET NO.

PETITION FOR RULE AMENDMENT

Petitioner PUNA GEOTHERMAL VENTURE ("Petitioner") hereby

petitions for an amendment to Rule 12 of the Rules of Practice

and Procedure of the Planning Commission of the County of Hawaii

(the "Planning Commission Rules"). This Petition is made

pursuant to Rule 2 of the Planning Commission Rules.

l. Petitioner.

Petitioner's name and address are as follows:

Puna Geothermal Venture 220 S. King Street, #1750 Honolulu, Hawaii 96813

Phone: (808) 524-8940

Petitioner, a joint venture between Thermal Power

Company and AMFAC Energy, Inc. is presently in the process of

obtaining necessary permits to develop a 25 MW (megawatt)

geothermal-electric power plant in the Kapoho Geothermal Resource

Subzone in lower Puna. Petitioner submitted an application for

Geothermal Resource Permit to the County of Hawaii Planning

Commission on December 10, 1986, in accordance with Rule 12. An

environmental impact statement (EIS) is being prepared by

Petitioner, and the EIS will be filed in the near future.

Petitioner's application will then be processed in accordance

with Rule 12.

2. Proposed Amendment. A draft of the proposed

amendment to Rule 12 is attached hereto as Exhibit A. Rule 12

governs geothermal resource permit procedures for the County of

Hawaii. The sections of Rule 12 to be amended are 12.4, relating

to permit applications, 12.5, relating to hearing and

notification requirements, 12.7, relating to action by the

County, and 12.12, relating to appeals. Other section changes

are primarily for form purposes. The following is a listing of

the proposed sections to be changed, their statutory basis, and a

brief explanation of the section:

Applicable Section of

Proposed Rule 12

12.4

12.5

12.5.l(a)

12.5.l(b)

12.5.l(c)

12.5.l(d)

12.5.l(e)


205-5.1, H.R.S.

205-5.l(e)

205-5.l(e)

205-5.l(e)

205-5.l(f)

205-5.l(f)

205-5.l(f)

-2-

Description of

Section

Application

Hearing and Notification

Persons Entitled to Mediation

Requests for Mediation

Submission of Request

Appointment of Mediator

Qualification of Mediator


Proposed Rule 12

12.5.l(f)

12.5.l(g)

12.5.l(h)

12.5.l(i)

12. 5. 1 (j)

12.5.l(k)

12.5.1(1)

12.5.l(m)

12.5.l(n)

12.5.l(o)

12.5.l(p)


205-5.1, H.R.S.

205-5.l(f)

205-5.l(e) and (f)

205-5.l(e)

205-5.l(e)

205-5.l(e)

Description of

Section

Notice of Mediation

Mediation Conference

Authority of Mediator

Privacy

Confidentiality

Confidentiality

Stenographic Records

Recommendation of Mediator

Second Public Hearing

Comments from Second Hearing

Mediation Expenses

12.6 205-5.l(e) Criteria for Permit

12.7(a) 205-5.l(e) Extensions of Time

12.12(a) 205-5.l(g) Appeals

12.12(b) 205-5.l(h) Record of Hearing

3. Reasons for Amendment. The proposed amendment to

Rule 12 is sought in order to bring Rule 12 into conformance with

Chapter 205, Hawaii Revised Statutes, as amended by the 1987

legislature. The amendments to section 205-5.l(e), H.R.S.

eliminate the requirement of contested case hearings by county

-3-

authorities in connection with geothermal development activities,

and provide for mediation in such cases. The legislative history

to the Act states that the amendments were enacted in recognition

of the significant permitting delays which have impeded

geothermal development in Hawaii. See House Standing Committee

Report No. 1118.

The legislative history also recognizes that the

effectiveness of the procedures established by the Act rests with

the administrative agencies involved. The Committee Report

states: "[Y]our Committee has directed the affected agencies to

take responsibility for the rulemaking that will assure due

process is served and provide for an adequate record for judicial

review. These procedures should include, but are not limited to,

notice to interested parties, transcripts of proceedings, and an

adequate opportunity for interested parties to be heard.'' A copy

of House Bill 1357, House Draft 1, Senate Draft 1, Act 378 which

became effective July 7, 1987, is attached as Exhibit B.

WHEREFORE, Petitioner prays as follows:

A. That a public hearing on the proposed amendments

to Rule 12 be conducted in accordance with Rule 2-3 of the

Planning Commission Rules.

B. That Rule 12 be amended as proposed.

DATED: Honolulu, Hawaii __ J_U_l_3_0_1_9S_7 ________ _

Of Counsel: KOBAYASHI, WATANABE,

SUGITA, KAWASHIMA & GODA

-4-

PAMELA J. LARSON Attorneys for Petitioner

PUNA GEOTHERMAL VENTURE

1823n

12.4

12.5

PLANNING COMMISSION COUNTY OF HAWAII

RULE 12 AMENDMENTS GEOTHERMAL RESOURCE PERMITS

Properly Filed Application

Within twenty days of receipt of an application,

the Planning Director shall review it to determine

if it is complete in that it includes the

supporting data required pursuant to Section 12.3

of this rule. An application that is determined to

be complete shall be officially accepted within

twenty days of receipt of the application and the

applicant shall be so notified in writing.


(a) The Planning Director, on behalf of the

Planning Commission, shall set a date for a

public hearing to be held within a period of

ninety days from the date of official

acceptance of a properly filed and completed

application.

(b) The Planning Commission shall conduct a public

hearing [and]_. __ Upon appropriate request [a

contested case hearing pursuant to the

Planning Commission rules pertaining to public

and contested case hearings.] for mediation

EXHIBIT A

from any party who submitted comment at the

public hearing, the Planning Commission shall

order the requesting party or parties, the

applicant and the appropriate agencies to

submit to the mediation process outlined in

Section 12.5.1 of this rule.

(c) Promptly after the Planning Director fixes a

date for the public hearing and at least 15

days before the date of the public hearing,

the applicant shall mail a notice of the

hearing to owners of interests in properties,

as shown on the current real property tax

rolls at the County Real Property Tax Office,

within a minimum of three hundred feet of the

perimeter boundary of the property for which a

permit is being requested (or as determined by

the Planning Director), and to other

interested persons or groups as may be

determined by the Planning Director. The

applicant shall also make a reasonable attempt

or best effort in notifying residents within

one thousand feet of the perimeter boundary of

the property of the public hearing. Such

notice shall state:

-2-

(1) Name of the applicant;

(2) Precise location of the property involved;

(3) Nature of the proposed geothermal

development activities; and

(4) Date, time, and place of the hearing.

(d) If the notification requirement set forth in

section 12.5 (c) has not been met, the

Planning Commission shall not conduct a

hearing and further action on the application

shall be deferred until the notification

requirement is met.

(e) In addition to said notice and at least

fifteen days prior to the date of the hearing,

the Planning Commission shall publish notice

of the hearing in a newspaper of general

circulation in the County which includes the

information provided further under section

12.5(c)(l-4) of this rule.

12.5.1. Mediation

~ Persons Entitled to Request Mediation. Any

person, including interested government

agencies, who submitted comment at the public

hearing may, upon appropriate request, seek

mediation of issues raised by that person at

the initial public hearing. Upon receipt of

-3-

an appropriate request, the Planning

Commission shall require the parties to

participate in mediation. All appropriate

requests for mediation shall be consolidated

in a single mediation conference. The

Planning Commission shall not be a party to

the mediation, and shall not be permitted to

attend mediation conferences. The Planning

Department may be a party to the mediation if

it makes an appropriate request.

1Ql Requests for Mediation. A request for

mediation shall be made in writing to the

Planning Commission, shall contain a brief

statement of the issue or issues raised by

that person at the public hearing, and shall

contain the name, address, phone number and

signature of the person requesting mediation.

1£2 Time for Submission of Request. The original

and ten (10) copies of the request for

mediation shall be filed with the Planning

Commission within five days after the close of

the initial public hearing and one copy of the

request shall be served on the applicant.

i£2 Appointment of a Mediator. Within five days

after receipt of a timely request, the

-4-

Planning Commission shall appoint a qualified

mediator. Appointment of the mediator by the

Planning Commission shall be final, except as

provided in Section 12.5.l(e).

(e) Qualifications of Mediator. No person shall

serve as a mediator in any dispute in which

that person has any financial or personal

interest in the result of the mediation,

except by the written consent of all parties

to the mediation. Prior to accepting an

appointment, the prospective mediator shall

disclose any circumstances likely to create a

presumption of bias or prevent the prompt

completion of the mediation. Upon receipt of

such information, the Chairperson shall either

replace the mediator or immediately

communicate the information to the parties for

their comments. In the event the parties are

unable to agree as to whether the mediator

shall serve, or in the event the appointed

mediator becomes unable or unwilling to serve,

the Chairperson will appoint another

mediator. The mediator shall not be an

employee of any County agency or its staff.

-5-

1fl Notice of Mediation Conference. The applicant

and any person submitting a timely request for

mediation shall be notified by the Planning

Commission of the date, time, and place of the

first mediation conference by depositing such

notice in the mail to the return address

stated in the application and in the request

for mediation. The notice shall be mailed no

later than ten days before the start of the

mediation conference.

igl Mediation Conference. The initial mediation

session shall be held within 15 days after the

appointment of the mediator. The mediator

shall fix the time and place of each

subsequent mediation session. The conference

shall be held within the County of Hawaii

unless all parties and the mediator agree

otherwise. The mediation period shall not

extend beyond thirty days after the initial

mediation session, except by order of the

Planning Commission. Mediation shall be

confined to the issues raised at the public

hearing by the respective party or parties

requesting mediation.

-6-

~ Authority of Mediator. The mediator shall

attempt to help the parties reach a

satisfactory resolution of their dispute, but

shall not have authority to impose a

settlement upon the parties. The mediator may

conduct joint and separate meetings with the

parties and make oral and written

recommendations for settlement.

iil Privacy. Mediation sessions shall be

private. The parties and their

representatives shall have the right to attend

the joint mediation sessions. Other persons

may attend only with the permission of all

parties to the mediation and the consent of

the mediator.

ill Confidentiality. Confidential information

disclosed to a mediator by any party in the

course of the mediation shall not be divulged

by the mediator to anyone, including other

parties to the mediation. All records,

reports, or other documents received by a

mediator while serving in such capacity shall

be confidential. The mediator shall not be

compelled to divulge such records or to

testify in regard to the mediation in any

administrative proceedings or judicial forum.

-7-

~ The parties shall maintain the confidentiality

of the mediation and shall not rely on, or

introduce as evidence in any arbitral,

judicial, administrative, or other proceeding:

lil views expressed or suggestions made

by any other party with respect to a

possible settlement of any disputed issue;

(ii) statements or admissions made by any

other party in the course of mediation

proceedings;

(iii) proposals made or views expressed

by the mediator;

~ the fact that the other party had or

had not indicated willingness to accept a

proposal for settlement made by the

mediator.

ill Stenographic Record. There shall be no

stenographic record or electronic recordation

of the mediation process.

~ Recommendation of Mediator. The mediator

shall submit a written report containing

recommendations to the Planning Commission,

based upon any mediation agreement reached

between the parties or stating that no

agreement was reached, for consideration by

the Planning Commission in its final

-8-

decision. The written report of the Mediator

shall be filed with the Planning Commission

and served on all parties to the mediation

within 10 days of the close of the mediation

conference.

~ Second Public Hearing. If there is no

mediation agreement, or if the mediation

agreement does not resolve all issues

submitted for mediation, the Planning

Commission may, in its sole discretion, hold a

second public hearing to receive additional

comment related to the unresolved mediation

issues. The second public hearing, if to be

conducted, shall be held within thirty (30)

days after receipt of the mediator's report.

Within 10 days after the second public

hearing, the Planning Commission may receive

additional written comment on the unresolved

mediation issues raised at the second public

hearing by any party.

iEl If a second hearing is held, the Planning

Commission shall consider the comments raised

at the second hearing before rendering its

final decision. The Planning Commission shall

then determine whether a geothermal resource

permit shall be granted for geothermal

-9-

12.6

12.7

development activities described in the

application.

iPl Expenses. The parties shall each bear their

respective costs, fees and expenses. The cost

to administer the mediation, including any

fees, required travel and other expenses of

the mediator, shall be borne by the County.

Criteria for Issuance of Geothermal Resource Permit

The Planning Commission shall grant a geothermal

resource permit if it finds that the applicant has

demonstrated [by a preponderance of evidence] that:

(a) The proposed geothermal development activities

would not have unreasonable adverse health,

environmental, or socio-economic effects on

residents or surrounding property; and

(b) The proposed geothermal development activities

would not unreasonably burden public agencies

to provide roads and streets, sewers, water,

drainage, school improvements, and police and

fire protection; and

(c) There are reasonable measures available to

mitigate the unreasonable adverse effects or

burdens referred to above.

Action

(a) Unless there is mutual agreement [by the

-10-

12.12

Planning Director, the applicant, and, if

applicable, any intervenors in a contested

case hearing] to extend the period of time for

the Planning Commission's action, the Planning

Commission shall take action on a properly

filed and complete application within six

months (180 days) of the date a [properly

filed] complete application is [officially

accepted] filed; provided that [if a contested

case hearing is held, the Planning Commission

shall take action within nine months (270

days) of the date a properly filed application

is officially accepted.] the time limit may be

extended by agreement between the applicant

and the Planning Commission.

Appeals

[Any person aggrieved by the action of the Planning

Commission in the issuance of a geothermal resource

permit or an amendment of condition or permit under

section 12.9 shall be entitled to appeal such

decision to the applicable court of the State of

Hawaii.]

~ Any decision made by the Planning Commission

pursuant to a public hearing or hearings under

this rule may be appealed directly on the

-11-

record to the supreme court for final decision

and shall not be subject to a contested case

hearing. Sections 91-14(b) and (g), Hawaii

Revised Statutes, as amended, shall govern the

appeal, notwithstanding the lack of a

contested case hearing on the matter. The

Planning Commission shall provide a court

reporter to produce a transcript of the

proceedings at all public hearings under this

rule for purposes of an appeal.

~ For the purposes of an appeal from a decision

from a public hearing, the record shall

include:

ill The application for the permit and all

accompanying supporting documents,

including but not limited to: reports,

studies, affidavits, statements, and

exhibits.

ill Staff recommendations from County agencies

submitted to the Planning Commission in

consideration of the application.

ill Oral and written public testimony received

at the public hearings.

~ Written transcripts of the proceedings at

the public hearings.

-12-

i2} The written recommendation received by the

Planning Commission from the mediator with

any mediation agreement.

~ A statement of relevant matters officially

noticed by the Planning Commission and/or

any of its members at the public hearings.

ill The written decision of the Planning

Commission issued in connection with the

application and public hearings.

~ Other documents required by the Planning

Commission.

-13-

2

HOUSF: OF RF:PRF:SENTATIVES FOURTJCICNTH LEGISLATURE, 1987 STATE OF HAWAII ~ B ~~

1357 H.D. 1

• • • S.D. 1

A B ll f~R A~ A[l RELATING TO CONTESTED CASES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 205-5.1, Hawaii Revised Statutes, is

amended to read as follows:

"§205-5.1 Geothermal resource subzones. (a) Geothermal

4 resource subzones may be designated within the urban, rural,

5 agricultural, and conservation land use districts established

6 under section 205-2. Only those areas designated as geothermal

7 resource subzones may be utilized for geothermal development

8 activities in addition to those uses permitted in each land use

9 district under this chapter. Geothermal development activities

10 may be permitted within urban, rural, agricultural, and

11 conservation land use districts in accordance with this

12 chapter. "Geothermal development activities" means the

13 exploration, development, or production of electrical energy

14 from geothermal resources and direct use applications of

15 geothermal resources.

16 (b) The board of land and natural resources shall have

17 the responsibility for designating areas as geothermal resource

18

E10906 3790E

EXHlBlT B

2

3

4

6

7

9

10

11

12

13

14

15

lti

17

IH

19

:!II

21

22

Page 2

1357 H.D. 1 S.D. 1

subzones as provided under section 205-5.2; except that the total

area within an agricultural district which is the subject of a

geothermal mining lease approved by the board of land and natural

resources, any part or all of which area is the subject of a

special use permit issued by the county for geothermal

development activities, on or before May 25, 1984, is designated

as a geothermal resource subzone for the duration of the lease.

The designation of geothermal resource subzones shall be governed

exclusively by this section and section 205-5.2, except as

provided therein. The board shall adopt, amend, or repeal rules

related to its authority to designate and regulate the use of

geothermal resource subzones in the manner provided under

chapter 91.

The authority of the board to designate geothermal resource

subzones shall be an exception to those provisions of this

chapter and of section 46-4 authorizing the land use commission

and the counties to establish and modify land use districts and

to regulate uses therein. The provisions of this section shall

not abrogate nor supersede the provisions of chapters 182 and 183.

(c) The use of an area for geothermal development

activities within a geothermal resource subzone shall be governed

by the board within the conservation district and, except as

El0906 3790E

1357 H.D. 1 S.D. 1

herein provided, by state and county statutes, ordinances, and

2 rules not inconsistent herewith within agricultural, rural, and

3 urban districts, except that no land use commission approval or

4 special use permit procedures under section 205-6 shall be

5 required for the use of such subzones. In the absence of

6 provisions in the county general plan and zoning ordinances

7 specifically relating to the use and location of geothermal

H development activities in an agricultural, rural, or urban

9 district, the appropriate county authority may issue a geothermal

10 resource permit to allow geothermal development activities.

11 "Appropriate county authority" means the county planning

12 commission unless some other agency or body is designated by

13 ordinance of the county council. Such uses as are permitted by

14 county general plan and zoning ordinances, by the appropriate

15 county authority, shall be deemed to be reasonable and to promote

16 the effectiveness and objectives of this chapter. Chapters 177,

17 178, 182, 183, 205A, 226, 342, and 343 shall apply as

IH appropriate. If provisions in the county general plan and zoning

1!1 ordinances specifically relate to the use and location of

20 geothermal development activities in an agricultural, rural, or

21 urban district, the provisions shall require the appropriate

22 county authority to conduct a public hearing [and, upon

2:l

24 E10906 3790E

1357 H.D. 1 S.D. 1

appropriate request, a contested case hearing pursuant to

2 chapter 91,] on any application for a geothermal resource permit

3 to determine whether the use is in conformity with the criteria

4 specified in subsection (e) for granting geothermal resource

5 permits.

6 (d) If geothermal development activities are proposed

7 within a conservation district, [then, after receipt of a

K properly filed and completed application,] with an application

9 with all required data, the board of land and natural resources

10 shall conduct a public hearing and, upon appropriate request[, a

11 contested case hearing pursuant to chapter 91. to] for mediation

12 from any party who submitted comment at the public hearing, the

13 board shall appoint a mediator within five days. The board shall

14 require the parties to participate in mediation. The mediator

15 shall not be a member of the board or its staff. The mediation

16 period shall not extend beyond thirty days after the date

17 mediation started, except by order of the board. Mediation shall

IH be confined to the issues raised at the public hearing by the

19 party requesting mediation. The mediator will submit a written

20 recommendation to the board, based upon any mediation agreement

21 reached between the parties for consideration by the board in its

22 final decision. If there is no mediation agreement, the board

24 El0906 3790E

2• ·'

1357 H.D. 1 S.D. 1

may have a second public hearing to receive additional comment

2 related to the mediation issues. Within ten days after the

3 second public hearing, the board may receive additional written

4 comment on the issues raised at the second public hearing from

5 any party.

6 The board shall consider the comments raised at the second

7 hearing before rendering its final decision. The board shall

x then determine whether, pursuant to board [regulations,] rules, a

y conservation district use permit shall be granted to authorize

10 the geothermal development activities described in the

11 application. The board shall grant a conservation district use

12 permit if it finds that the applicant has demonstrated [by a

1:~ preponderance of the evidence] that:

15

16

li

IH

I~

~0

21

22

23

(1) The desired uses would not have unreasonable adverse

health, environmental, or socio-economic effects on

residents or surrounding property; and

(2) The desired uses would not unreasonably burden public

agencies to provide roads and streets, sewers, water,

drainage. and police and fire protection; or

(3) There are reasonable measures available to mitigate the

unreasonable adverse effects or burdens referred to

above.

A decision shall be made by the board[:

2:, El 0906 3790E

1357 H.D. 1 S.D. 1

(1) Within] within six months of the date a complete

2 application was filed [if no contested case hearing is

3 held; or

4 (2) Within nine months of the date a complete application

5 was filed if a contested case hearing is held];

6 provided that the time [limits] limit may be extended by

7 agreement between the applicant and the board.

H [The board may, at any time after a contested case is

9 requested, and after the parties have been determined, appoint a

10 special master for the specific purpose of mediation. Prior to a

11 contested case hearing, the board shall require parties to

12 participate in a settlement conference conducted by the special

n master or the special master's designee, neither of whom shall be

14 a member of the board or its staff. The settlement conferences

15 and mediation shall not extend beyond thirty days after the

16 parties are determined, except upon the mutual agreement of all

17 parties.]

Ill (e) If geothermal development activities are proposed

9 within agricultural, rural, or urban districts and such proposed

!O activities are not permitted uses pursuant to county general plan

'I and zoning ordinances, then after receipt of a properly filed and

2 completed application, including all required supporting data,

:l

4 El0906 3790E

1357 H.D. 1 S.D. 1

the appropriate county authority shall conduct a public hearing

2 [and, upon]. Upon appropriate request[, a contested case hearing

3 pursuant to chapter 91 to] for mediation from any party who

4 submitted comment at the public hearing, the county authority

5 shall appoint a mediator within five days. The county authority

6 shall require the parties to participate in mediation. The

7 mediator shall not be an employee of any county agency or its

8 staff. The mediation period shall not extend beyond thirty days

9 after mediation started, except by order of the county

10 authority. Mediation shall be confined to the issues raised at

11 the public hearing by the party requesting mediation. The

12 mediator will submit a written recommendation to the county

13 authority, based upon any mediation agreement reached between the

14 parties for consideration by the county authority in its final

15 decision. If there is no mediation agreement, the county

16 authority may have a second public hearing to receive additional

17 comment related to the mediation issues within ten days after the

IM second public hearing, the county authority may receive

19 additional written comment on the issues raised at the second

20 public hearing from any party.

21 The county authority shall consider the comments raised at

22 the second hearing before rendering its final decision. The

23

24 El0906 3790E

25

1357 H.D. 1 S.D. 1

county authority shall then determine whether a geothermal

2 resource permit shall be granted to authorize the geothermal

~ development activities described in the application. The

4 appropriate county authority shall grant a geothermal resource

5 permit if it finds that applicant has demonstrated [by a

6 preponderance of the evidence] that:

7

9

10

II

12

13

14

(1) The desired uses would not have unreasonable adverse

health, environmental, or socio-economic effects on

residents or surrounding property;

(2) The desired uses would not unreasonably burden public

agencies to provide roads and streets, sewers, water,

drainage, school improvements, and police and fire

protection; and

(3) That there are reasonable measures available to

15 mitigate the unreasonable adverse effects or burdens

16 referred to above.

17 Unless there is a mutual agreement to extend, a decision

IH shall be made on the application by the appropriate county

19 authority within six months of the date a complete application

:!0 was filed; provided that [if a contested case hearing is held,

21 the final permit decision shall be made within nine months of the

22 date a complete application was filed.] the time limit may be

24 El0906 3790E

2'i

1357 H.D. 1 S.D. 1

extended by agreement between the applicant and the appropriate

2 county authority.

3 (f) [Any other law to the contrary notwithstanding,

4 including chapter 91, any appeal of a contested case hearing

5 under this section shall be made upon the record directly to the

6 supreme court for final decision; provided that for a contested

7 case hearing under this section initiated after April 30, 1990,

8 any appeal shall be made in conformity with chapter 91, including

9 judicial review by the circuit court under section 91-14.]

10 Requests for mediation shall be received by the board or county

11 authority within five days after the close of the initial public

12 hearing. Within five days thereafter, the board or county

1~ authority shall appoint a mediator. Any person submitting an

14 appropriate request for mediation shall be notified by the board

15 or county authority of the date, time, and place of the mediation

16 conference by depositing such notice in the mail to the return

17 address stated on the request for mediation. The notice shall be

IH mailed no later than ten days before the start of the mediation

19 conference. The conference shall be held on the island where the

20 public hearing is held.

21 (g) Any decision made by an appropriate county authority or

22 the board pursuant to a public hearing or hearings under this

24 El0906 3790E

1357 H.D. 1 S.D. 1

section may be appealed directly on the record to the supreme

2 court for final decision and shall not be subject to a contested

3 case hearing. Sections 91-14(b) and (g) shall govern the appeal,

4 notwithstanding the lack of a contested case hearing on the

5 matter. The appropriate county authority or the board shall

6 provide a court reporter to produce a transcript of the

7 proceedings at all public hearings under this section for

R purposes of an appeal.

9 (h) For the purposes of an appeal from a decision from a

10 public hearing, the record shall include:

I I

12

13

14

I~

16

li

IH

I~

!!0

21

24

(1) The application for the permit and all accompanying

supporting documents, including but not limited to:

reports, studies, affidavits, statements, and exhibits.

(2) Staff recommendations submitted to the members of the

agency in consideration of the application.

(3) Oral and written public testimony received at the

public hearings.

i!l Written transcripts of the proceedings at the public

hearings.

(5) The written recommendation received by the agency from

the mediator with any mediation agreement.

(6) A statement of relevant matters noticed by the agency

members at the public hearings.

25 El0906 3790E

1357 H.D. 1 S.D. 1

ill The written decision of the agency issued in connection

2 with the application and public hearings.

3 1!1 Other documents required by the board or county

4 authority."

5 SECTION 2. section 205-5.2, Hawaii Revised Statutes, is

6 amended by amending subsection (d) to read as follows:

7 "(d) After the board has completed a county-by-county

B assessment of all areas with geothermal potential or after any

9 subsequent update or review, the board shall compare all areas

10 showing geothermal potential within each county, and shall

11 propose areas for potential designation as geothermal resource

12 subzones based upon a preliminary finding that the areas are

13 those sites which best demonstrate an acceptable balance between

14 the factors set forth in subsection (b). Once such a proposal is

15 made, the board shall conduct public hearings pursuant to this

16 subsection, notwithstanding any contrary provision related to

17 public hearing procedures. Contested case procedures are not

18 applicable to these hearings.

19

21

22

23

(1) Hearings shall be held at locations which are in close

proximity to those areas proposed for designation. A

public notice of hearing, including a description of

the proposed areas, an invitation for public comment,

24 E10906 3790E

25

1357 H.D. 1 S.D. 1

and a statement of the date, time, and place where

persons may be heard shall be published and mailed no

less than twenty days before the hearing. The notice

shall be published on three separate days in a

newspaper of general circulation statewide and in the

county in which the hearing is to be held. Copies of

the notice shall be mailed to the department of

planning and economic development, to the planning

commission and planning department of the county in

which the proposed areas are located, and to all owners

of record of real estate within, and. within one

thousand feet of, the area being proposed for

designation as a geothermal resource subzone. The

notification shall be mailed to the owners and

addresses as shown on the current real property tax

rolls at the county real property tax office. Upon

such action, the requirement for notification of owners

of land is completed. For the purposes of this

subsection, notice of one co-owner shall be sufficient

notice to all co-owners.

(2) The hearing shall be held before the board, and the

authority to conduct hearings shall not be delegated to

El0906 3790E

any agent or representative of the board. All persons

1357 H.D. 1 S.D. 1

Page 13

5

5

7

9

0

2

3

5

6

7

and agencies shall be afforded the opportunity to

submit data, views, and arguments either orally or in

writing. The department of planning and economic

development and the county planning department shall be

permitted to appear at every hearing and make

recommendations concerning each proposal by the board.

(3) At the close of the hearing, the board may designate

areas as geothermal resources subzones or announce the

date on which it will render its decision. The board

may designate areas as geothermal resources subzones

only upon finding that the areas are those sites which

best demonstrate an acceptable balance between the

factors set forth in subsection (b). Upon request, the

board shall issue a concise statement of its findings

and the principal reasons for its decision to designate

a particular area.''

SECTION 3. This Act does not affect rights and duties that

8 matured, penalties that were incurred, applications that were

9 completed and proceedings that were begun, before its effective

o date.

SECTION 4. Statutory material to be repealed is bracketed.

2 New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

4

5 E10906 3790E

MEMDRANDLJM FOR T~iE RECUF~D

~;;UBJFCT: Pub:Lic Hearing or1 Amendrnents to Rule 12 of the (~ounty Clf ti.:;;· .. t·Jaii F'l,;::lflf'"l:i.l"'"l~] c:omm:i.-:SSfiOi"l F~ulfo~~?.f ()+ F'r .. .;::: .. ci::.j.c: .. ~-,:· ~·:: .. nd

~.~:r.· .. ~2 C f~~ ~!.~-.\X~:.~::~.~~ .~J3. ~:.:.1.. ~~.t J ..... U.9. ... t q _.J1.~~·:.<~}.t_ t:~ t:;~·.l~'.J!!. ~;~~ L __ h: E~ fi~·. q tel(~ c: F.· -· I .~ t~~ C..I.~J. ~: .. !;_ ~

On November 17, 191J·;, a public tlear-irlg was held 1n Hilo, l~awaii to r·eceive con1mer1t~; on pro~losed atner1diner1ts to Rule 12 o·f thE· F'J. ,:;,r .. 1n j_ nq Coin1r1:i. ~~:.~:;i c::.n o l"hE:· !' .. E·i::r.~;;;on -fDt ... thE! pr .. opc!-:::;r..;:oc! arnt:.::·nc!me-.::•nt s

is to brir1g Rule 12 ir1to contormance wit~J Chapter ··~~, Hawa1i Revised Statutes~ as amended by the 1987 legislatur·e"

·rhe amer1drnents to section 205-S.l<e>, HRS, elj.n11nates the provision for contested case hea~ings and provides instead for mediation in SLtc~·~ cases.

In attendance were apf::.ro>:imately 20 people, 1l of wt1on1 prese11ted ·testitnorly both +DI'- ar1d agaii·Jst the proposed arner1dmer·)ts. In general, most of tt1e commer1ts were ir1 opposit1on to ·the deleticJr1 o·f contested case hearings anci the c:onfj_cit':>ntj . .::tlity pr .. o·vi!:;;:i.on::::. ::.::.e·t ~,cor·th ir-~ thE" pr··c~po:::.~-ed IHf.?di<::ttion r1rocess. Copies of t~1e written testimony submittecJ to the Cornmissior·) are attached.

rhere was son1e disagreement amonq tt1e c:ommissioners regarclir)g the proposed n1ediat1on pr-!Jcess. As a restJlt, it was agreed Ll~lOf1 tha·t before any further actior1 cotJld tJe ta~~en, the comrnissioners should participate :Lrl a 1nediatior1 wor·~~shop

inor·de~ to more fully Llrlder-stand the 1nediatior1 and c:LJnflict resolLttion process.

T~1e commission ther1 moved to defer actior1 or1 aJ1ler1dmer1ts to RtJle 12 until the com~JleticJn of the wor .. kstlop. A tentat1ve date to continue ·the public ttearing on the rules was ~~et fo~

,Ja.nuar .. ·)"~ 1>:)dd~

SUBJECT: PETITION FOR AMENDMENT OF RULE 12 OF THE PRACTICE AND PROCEDURE OF THE PLANNING COMMISSION OF THE COUNTY OF HAWAII (GEOTHERMAL ~ESOURCE PERMITS)

PETITIONER: PUNA GEOTHERMAL VENTURE

BACKGROUND

The 1987 Legislature of the State of Hawaii amended Section 205-5.1, Hawaii Revised Statutes (HRS), relating to the issuance of geothermal resource permits. The amendment deleted contested case proceedings, substituting in its place the alternative of mediation in resolving disputed issues relevant to the issuance of geothermal resource permits by the County Planning Commissions.

While the Petition for Rule Amendment filed by Puna Geothermal Venture incorporates all of the statutory changes mandated by enactment of H.B. No. 1357, it also proposes rule changes not explicitly provided for in the Act. These proposed amendments relate primarily to the administration of the mediation process and are summarized as follows:

Rule Section

12.5.1. (a)

12.5.1. (b)

12.5.1. (c)

12.5.l.(e)

Description

Persons Entitled to Request Mediation

Mediation Requests

Time for Requests

Mediator's Qualification

Comment

Provides that Planning Commission shall not be a party, but Planning Department could request mediation.

Describes the form and content of a request.

Provides that the applicant be served with a copy of the requests. While the request would be filed with the Planning Commission, it doesn't provide for who and how service will be made on applicant.

While§ l2.5.l.(d) provides that appointment of mediator by Planning Commission shall be final, any nominated meditor with an interest in the dispute could be replaced by the Commission Chair. This appears to provide a delegation of the Commission's

12.5.l.(g)

12.5.1. (h)

12.5.1. (i)

12 ._4 • 1. ( j) & ( k)

12.5.1(1)

l2.5.l.(m)

l2.5.l.(n)

Mediation Conference

Mediator's Authority

Privacy

Confidentiality

No Stenographic Record of Mediation Proceedings

Mediator's Recommendation

Second Public Hearing

-2-

responsibility (under State law) to the Chairman to replace nominated mediators unable or unwilling to serve.

Provides that mediation shall commence within 15 days after mediator appointed. Also provides that parties may agree to hold mediation session at places other than the County of Hawaii although statute states that mediation held on the island where public hearing is held.

This is consistent with current mediation practices.

Consistent with current mediation practices.

While the information described as confidential can be barred from introduction in proceeding before the Planning Commission by Rule, it is unclear whether such evidence can be also barred in other judicial proceeding unless it can be characterized as offers of settlement or compromise under Rule 408, Hawaii Rules of Evidence (HRS §626-1).

Consistent with current mediation practice.

Provides that the mediator's report shall be filed with Commission and served on all parties within 10 days after close of mediation.

Provides that the second public hearing shall be held within 30 days after receipt of the mediator's report. Does not provide for the form or content of notice of hearing.

12.5.l.(p)

RECOM.t-lENDATIONS

Expenses Provides that each party shall be responsible for their respective costs. However, it also provides that the County shall bear the cost of administering mediation, including service costs, fees and travel expenses of the mediator.

After considering the proposed changes to Rule 12 of the Planning Commission's Rules of Practice and Procedure, it is the recommendation of the Planning Director that the changes be adopted as set out in the petition with the exception of proposed Rule 12.5.l.(p), related to the expenses borne by the County of Hawaii. The uncertainly of these costs, which includes the fees and travel expenses of the mediator for which the Planning Department and Planning Commission may have little o~ no control, could be prohibitive.

The Planning Commission should reserve the option within Rule 12 of assessing such costs and expenses against the parties following its action on the geothermal resource permit. We suggest as an alternative to the proposed rule that Section 12.5.l.(p) be revised to read as follows:

"Expenses. The parties shall each bear their respective costs, fees and expenses. The cost to administer the mediation, including any fees, required travel and other expenses of the mediator, shall be borne by the County, provided, however, the Planning Commission in its sole discretion may assess an such costs aga1nst the appl1cant and or part1es to the mediation."

A flowchart setting out the steps for processing the geothermal resource permit application, including the mediation process as proposed by the subject rule change petition, is attached for your information.

TLK:aeb

-3-

GEOTHERMAL RESOURCE PERMIT (GRP)PROCESS

180 ~-da'l_S_ (mav be extended)

at least 15 days I

~~Notice I .; -;.:,;..~,......- . f;:,

'''*

' '--" ... J ~ I

Ye

90 days Yes

5 days I

r -- r I 30 days

r·- .... -..,_~ --<--- -------- ----E---- --- -- ~--

I

------~ i ~- --·---+----~- -~

l 5 at least 10 days f request.

151days 30 days 10 days 30 days

----------------------------~---~~

MEDIATION PROCESS AS PROPOSED BY RULE CHANGE PETITION

Code:

l N

Yes

- --+ --,

....

10 days

1' I I 1' I I

f

.------- )

I

IIDIDDmlml ~OOEJ'iJ YMCA ~~[i)[][J(j'[](!J~ ~~ill '300 W. Lanikaule. Street. Hilo. Hawaii /808-935-7844

Date: November 12, 1987

To: Thomas Krieger, Choirmon Planmng Comm1ss1on, County oi Hawo1i 25 Aupuni Street Hilo, Hawaii 96720

From: Richard Spiegel, Director, 'IMCA Mediat1on Center

Re: Petition for rule amendment - Geothermal Resource Permits

I respectfully request, and thtmk you for, the Plonning Commission's sincere consideration of the following testimony and suggestions:

I would like to qualify my oral testimony from the Comm1ssion's October 20, 1987 public hearing in Kono. I have attached a copy of my written testimony from that hearmg and still urge your s1ncere consideration oi the suggestions in that written testimony.

Speaking before the Commission on October 20, 1987 I stated that I supported the petition of Puna Geothermal Venture and then suggested some changes. I would like to qualify my statement of support by saying that I support the petition in so for as it requires Mediation to be the first method available to resolve disputes that arise out of applications for geotherma I resource permits; but, I do not support the petition 1 n so far as it intends to entirely replace contested case hearings with Mediation.

Suggestion: 1. Require Mediation e~s the first method used to resolve the conflicts that arise regarding the issuance of geothermal resource permits.

2. If it comes to pass that all the issues ce~nnot be resolved by Mediation then a contested ce~se heonng should be the next method e~vailable to resolve the remeining 1ssues; and,

3. the record of the contested case hearing should then be e~vailable for an appeal to the Supreme Court to make o final determ1notion of the 1ssues still in dispute.

Ratlonale: f1edl at 1 on 1 s a power! u 1 process based on open, honest. smcere commumcat1on and cooperation between the parties w1th a 01spute f1ediation, as 1t IS practiced in the State of Ha'r'taii, 1s designed to discover and meet the needs of the disputants and create a solution that 1s mutually acceptable.

\"/hen the needs of the disputants are met it is likely that an agreement between these parties will be acceptable and lasting. For many disputes th1s kind of w1n/win solution can be discovered or created: still. some disputes will not be able to find resolution by means of Med1at1on.

\"!here a wm/w1n solution through Mediation has not made Itself apparent. and an unresolved conflict still exists, a dispute resolution process must be available to resolve the remaimng 1ssues. The Contested Case Heanng and a final appeal to the Supreme Court is still the appropnate forum for the reso1ut1on of the rema1nmg issues that have not been resolved through Med1at1on.

Th1s recourse to the "courts of last resort" with their mtncate rules of proceoure, discovery, expert testimony ano cross exammat1on shoulo not be discarded and replaced by med1ation; instead, Mediation should be added to procedure.

Contrary to what one might think, adding Mediaton to the avallable procedures will he I p speed up the reso I uti on of disputes because Mediation uses facilitated direct communication to resolve appropnate issues and 1s not encumbered by the time consuming court procedures.

Contested Cese Hearings, then, should be made evailable only after a s1 ncere attempt at reso 1 ut 1 on using open communication f aci 11 tated oy trained mediators. Then, Contested Case Hearings \¥ill have to deal wlth far fewer issues and take much less time.

In order to allow for a free flow of honest commumcat1on, the proceedings of a Med1at1on sess1on are confidential and. therefore. not. available as a record for judicial review. As a result, the charge of the House Standing Committee [os Quoted by Puna Geothermal] to" ... assure due process 1s served and provide for an adeQuate record for JUdiCial rev1ew .. will not be met if the Contested Case Hearing, with its rules of procedure. discovery, expert testimony ano cross exammation, 1s completely unavail ab I e.

Without the recora of a Contesteo Case Heanng, an appeal for rev1ew OIJ the Supreme Coun w1ll nave to rely on the memators report. to prov1ae most of the mformat1on to De rev1eweo Dy the court. Th1s w11l place too much of the ouroen tor t.hiS rev1ew on the medHit.or forcing the medHn.or 1nto a role more l11<e a JUdge or an arDltrator tnan a net;trtJI thlnl part'J fac1l1tat.or.

Suggestion: 1 respectfully request that the Planmng CommiSSIOn defer tne1r dec1s1on on thiS matter until a full presentation of the process of Mematlon ana how 1t works can De made to the comm1ss1on

Rationale: Memat1on 1s a relat111ely young process and generally not yet venJ well understood. If the Planmng Comm1ss1on 1s to decide upon as IJSe, a 1s Important. t.hat the Comm1ss1on have a thOrough understanding of how 1t

works, what 1t is and 1s not, and where 1ts use IS appropnete

As director of the Med1at1on Center in Hllo (WhiCh IS fundea DIJ the JUdiCHlry of the State of Hawaii) 1 offer my serv1ces r.o make a full presentation (or help to fmd another appropnate person to mai'e a full presentation) and answer questions from the Planmng Comm1ss1on to nelp clanfy the process of MedHitlon and make ava1leble a clearer ana more comprenenswe picture of the Mediation process.

Than!< you for yo1Jr t.1me and s1ncere cons1derat10n of these suggest10ns

S1 gned: -4--¥;;;.La.o!::::::~---t'-f!JA~<W:l. Dete ~ 1 Richard Spiegel Director YMCA Mediation Center

~l""at.n

OANH:.L J_ KJHANU

\ """ Spo-llke•

HOUSE OF REPRESENT A 1, vES THE FOURTEENTH LEGISLATURE

EMILIO S. ALCON Mapnt) l_.,..def

TOM OKAMURA ~hJOnfy A<- l...adn

PETER K. APO

Hawaii County Planning Commission 25 Aupuni Street Hilo, HI 96720

STATE OF HAWAII

STATE CAPITOL


October 16, 1987

Subject: Petition To Amend Planning Commission Rule 12

Dear Sir/Madam:

3148m

The subject petition, filed by Puna Geothermal Ventiire, is essentially an exercise to change the County rules to conform to the State statutes. As you may recall, during the last session, the Legislature considered and passed a bill eliminating contested cases as they apply to geothermal development. In the past, aJI geothermal applications were subject to contested cases and the Legislature found this to be an overly burdensome and time consum'lqg process. In ;m attempt to expedite the permitting process, contested cases were'"i".e~frorn the permitting procedures relating to geothermal development as it was felt that the normal public hearing process would adequately insure the public's right to be heard on any application and that due process would still be served.

The bill that ultimately was passed, which was handled by the Judiciary Committee in the House which I Chair, provides for mediation to be allowed in place of contested cases, however, all other substantive issues remain the same. The details of how this change is to be accomplished on the county level is left up to the individual counties and that is the purpose of the subject petition.

As we aU are aware, geothermal development is, a potential cornerstone of our future economic and social wen being. It is an opportunity that we must aU strive to turn into a reality if we are to move into the future with any meaningful degree of energy security. In recent times we have been reminded by the attacks on oil tankers in the Persian Gulf how vulnerable we are to affairs over which we have no control. We are also forced to face again, the consequences of being cut off from our primary energy source, oil, and the need to diversify and develop our indigenous energy resources as soon as possible. It is for these reasons that the Legislature felt it necessary to remove a time consuming and somewhat redundant procedure in the way of contested cases, and I therefore urge you, the members of the Hawaii County Planning

Hawaii County Planning Commission October 16, 1987 Page 2

Commission, to amend your rules to conform to the State statutes as quickly as possible so that the public, governmental agencies, and private companies will be clear as to the rules under which geothermal activities are to be permitted.

With full respect for the authority vested in the Hawaii County Planning Commission, and the wisdom with which this body will deal with the question at hand, one thought is offered in closing. Having deliberated, at considerable length, the virtues and disadvantages of all aspects of Rule 12, a decision was made to adopt the rule in its present form. It is necessary to now amend the rule such that it conform to a change in state law and that is the task before the Commission. Over time and through the application of Rule 12, it will be possible to.determine whether additional changes are necessary, and although it is possible for the Commission to consider other changes even to tl!e extent of completely restructuring the entire rule, ius better to deal only with the issue of conforming to the state law at this time.

cc:

I hope my comments are of assistanc tions.

./

WAYNE 'Ml::TCALF Chairman Committee on Judiciary

Mayor Dante K. Carpenter .,/ Lono Lyman, Hawaii County Planning Director Stephen K. Yamashiro, Hawaii County Council Chairman

ol(_ < '''1' , ~.[ >, T

... >.JO".ITY ctA0[ P

., ASSIST ANT MA-!ORITY LEADERS

8·./0Si:.~- Be 4:;:.. r.AA-lORITY FLOOR LEADER

S'E/f COBB

.O.$S1$TMH r.AA-!OFUTY FLOOR U.O.DERS

• s:::o;...;,:."..;J~ ":os::.v,;s-·

M"--ORtTY POL-ICY LEADER

, , k,)T :)'\, ~ ·,•, r-'~E

'/t.R'r-JA',;<:; '.':J .. 1·_.::~:)2 A$$!STANT r.AA-!ORITY POLICY LEADERS

R•Cri,F·O Ht'<.JERs.:Jr, UI"'ORITY LEADER

MAI"lY GEOR3E UINORITY FLOOR LEADER

>:8ST o:s-;-r<·:::T RICHARD HENDCRSON

SLCOND D:STR.CT RICHARD 1o! r.AATSUUR"'-

TH<RJ DISTR,CT r.A_.,LAio!A SOLOMON

FO'.JRT---1 Q:STR C1 lo!AMORU Y.O.M"'-5 ... !(1

Fi"'H QISTRCT RiC!\ RHO

S'l<'TI- Q,ST'1tCT RON MENOR

S~··.t:C"J'·~ DtS'R,CT

GER.O.LO T HAGINO

[:G••i•' CJ'STRt,'l JIM ... Y WONG

N:Nlo• D'SlRICT CLAYTON H W HH

TENT'! O.'SlRI~~ r.AAII¥ GEORG£

E~EVHH>-0 LYSTRtC.T DONNA R 1!\EDA

:v.-c~•n· 0'5-,-R:.::T STEVE COBB

Trl 1 RTft:N:H D!STRIC~ BERTRAND 1\0ilAY"'-SHO

fCJ'JR~~~ '<1.., 0:3'rl ::::· ..... , ~Ol!AYASH

RU$$[Ll BLAtR

ANTHONY !\ U CHANG

f ·-J~-n~Er·'·' iJ c;rh :::-.· IJILTON HOLT

JOS[PH l_ KuROGA

-- ..

(.L h r §rna t r '

<r:I1c Jl: ourtrrntlj 1Ccgislnturc nf tl~r

.:§tntr vf 1-lntunii

STATE CAPITOL HONOLULU. HAWAII 96813

November 13, 1987

Mr. Thomas A. Krieger, Chairperson Hawaii County Planning Commission 25 Aupuni St. Hilo, HI 96720

Dear Mr. Krieger:

As we are all aware, geothermal development is vital to much of our future.economic and social well being. It is an opportunity that we must diligently work towards if we are to move into the future with any meaningful degree of hope of controlling energy costs and availability. In the past we witnessed how helpless we were when faced with oil embargoes and dislocations in t~e transportation sectors, and we may be faced with that same scenario unless we aggressively and quickly develop our indigenous energy resources now.

During the last session, the Legislature felt it necessary to remove a time consuming and somewhat redundant procedure in the way of contested cases as they related to geothermal applications. The Legislature found this to be an overly burdensome and time consuming process, not conducive to expediting the development of this valuable resource and somewhat redundant in terms of providing adequate opportunities for review. Critics argued that to remove contested cases would take away their right to due process; however, the Legislature found that due process would be adequately preserved. The subject petition, filed by Puna Geothermal Venture, is essentially an exercise to change the County rules to conform to the State statutes. The details of how this change is to be accomplished on the county level is left up to the individual counties and that is the purpose of the petition filed by PGV, and the hearing today.

The policy has been set by the Legislature. It is now up to the Planning Commission to develop

Sotnlr lli 1-laknaii

1f our1rrntl~ Lgislnturr

Q: l~r ,Srnntr

the rules under which the policy will be implemented. Whereas you already have in existence Rule 12, and there is a petition to amend that rule in order to make it conform and implement the stature, I urge you to quickly adopt the recommendations in the petition so that we can move on towards a brighter future and not be caught as we once were during the energy crisis. The time to act is now.

Sincerely, /'. ·-----,

. __ , .. - . / / . ~~ / ~ --~-· ~ '·:: /,- ( ) -Senator Richard M. Matsuura

Cifixqts for 'fi.espon -:61£Energ!f Derdoyrvzrwii:h:!lioft.aflinflCllEDM POJ3ox 574

. :MJ;; View, g.{ awaii 96771

Honor~ble Commisioners and Sovereign Citizens:

We would like to thank you for this opportunity to present our comments

on the proposed amendments to the County's Rule 12 governing Geothermal

development permits. First, we are happy to note that, for the most part,

these amendments are in compliance with Article XVI, Section 1; of the Hawaii

State Constitution in that the language is indeed "plainly worded". Peyonc

that, however, we have a number of concerns regarding the leg§lity of certain

provisions.

It has long been held by the Courts that "intent is :>o::- of ·the Law"=

one of the intents of Act 378, the act which authorized these amendments, was

to speed up the geothermal permitting process, and there is no question that

these amendments do just that! P.owever, the committee report attached to 1181357

(Act 378) states, "(Y)our Committee has directed the affected agencies ( in

this case, the Hawaii County Planning Commission ) to take responsibility for the

rulemaking that wi 11 assure due process~ served and provide for~ adequate

record for judicial review. These procedures should include, but are not

limited to, notice to interested parties, transcripts of proceedings, II

(emphasis added), and it is here that these amendments are seriously deficient:

Page 7, Paranraph 12.5.1 (j); Confidential informatio~isclosed to the

mediator by any party ... shall not be divulged ... to anyone. All records,

reports or other documents ... shall be confidential. The mediator shall not be

compelled ... to testify ... " regarding what he or she has r.eard; Page B,Paragraph

12.5.1 (k), "The parties shall maintain the confidentiality of the mediation

and shall not rely on, or introduce as e~idence in any .... proceeding: (ii)

statements or admissions made by any other party in the course of mediation

proceedings;" ; Page 8, Paragraph 12.5.1 (1); "Stenographic Record. There

shall be no stenographic record or electronic recordation of the mediation

process." lie ask how, if there is NO record, this can be considered "adequate"?

Page 4, Paragraph 12.5.1(a); "The Planning Commision shall not be a

Party to the mediation, and shall not be permitted to attend mediation con

ferences." taken with the fact that there is NO record except the mediator's

report, how then can the Commission carry out its function under the County

Chartcer to "represent the community" and "Advise the Mayor, counc i 1 and the

planning director ... "?

Page 6, paragraph 12.5. 1(g); Mediation shall be confined to the issues

raised at the public hearing by the respective party or parties requesting

mediation." would exclude the introduction of newly discovered but relevant

information from the mediation process.

Page 7, paragraph 12.5.1(i) Privacy, ignores the intent of the State

Sunshine Law and, taken with all the above, simply goes toofar by totally

excluding the public from exercising their right to judge the fairness of the

mediator's decision, and by relieving all public servants from any accountability

for their decisions.

Page 10, paragraph 12.6, Criteria for Issuance of Geothermal Resource

Permit; the phrase "by a preponderance of the evidence" should be retained.

Those asking for the privelege of developing our geothermal resource MUST show,

by a preponderance of the evidence, that such development will no~adversly

affect the rights of citizens, such as thos~ights recognized in Article XI,

Section 9 of the Hawaii State Constitution entitled Environmental Rights.

Finally, we feel it is appropriate to quote from the Preamble to our

State Constitution, a document and contract which you as public servants have

taken an oath to protect and defend:

~e, the people of Hawaii, grateful for Divine Guicance, and mindful of our

Hawaiian heritage and uniqueness as an island State, dedicate our efforts to

fulfi 11 the philosophy decreed by the Hawaii State motto, "Ua mau ke ea o ka

aina i ka pono.'' •

' ~

''

We reserve the right to control our destiny, to nuture the integrity of our

people and culture, and to preserve the quality of life that we desire."

We as citizens ask you as our pub] ic servants to consider carefully the testi-

monies you have received from the public in these hearings in making your decision

on these amendments. Mahalo.

MOKU 0 LOA 0 GROUP SIERRA CLUB • HAWAii CHAPTER

Testimony on the Petition for Amendments to Rule 12 of the Planning Commission Rules, November 17, 1987

The purpose of the Planning Commission's Rule 12 on geothermal resource permits is to help the Planning Commission arrive at a fair, informed, and impartial decision on these very important applications. The Sierra Club has consistently urged the use of the contested case procedure as the most effective fact-finding tool for arriving at a sound decision. This procedure is well understood, tested by time, and preserves the legal rights of the parties. Due process of law also requires that the environmental and property rights of people affected by these activities be afforded the procedural safeguards of a contested qase hearing.

The procedure being proposed by these amendments--where an administrative agency will issue a permit affecting substantial property rights after a public hearing and mediation procedure--is new in Hawaii and extremely unusual in administrative law generally. This Commission should approach with care and thorough preparation the procedures it will follow.

The Sierra Club would like to offer for your consideration a number of comments and suggestions on the amendments to Rule 12 now being proposed which we believe would improve the decision-making process, expedite the conduct of the public hearings, and clarify significant ambiguities in the proposed amendments. However, we believe that as a matter of law and policy a hearing incorporating contested case procedures is highly preferable. We would like to group our comments into the subject areas of fair notice, hearing procedure, and mediation process.

Fair Notice

The Legislature has directed the agencies involved in geothermal development permitting to develop procedures for fair notice. Sen. S.C. Rep. 11188 on H.B. No. 1357, H.D.1 (1987). Adequate and timely notice is essential for interested parties to prepare factual and informative testimony. This in turn will aid the Commission in its deliberations.

Under the proposed rule, the notice of hearing could be mailed to property owners fifteen days before the hearing. Published notice may be given, apparently once, fifteen days before the hearing. This is much too short a time for affected residents and interested parties to prepare testimony on the

compelled in the public hearing to address all of these issues in their testimony, in order to protect their right to fully participate in mediation, whereas they might otherwise be content to rest on the presentations made by others on the same subject. The result will be a multiplicity of repetitious testimony. We do not wish these hearings to become filibusters. One way out of this dilemma is to allow parties to preserve their mediation rights by incorporating by reference in their testimony comments of any and all other witnesses.

A second hearing if mediation has failed to conclude an agreement should be mandatory in order to provide final input and rebuttal on disputed issues. There should also be a period at the end of the first hearing where parties can offer rebuttal testimony.

Full, complete, and accurate information is essential for sound decision-making. The rule should expressly provide for the subpoena power so that the Commission can obtain the documents, data, and testimony necessary for it to make an informed decision. Without it, the Commission cannot obtain the testimony of those who may have the closest personal knowledge of the issues, and is limited to documents and data voluntarily produced by the parties. In this area, much of the information necessary may not be publicly available. There should also be a provision for parties to request the Commission to issue the subpoena for specified witnesses or documents; the decision to do so would be in the discretion of the Commission.

The final suggestion we have is that the rule should incorporate some opportunity for parties to question witnesses. Everyone who has ever sat through a public hearing has had the feeling that some questioning of certain speakers' qualifications, unsupported assertions, and unexplained assumptions would serve the cause of truth. We believe that applicants and other parties would welcome this opportunity. There is no legal prohibition against the Commission allowing questioning of witnesses by parties in a proceeding such as this. The chair would have the right, of course, to control and limit the length and scope of such questioning.

Mediation Process

To facilitate mediation, the rule should allow parties to designate in writing others to represent them (and raise issues they were entitled to raise) in mediation. This may reduce the number of people who must actually be involved in the mediation conference.

The rule should make explicit what we believe is the

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Wendell Y.Y. lng Allorru·y .1! L"w

Oto Professional Bldg. 41 Laimdna Street Hilo. Hawaii 96 no (808) 935-4151

TESTIMONY ON THE PETITION FOR AMENDMENTS TO RULE 12, R ELAT lNG TO GEOTHERMAL l~ESOURCE PERMJ TS

These comments today capacj ty only and reflect no

are offered in my personal one's opinion except my own.

By way of background, I did participate in several contested case hearings regarding proposed geothermal development by Campbell Estate/True/Mid-Pacific Jo.int Venture, in the Kilauea rift zone. My participation was as one of the attorneys r {!present i_ n g S j (~ r r a C 1 u b, t he Au d u bon Soc i e t y, and v a r i o us community organizations such as the Volcano Community Association, and private individuals.

J l1avc read thP testimony of the Moku Loa Croup, Sierra Club, llawaii Chapter, and find those comments to be well-taken and worth your ser:ious considcrat.i.on. 1 believe that the current contested case process :is preferable to a mediation process as p r o p o s (-' d i n t h e R u 1 e l 2 a m e n d m e n L s b e f or e yo u. l n t h c <Jitt•rJI<-ttive, if a metlialiort process is to lJe adoplet.l, it would havL' to r('LJ.in thL• posit.ivc aspects of a contested case heari-ng, otherwise mediatior1 would be relatively worthless.

~lr. Susumu Ono, the previous Chairman of the Department of Land and Nat ural Resource:-:; who presided over several geothermal contested case l1earings, has gone on record in support of keeping coJltcsted case hearings for geothermal permit applications.

Gc•othermal energy is a new venture for Hawaii, a heavy industry that can be extremely polluting. It is imperative that it be bL• pr·operly sited and have adequate controls, _if it _is to be acceptable to the surrou11ding communities and public who will have to bear the adverse impacts.

Not onJ y is it entirely proper to have contested case hcar.ings in such a matter, l.t is also necessary. Bow else will bodies such as planning commissi-ons be able to evaluate the opinions o( the experts with vastly differing viewpoints, to be in a good position to make truly informed decisions? One thing 1 h11VP certainly learned as a lawyer is that you cannot blindly accept somcone's op.inLon just because he is an "expert". The opinjons u[ experts must still be subjected to rigorous scrutiny b"fore they should be accepted or relied upon.

For example, in the first geothermal hearing, a geology <>xpr•rl, Charles llels lf'y lestj fied (for CampbL•ll Estate) that he IH_,_l_i Pved il was highly unlikel.y that the area in quest ion would be overrun by lava within 100 years. The Sierra Club's experts disa~rced. Less than one yc•ar later, Campbell's initial proposed s i l e was overrun w t t h lava.

Had been no contested case hearing, presumably Campbell's application for geothermal at Kahauale'a would have been granted much earlier. Their project might have been well underway when lava flowed over their initial drill sites and power plant locations. One can only guess at the scope of the environmental and economic disaster that would have resulted.

Based upon testimony at the first Kahauale'a contested case hearing, the DLNR actually decided upon a land exchange to move geothermal away from the upper east rift. Would such a result have happened if the DLNR had not been educated in the adverse impacts of geothermal via the contested case hearing process?

Likewise, in the middle east rift contested case hearing, after hearing all the evidence, the DLNR forbade geothermal in certain biologically significant areas, and redrew the boundary Unes of the area in which geothermal was permitted. Would such changes have occurred unless the various experts' opinions had been tested via cross-examination, which gave the DLNR more information upon which to base their decision?

Developers often complain about the cost and the delays inherent in allowing contested case hearings. It is important to remember that when a segment of the population decides to file for a contested case hearing, as the Sierra Club, Audubon Society and Volcano Community Association did regarding Kahaualea, athose people are committing themselves to countless hours of .volunteer time, raising money, etc., with resources that are much, much more limited than that of the large corporations who are seeking to be allowed to develop. One doesn't file for a contested case hearing just for the fun of it. From personal experience, I know that many of these community members (including myself) donated hundreds of hours of time in order to be able to present the community's side of the case. To me, this is true democracy at work.

As a lawyer, I can certainly sympathize with people who feel that the legal process sometimes slows down progress. The thing to remember is that often, the quality of the progress is often improved after a developer's proposal and its experts are tested in the crucible of a hearing where the proposal can be really scrutinized and the experts can be cross-examined. Here in Hawaii, where our environment is so special and our resources so limited, it behooves us to err on the side of caution for the sake of the community at large, not on the side of uncritical acceptance of a devloper's plan.

Thank you very much for this opportunity to express my point of ·view.

Very truly yours,

/::62 /-=-)--T----Wendell Ing <__.~

.,

476 HINANO STREET PHONE (808) 961-6123

am/ ' z;/,m-fy ,;

HILO, HAWAII 96720

TESTIMONY SUPPORTING AMENDMENTS TO RULE 12

Hawaii County Planning Commission Chairman Thomas Krieger

November 17, 1987

Chairman and members of the Hawaii County Planning Commis

sion, my name is Carl Watanabe, vice president of the Japanese

Chamber of Commerce and Industry of Hawaii.

As you may know, our organization has consistently support

ed those activities which we have determined to be in the best

interest of our community, and in the case of geothermal develop

ment, have found there to be a critical need for the most expedi

tious utilization of this energy resource. Further, we have

found the private development companies to be proceeding in a re

sponsible manner and we have, therefore, wholeheartedly supported

them as well as the concept of geothermal utilization.

When the Legislature of 1987 convened, all geothermal per

mit applications were subject to contested cases which we believe

to be unnecessary and an unreasonable hindrance to the growth of

geothermal activities. The Legislature apparently agreed with

our position as they passed H.B. 1357 Relating To Contested Cases

(Act 378) which eliminated contested cases and replaced it with

mediation (if requested by an intervener).

Whereas the Puna Geothermal Venture is currently preparing

their final EIS for their 25 megawatt project near Pohoiki, they

will be coming to the Planning Commission soon for a geothermal

permit which will be governed by the applicable laws of the State

of Hawaii and the Hawaii County Planning Commission Rule 12.

Because of the changes to the state statutes made by Act 378, how

ever, there is inconsistency between Rule 12 and state law. In

order for this to be corrected, it is now necessary to amend

Chairman Thomas Krieger Page 2 November 17, 1987

Rule 12 with the appropriate language which we believe in contain

petition currently being considered by the Commission.

As the policy making body, the Legislature has already estab

lished that contested cases are not to be part of geothermal appli

cations. The Planning Commission must now implement that policy

and we believe that the amendments to Rule 12 must be expedited so

that all parties involved, whether they be the applicant, interven

ers, the general public, or other governmental agencies will be

clear on what the ''rules of the game" will be. If there is uncer-

tainty about the rules when Puna Geothermal Venture or any other

company comes before the Commission with an application it is like

ly to cause confusion, misunderstanding, and possibly distrust.

This is not the way geothermal issues should be dealt with and we,

therefore, urge all members of the Commission to adopt the amend

ments to Rule 12 as soon as possible.

In closing, let me be clear in saying that we agree with the

language, as presented, in the PGV petition for amending Rule 12.

Fu~ther, that we believe these changes will eliminate the current

inconsistency between Rule 12 and the statutes, and will be in the

best interest of the greater majority of the members of our com

munity. We ask for the Commission's due haste on this issue and

thank you for the opportunity to express our thoughts on this very

important matter.

'q h'ol+ o,

_ 11 agencies, who submitted comment at the public hearing may, upon adverse heo!fh, environmental, or socio~economk ettects on residents or appropriate request, seek mediation of issues rai:;ed by that person at the initial surrounding property; and ,......

---"

public: hearin . U on recei t of on a ro riote re uest, the P!onnin Commission b. The proposed geothermal development activities would not unreasonably s I! require the parties to portkipale in mediation. AU appropriate reques'ls for burden public agencies to provide roods and streets, sewers, water, drainage, scho'?l mediation shell be consolidated in o single mediation conference. The Planning improvements, and police and fire protection; and Commission shall not be o party to the mediation, and shall not be permitted to c. There are rea.sonoble measures ovoilable to mitigate the unreasonable adverse attend mediation conferences, The Planning Deportment mot be a party to the effects or burdens .-eferred to above. mediation if it makes on appr9priate request. E. Amend Section 12.7 as follows:

b. Requests for Mediation. A request for mediation shall be mode in writing to the 12.7 Action Planning Commission, shoU contain a brief statement of the issue or issues raised by a. Unless there is mutual agreement (by the Planning Diredor, the oppllcont, and, if thot person ot the pubBc hearing, and shall contain the nome, address, phone applkoble, any inteJVenors in o contested case hearing) to extend the period of time number and signature of the person requesting mediation. for the Planning Commission's action, the Planning Commission shall toke action on o

c. Time for Submission of Request. The original and ten copies of the requesl for properly filed and complete application within six months {180 doys) of the dote a mediation shaU be filed with the Planning Commission within five days after the dose (properly filed) complete application is (officially accepted)_filed; provided that (if a of the initial pvblic hearing and one copy of the request shol! be served on the contested case hearing is held, the Planning Commission shall toke ocfion within nine applicant. months (270 days) of the date a properly filed application is officially accepted.) the

d. Appointment of a Mediator. VV'ithin five days after receipt of a timely request, time limit may be extended by agreement between the applicant and the Planning the Planning Commission shall oppcint a qualified mediator. Appointment of the Commission. mediator by the Planning Commission .shall be final, except as provided in Section F. Amend Section 12.12 as follows: 12.5. i.e. 12.12 Appeals

e. Qualifications of Mediator. No person shaH serve as a mediator in any dispute \Any person aggrieved by th~ action of the Planning Commission in the issuance in which that person has any financial or personal interest in the result of the of o geothermal resource permit or on amendment of condition or permit under mediation, except by the written consent of all parties to the mediation. Prior to section 12,9 sho!l be entitled to appeal such decision to the applicable court of the accepting an appointment, the prospective mediator shall disclose any circumstances State of Hawaii.) likely to create o presumption of bios or prevent the prompt comeletion of the o. Any decision made by the Planning Commission pursuant to a public hearing or mediation. Upon receipt of suc;h information, the Chairperson shall either replace ~he hearings under this rule ma be a oled directf on the record to the su reme court mediator or immediately commUnicate the information to ..:the parties for their or ina! ecision and shall not be subject to o contested case hearing. Sections comments. In the event the oarties are unable to agree as to whether the mediator 91.14 b and 9t Hawaii Revised StoMes, as amended, shall govern the appeal1

shall serve, or in the event the appointed mediator becomes unable or unwilling to notwithstondin the lack of o contested cose heorin on the matter. The Plonnin serve, the Chairperson will appoint another mediator. The mediator shell not be an Commission shall provide a court reporter to produce o transcript o the procee ings employee of any County agency or its staff. at o!l public hearings under this rule for purooses of an appeal.

f. Notice of Mediation Conference. The opplicont end ony person submitting a b. For the purposes of on appeal from o decision from a public hearing, the record time!x request for mediation shol! be notified by the Planning Commission of the shaU include: dote, time, and p~oce of the first mediation conference by depositing such notice in 1. The opplicotion for the permit and oil occomponyin sv ortln documents, the moil to the return address stated in the opplicofion ond in the request for t not limited to: re rts, s ies, davits, statements, and exhibits. mediation, The notice shall be mailed no later than ten days before the .start of the recommendations m County agencies submitted to the Planning mediation conference. Commission in considerction of the application.

g. Mediation Conference. The initio! mediation sess:ion sha!l be held within 15 days 3, Oral and written public testimony received at the public hearings. after the appointment of the mediator. The mediator shall fix the time ond place of 4. Written transcripts of the proceedings at the public hearings. each subsequent mediation session. The conference shall be held within the County 5. The written recommendation received by the Planning COmmission from the of Hawaii unless o!! parties and the mediator agree otherwise. The mediation period mediator with any mediation agreement. shall not extend beyond thirty doys after the initial mediation session, except by 6. A statement of relevant motters officially noticed by the Planning Commission order of the Planning Commission. Mediation shall be confined to the issues raised ot and/or any of its members ot the public hearings. the public heorin b the res dive or orties re uesting mediation. 7. The written decision of the Planning Commission issued in connection with the

h. Authority of Mediator. The mediator shall attempt to help the parties reoc a apphcot1on and public hearings. sotisfOctory resolution of their dispute, bUt shoJI not hove authority to impose o B. Other documents required by the Planning Commission. settlement u n the rties. The mediator rna conduct io.int and separate meetings Copies of the proposed amendments are an file for public inspection at the offices

b with the parties and make oro\ and written recommendations or se ement. of the Planning Deportment in the County Building at 25 Aupuni Street, Hila, Hawaii,

i. Privacy, Mediation sessions shot! be private. The porties and their representatives and in Koiluo·Kona, Hawaii, during norma! working hours, All commenk should be shall hove the right to attend the joint mediation sessions. Other person$ may offend filed with the Planning Commission before or at the public hearing. only with the permission of aU parties to the mediation and the consent of the PLANNING COMMISSION mediator. Thomas A Krieger, Chairmon

f. Confidentiality. Confidential information disclosed to a mediator by ony party in By Albert lono lyman the course of the mediation shall not be divulged by the mediator to ontone, Planning Director

1 including other parties to the mediation. All records, reports, or other documents {805-Hawaii Tribvne~Herold: September 30 1 ~">" ....

·~3. PatLiCtil l~. o~~oclc

Uc:r-:...:ty Cc:r~Jor~tt ioLt Coi.lr:..:_;cl Oi-~icc {;J:: t;1c Cut[Jv.::-.::cticn Coun.:.:;~:~l

(.(;i.if~tj Of b,,)H'Ol i ~-.::... /~upuni DtteL:!t i:~ i 1o, I~·--l\/:: l.L ': (. 7 20

'' .L _.' \.

LilGd ili tj1c

H6-C30.. Your "'(_.,._,\_ uC ;;.:_,:rk.c:; v~;. n;;_taJonu, ct (-tl, Civi.l C<::tsc: No. cont.:jnuc:_-. coopcr;·-\tiorJ \.Jlth the· Divisior~ o;: tfc.:.tcr ._tr:(:! ih':'Vt..-:lot:c~cnt o·C tl10; ;;.:__-.partn.:::nt rJf L.::.u1{1 ,:::,rHJ t.Jat:.trd J. :'r-.::atl~{ .:~r~r~Iccidt0d.

/· ;__

r·:..:\t-lA!~l1 T/'-.GOI10l:·_I :!~~nas(;:::r-ChJ.L'i Ln'~_,i~-iC:t'r

-; I

DANTE K. CARPENTER MAYOR

',__ '.i ···' RONALD IBARRA CORPORATION COUNSEL

TELEPHONE NO. (BOB) 961-8251

·~ ! ;: 1 \ B I j 4

COUNTY OF HAWAII 'Ill; I"· \/) TFR & OFFICE OF THE CORPORATION COUNSE~ ·- PT

25 AUPUNI STREET L1, !u .... _. j 1C.1i 1 HILO, HAWAII 96720

October 22, 1986

Mr. Dean Nakano Department of Land and

Natural Resources Division of Water and

Land Development State of Hawaii P. o. Box 373 Honolulu, Hawaii 96809

Dear Mr. Nakano:

Re: Marks vs. Batalona, et al., Civil 86-638

I understand from Rodney Nakano that your department has received a document in the above-referenced matter and would like copies of the other material filed in the case. We nave received three documents, copies of which are enclosed.

If you have any questions, please let me know.

PKO:h Enclosures

Very truly yours,

RONALD IBARRA Corporation Counsel

By~ ~, 0 1-ftn:s~ PATRICIA K. O'TOOLE Deputy Corporation Counsel

' ! niK'J C!RCU/l COURl

5 141E Of HAWAII -,. -n r- '. ~ \.)

Stuart Marks,Peo se Box 616 Kurtistown, Hawai'i 96760

198!i SEP 16 PH 3: 26

H. 1 SUJI CLERK

IN THE CIRCUIT COURT OF THE THIRD CIRCUIT

STATE OF HAWAII (:)o-638

STUART MARKS and ) CIVIL CASE NO. 1 to 100 OTHER CONCERNED ) /-IILO

CITIZENS, ) SHOW CAUSE ORDER AND DEMAND )

v. ) • AT-LAW •C)

PEARL BATALONA, ) n

BARBARA ANN KOI, THOMAS ) (...-' ,.... , KRIEGER, CLARENCE MILLS, ) -u

) :.:n

GARY MUIZUNO, TOM POY• :r··- LO __ , DONALD THOMPSON and ) ~'()0 OTHER INDIVIDUALS OF ) :po THE -rl :Z

~ DEPARTMENT OF LAND AND ) =o NATURAL RECOURCES, AS ) >O = ::lE c THEY ARE DISCOVERED. ) J>Z -<="

) =(f) en ,.,

) .-

SHOW CAUSE ORDER AND DEMAND

AT-LAW

Comes now the plaintiffs, Stuart Marks, et. al., to

demand that the defendants, Pearl Batalona, et. al., show

cause why they should not be sued for violations of their

Oaths of office and responsibilities.

JURISDICTION

Jurisdiction for this suit comes under the U.S.

Constitution, Amendments 5,7,IX and XIV and the Hawaii

Constitution, Article 1, Sections 2,3,5,6,7,8,13, and

20; Article XI, Sections 1 and 7.

Plaintiffs also claim jurisdiction under HRS §342-21

-1-

;;o ,., 0 ,., < rn 0

I '

(Air pollution), §342-3l(Water pollution) and §342-41

(Noise pollution).

REASONS FOR COMMISSIONS

.•• that 9overnment was instituted to pr.omote the welfare of mankind, and ought to be administered for the attainment of that end. Declaration Of The Causes And Necessity Of Taking Up Arms, July 6, 1775, ~1 •

.•• Honour, justice, and humanity, forbid us to tamely to surrender that freedom which we received from our gallant ancestors, and which our innocent posterity have a right to receive from us. We cannot endure the infamy and guilt of resigning succeeding generations to that wretchedness which inevitably awaits them, if we basely entail hereditary bondage upon them. id. at ~11.

That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government ••• Declaration of Independence July 1776, at Philadelphia, ~3.

Sec. 13. And for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory; to provide, also, for the establishment of States, and permanent government therein ... Ordinance of 1787: The Northwest Territorial Government

The government was made to serve the public, not

vice versa.

HISTORY OF THE CASE

The plaintiffs maintain that there .have been numerous

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violations of existing lax standards. The present standards

already violate our(the citizens) right to clean air, water,

noise, etc and further violations exacerbate the infringement

of out rights.

The specific examples start with the month of October,

1985.

l) Thermal Power Co.'s 1-A well sent a plume of steam 200'

above the well, recording 115 decibles 100' away. This is

in direct conflict with the 55 decible standard set by theit

own regulations.

Also during that month the H2S ambient air backstop

level of 100 ppb was exceeded for the whole month.

Thermal Power Co. contracted with an independent

laboratory to test for concentrations of Pb, As and Hg in

nearby water catchment systems. The test showed on the

samples submitted on October 17, 1985, that Pb and As were

1,000 times greater and Hg was 500 times greater than tests

submitted on November 6, 1985, for the same catchment systems.

2) The aforementioned data shows a clear violation and

disregard as this data comes from the County's own special

permit 468, Thermal Power Co.'s permit.

DEMANDS

l) The plaintiffs are dissatisfied with the present standards,

the violations of the standards and promise(?) of future

infringement of plaintiffs' Rights to freedom from pollution.

The olaintiffs will begin court action(At-Law) within twenty

(20) days unless defendants can show cause why they should

not proceed.

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·. . :"' '

2) The plaintiffs demand that the defendants pay the cost

of issuing this document, i.e. $80.00 filing fee, $100.00

transportation costs and $500.00 for legal research, a

total of $680.00.

3) In your answer to the Show Cause, the plaintiffs demand

the defendants to show what gives the defendants authority

to act in direct conflice with aforestated laws and conditions.

The plaintiffs demand an answer to the Show Cause

and if no answer is forthcoming then:

Admissions £Y silence. If a statement is made by another person in the presence of a party to the action, containing assertions of facts whi~h, if untrue, the party would under all the circumstances naturally be expected to deny, his failure to speak has traditionally been receivable against him as an admission ... Black's Law Dictionary, 5th Ed. at p.44.

The action filed by the plaintiffs will be under

Title 18 §§ 241,242.

CERTIFICATION

Plaintiffs hereby certify that all the aforementioned

accusations are true and correct.

Dated: September 16, 1986

Stuart Marks,under penalties

of God Almighty.

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< •

Stnart Ha1::·l:[j. lTO ~-;e

Box 616

RECEIVED

'Rr: ocr 3 A/1 9 I 0

Kurtistown, ~nwz1i'i 9·~)GO 'l'f t,T: 0 fl COUNSEL

STT.JJ\HT t·hUL~i and l to 100 ' CIJ'I6EN~:;,

,,,,, ! ,, ... ,

v. lluintiffr-_;,

J:Lf-~!\L 3.AT/,J_,(JU/,,

B1.~<BAHi1. ,'.J'IU Kld, Tl:•,;!Ji\;._~

KlHEGEJl, Cf, .. :,SliCE IIJLLS, GJ\i:'l l·:U ZUiiG, Tot-: IC1 Y, and DONALD 'J'Iliilll ,ii.N

JJcfend:n1 L.s.

0ervc•.~ ....

'1 ])1 if

' ' ~ • l

thi.s action o_r; d0fcn :1nts.

ihL

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C_i VlL \;,,;.__,~-~ i·;u. ! I J . n

t'.li i·:\.1/. i. ,· ;:•r \i C.·.U: -~~

t_.::JJ .. · ,·\1 1· DF:r:.,o,;.:u :~'['-L;-,\,.J

r' ', :.; ' C' '· " ' . ' [:() ;--1' : l .'l'..

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1111(](•l'

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'II l 11 · .(•d l_n

onl \'. ~

'J'he :·1mcn··lmr·nt:-: h' L11i:; r;r-cLj, n ;,('· 111 vi l.l1;

l·'owcr Co.'~ l-n wr·J

recordin,.· f'.o decih1er; a 1\·roximaLl.\ l mile: ;t· .. ;,l:·, .. ~'ltir~ i;; ir.

were excef_·dccl.

!L\Wfll

.

of -t .. he month oft ct. l')· 1~· 1 ,r~ccorclin: l~o ,::.:L; J.r·, ':': 1,

No .. L~::.S. ·:'he re;llu_i_ndr:r of l) .•_;LntHi:·

ccir1l i_ ermit

2) On June ;-:3, l9RG ·ric conducted n. r:cu_; bld'!l afte1· it'o ?am

-1-

- . Lelnni Ec>L:ttc0 rc.sidc•nt Lc•c·1led n ;•roximal:ly 1 mile from the drill

.site, vJas unable to reach l'~ C to rP.r7:i ::_;te!'' her complaint of a strong

odor similar to t1_1rnin:~ rubl1cT. '_·'i C 1 s pcr:·-i t nlso rec1uires that

they have so~'Jeonc CJ.vnilcl1'lc ~~~hrs .. a cln:l to take calls.

')'

; }:tinti_ff~-~ h'·re',~· ('.--'t'l.if•· l.!~nL :1ll U1c tlforr:mentioncd

nccusati.·ns nre true and correct •

Dated: ~eptember 29, 1986

. 3tuart }'arks, under penal ties

of God ~lmir~hty.

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•

CEHTIF'IC/,'l'L <•Y SEHVlCE

I, the undersigned, hereby cer~ify lh~1t a true and correct

copy of plaintiffs' flr,END!,;,fl'l' 'l'C• SLO •. Ci\IJS:c G!;D>m f,ND DEEAND, was

delivered to:

Pearl Batalona Box 1290 Honokaa, Iii. 96727

Barbara Ann Koi Box 236 Naalehu, Hi. 96772

Thomas Krieger 1791 Waianuenue Ave. Hila, Hi. 96?20

Clarence Mills Box 1289 Kamuela, Hi. 96743

Cary :i:::.11no l ilo Conr;t.r·uci.ion, lnc. 2~'~:? .r;i.1 vw Sl.. :iilo, Ei. S1(/;·?c!

'11 om Fo~y ; ~~__, ': ;~I!

i .::u [·:a!tochoe, ~rj_. :;t~~ 1 01J-

. ·ono.lc1 'i'horn;•c;on

;··.-t.;-·tt• of Prl\· 1 ~·lii

.. r· rllU'llt of L:tnrJ aruf Tfntural f:e;,ources :'.ox 6?1 llonolulu, IIi. 96809

Scuar •ar s, P a1n 1ff, At-Law

cc. to Sheriff of the Coun Ly of Hav1::1ii

Stuart Marks, Pro se Box 616

)

Kurtistown, Hawai'i 96760

IN THE CIRCUIT COURT OF THE THIRD

1986 OCT -7 At·t II: 40 CIRCUI'BuA''LI:~;·· 1; '·'A"'A -~~:.:.'.::.' .;:·!.;.;' :.::;;· .. L ". u, \ n

CLERK STATE OF HAWAII

STUART MARKS and ) CIVIL CASE NO. 86-638 l to 100 OTHER CONCERNED ) HILO CITIZENS, )

Plaintiffs, ) CORRECTION OF ERROR v. ) AT-LAW, SUMMONS

PEARL BATALONA, \ 1

BARBARA ANN KOI, THOMAS ) KRIEGER, CLARENCE MILLS, ) GARY t1UZUNO, TOM POY, ) DONf,LD THOMPSON and ANY ) THIRD PARTY, )

Defendants. ) )

CORRECTION OF ERROR

AT- LA\'/

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Comes now the plaintiff Stuart Marks, et. al., to

correct errors known at this time. Under HRCP 15 (a)

Amendments;

... a party may amend his pleading only by leave of court ..•

The plaintiff being the moving party with this AT-LAW

action is the court:

COURT. The person and suite of the sovereign; .•. Black's Law Dictionary, 2nd Ed. at p. 284.

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n

= ,, _,

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Plaintiff is now including ANY THIRD PARTY as defendant

in the capticn for this action.

A Summons is being served with this CORRECTION OF ERROR

and the defendant's have 20 days to respond.

JURISDICTION

Be it known that the plaintiff cleaily states that the

d&fendant's have violated his "substantive rights", those

that fall 1der th 'Bill of Rights".

-1-

;.u ,., C') ,., < ,., 0

STATUS

Plaintiff is a sovereign citizen of the United States

and at all times resides in the State of Hawai'i and is

entitled to all the rights, privledges and immunities as

guaranteed by the U. S. Constitution and the Constitution

of Hawai'i.

Defendants in this action are soverign citizens of the

United States and reside and do business in the 0ounty of

Hawai'i, State of Hawai'i and are enjoying all the rights,

privledges and immunities as guaranteed by the U.S. Constitution

and the Constitution of Hawai'i.

-la-

DEMANDS

Plaintiff demands that the stated violation be

corrected in "good faith".

Failure to comply with all demands will result in

action for damages, to commence this notice to be used as

the "prima facia" evidence to bring the action At-Law.

The SHOW CAUSE ORDER AND DEMAND, AMENDMENT TO SHOW

CAUSE ORDER AND DEMAND and CORRECTION OF ERROR serve as

a CONSTRUCTIVE NOTICE AND DEMAND and are now the "Material

Evidence" by virtue of the defendant's failure to comply

with the demands made therein, and thereby waives ~urisdiction

on any claim to the contrary for failure to answere in "good

faith" which is simply a default or demurrer which in turn

is a De Facto Confession, thereby admitting the crimes

alleged in the named notices, which does admit the allegations

and becomes material evidence of the same.

CERTIFICATION

Plaintiffs hereby certify that all the aforementioned

accusations are true and correct.

Dated: October 7,1986

-2-

§~is, under penalties of God Almighty.

CERTIFICATE OP SERVICE

I, the undersigned, hereby certify that a true and

correct copy of plaintiffs' CORRECTION OF ERROR AT-LAW,

SUMMONS, was delivered to:

Pearl Batalona Box 1290 Honokaa, Hi. 96727

Barbara Ann Koi Box 236 Naalehu, Hi. 96772

Thomas Krieger 1791 Waianuenue Ave. Hilo, Hi. 96720

Clarence Mills Box 1289 Kamuela, Hi. 96743

Gary Mizuno Hilo Construction, Inc. 232 Silva St. Hilo, Hi. 96764

Tom Poy Box 24 Laupahoehoe, Hi. 96764

Donald Thompson Box 128 Captain Cook, Hi.96704

Stuart Marks, Plaintiff, At-La~

cc. to Sheriff of the County of Hawaii

I. • ' • ,, :

·STATE OF HAWAII I ~·

. 1 CIRCUIT COURT OF THE

THIRD CIRCUIT

- " ,- :~'.' '

" \ ! l .

CASE NUMBER_

SUMMONS ', •·'

' ; -? ~

. TO ANSWER CIVIL COMPLAINT 86-638 ' AT-LAW

DEFENDANT PLAINTIFFJ!rt , , ·, vs. : ' ~.Stuart Marks and ' . :) l, 1 to 100 OTHER CONCERNED

CITIZENS

PLAINTIFF'S ATTORNEY {NAME. ADDRESS, TEL. NO.)

Stuart Marks Pro se Box 616 Kurtitown, Hi. 96760

968-6942

TO THE DEFENDANT(S):

Pearl Batalona,. Barbara Ann Koi, Thomas Krieger, Clarence Mills, Gary Muzuno, Tom Pay and Donald Thompson

You are hereby summoned and required to serve upon plaintiffs attorney, whose address is stated above, an answer to the complaint which is attached. This action must be taken within twenty days after service of this summons upon you, exclusive of the day of service.

If you fail to make your answer within the twenty day time limit, judgment by default will be taken against you for the relief demanded in the complaint.

o.-.TE ISSUED CLERK CHARLENE K. OKAWA (SEAL) nr.T - 7 1996 ' '

I do hereby certify thotthlo lo • lull, true, end correct copy of the original on file In thlo office.

CIRCUIT COURT CLERK

,,.., ...

Stuart 1/arl:c. ~~·OX 616

ro ;_;e

Kurtisto\Jn, ::.:-,,,_.,,_j_ 1 i

II.

.(~'l'lJi\:i'l' l·L and l to 100 l _._

t l.,intiff:·. v.

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·-:Jell,

•·. l.,'}lil.'l i'(: c\._·:: to.

;, c ()

:1l CJ",''it

11 . ~ f '

p··

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Lelani Zst~J.te:_; -~'c~::.idcnt loc.:ttcci a::tJroxi~~ttly l mile from the drill

site, ':!~lG un:_1.lJle tu ron.ch '1'i C to rc E.>tc:' her ccJmrlaint of a strong

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Dated: Se7~tenber 29, 1986

,)':;'.s ·.'C.t' j_,, ~'..lso re·1uires tho.t

~- J ;; ~tiC· ·cr:;C~j_-;~j_OJ"JCd

.;tuart ~:arks, under penalties

cf :,Jod i .. lmi··:hty.

-2-

I, the undersicned 1 l1ercby certify tl1~~ n true n!11l correct

delivered to:

Pearl Batalona Box 1290 Eonokaa, Ei. 96727

Barbara Ann Koi Box 236 naalehu, Hi. 96772

ri,homas Krieger 1791 Waianuenue Ave. Hila 1 Hi. 96720

Clarence Mills Box 1289 Kamuela, Ei. ')6743

Cary izuno !.ilo Cons!rucLicn, Inc. .?.:<? ':i! va ~-' 1 ..

ri:Lo, I'i. ··,-)'··

'ox L', \~:· t LJ.~l (5

:-:er:;ourc cG r·.ox G;Jl Lonolulu, ~li. ~~,·JSU9

-~-~ ,''tGC:.-'-'t l'arks 1 rlaintiff, t..t-Law

cc. to Sheriff of U1c Ccn-".IJ i.y of :T~tVJCl_ii

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~r-\i~D ~jou;: ..

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12.1

12. 2

12. ~

PLAN~ING COMMISSION COUNTY OF HAWAII

' \ 9 : RULE 12. GEOTHERMAL RESOURCE PERMITS

~urpose and Authority ' Li ,, . ,J ;), . ,;:;·, f

This rule governs geothermal resource permit procedures pursuant to authority conferred by section 205-5.1, Hawaii Revised Statutes, as amended, upon the Planning Commission to determine whether proposed geothermal development activities should be allowed. The Planning Commission is the issuing authority for geothermal resource permits in geothermal resource subzones located within Agricultural, Rural and Urban State Land Use Districts in the County.

The Planning Commission's approval of an application for a geothermal resource permit shall not in any way abrogate nor supercede the provisions of Chapters 182 and 183, HRS, and rules promulgated thereunder.

Definitions

As used herein, "geothermal development activities •, whether for research.or commercialization purposes, means exploration, development, or production of electrical energy from geothermal resources, or as otherwise defined in Hawaii Revised Statutes, Section 205-5.1.

Contents of Application

Any person who desires to conduct geothermal development activities on land that is located within a geothermal resource subzone and located within either the Agricultural, Rural or Urban State Land Use Districts shall apply to the Planning Commission for a geothermal resource permit. An application for a geothermal resource permit shall be filed in the Planning Department's office and shall include the following:

(a) Non-refundable filing and processing fee of one thousand dollars.

(b) Original and twenty-five copies of:

( 1 ) Application form;

Written and appropriate graphic descriptions of the property and the proposed geothermal development activities including, but not limited to:

(A) A description of the property for which a permit is being requested to include the property's real property tax map key designation and a

..

<yJ

(If' /

<]1

y)

description of the property's location within the County.

A written statement describing the scope of the planned activities and presenting the applicant's reasons for requesting the permit.

A preliminary plot or site plan of the property, drawn to scale, showing all existing and proposed uses and locations of structures i ncl udi ng, but not limited to, drilling sites, wells, access roadways, water sources, waste water collection ~d disposal systems, t~ geothermal steam and/or brine collection and disposal systems, power plant(s) and electrical power distribution systems.

Preliminary elevation drawings of the proposed temporary and permanent structures.

The proposed locations and elevations and depths of all superstructures and drilling rigs, bottom hble locations, casing program, proposed well completion program, size and shape of d rilli'ng sites, and location of all exis~ing and proposed access roads.

Areas of potential temporary and/or permanent surface disturbance, including, but not limited to, excavation and grading sites, the locati.on of camp sites, airstrips, and other support facilities, excavation and borrow pits for roads and other construction activities.

A written description of the methods for disposing of well effluent and other wastes.

A geologist's report on the site and surrounding area's surface and subsurface geology, nature and occurrence of known or potential geological hazards and geothermal resources, surface and ground water resources, topographic features of the land, and drainage patterns.

Pre-exploration meteorological, ambient air quality and noise level measurements that demonstrate the potential effects on surrounding properties through air quality and noise impact analysis.

A written description of the measures proposed to be taken for protection of the environment,

-2-

_,._.

including, but not limited to, the prevention and/or cant rol of:

(i) ( i i)

(iii) ( i v)

( v) (vi )

( vii) (viii)

Fires, Soil erosion, Surface and ground water contamination, Damage to fish and wildlife or other natural resources, Air and noise emissions, Hazards to public health and safety, Socio-economic impact(s), and Impact(s) on public infrastructure and services.

(K) Statement(s) addressing how the proposed development would mitigate or reconcile:

~)

(f)

(i) Any effects to residents or surrounding properties in the areas of health, environment and socio-economic activities;

(ii) The burdening of public agencies to provide support infrastructure _such as roads, sewers, water, drainage, school and related services and police and fire protection.

Preliminary provisions and/or plans for the monitoring of environmental effects such as noise and air and ~ater quality during ea9h proposed phase of the project (exploration, development and production) demonstrating how the applicant intends to comply with this rule, the rules of the State's Department of Health, and the rules of the State Board of Land and Natural Resources.

A preliminary plan of action for emergency situations which may threaten the health, safety,. and welfare of employees and other persons in the vicinity of the proposed project site including, but not limited to, procedures to facilitate coordination with appropriate Federal, State and County officials and the evacuation of affected individuals.

Preliminary timetable(s) and/or schedule(s) for each proposed phase of the project.

Method(s) of presenting timely progress reports to the Planning Commission.

Other pertinent information or data such as an archaeological survey which the Planning Director

-3-

··--

may require to support the application for the utilization of geothermal resources and the protection of the environment.

(c) Graphic representations suitable for both staff analysis and public presentation, including the depiction of the project boundaries, reference points (roadways, shoreline, etc.), existing and proposed structures and appurtenances. Graphics for public·presentation shall be a minimum of 2 feet by 3 feet in dimension, drawn to scale on a map or maps of 1:24,000 scale, or larger when required by the Commission.

12. 4 Properly Filed Application

12. 5

Within twenty days of receipt of an application, the Planning Director shall review it to determine if it is complete. An application that is determined to be complete shall be officially accepted within twenty days of receipt of the application and the applicant snall be so notified in writing.

( b ·) )


The Planning Director, on behalf of the Planning Commission, shall set a date for a public hearing to be held within a period of ninety days from the date of official acceptance of a properly filed and completed application.

The Planning Commission shall conduct a public hearing and upon appropriate request a contested case hearing pursuant to the Planning Commission rules pertaining to public and contested case hearings.

Promptly after the Planning Director fixes a date for the public hearing and at least 15 days before the date of the public hearing, the applicant shall mail a notice of the hearing to owners of interests in properties, as shown on the current real property tax rolls at the County Real Property Tax Office, within a minimum of three hundred feet of the perimeter boundary of the property for which a permit is being requested (or as determined by the Planning Director), and to other interested persons or groups as may be determined by the Planning Director. The applicant shall also make a reasonable attempt or best effort in notifying residents within one thousand feet of the perimeter boundary of the property of the public hearing. Such notice shall state:

(1) Name of the applicant;

( 2) Precise location of the property involved;

-4-

~-

12. 6

12. 7

<?J

( }) Nature of the proposed geothermal development acti viti es; and

( 4) Date, time, and place of the hearing;

If the notification requirement set forth in section 12.5 (c) has not been met, the Planning Commission shall not conduct a hearing and further action on the application shall be deferred until the notification requirement is met.

In addition to said notice and at least fifteen days prior to the date of _the hearing, the Planning Commission shall publish notice of the hearing in a newspaper of general circulation in the County which includes the information provided under section 12. 5(c) (1-4) of this rule.

Criteria for Issuance of C-t!othermal Resource Permit

The Planning Commission shall grant a geothermal resource permit if it finds that the applicant has demonstrated by a preponderance of evidence that:

(a)

(c) I

The proposed geothermal development activities would not have unreasonable adverse health, environmental, or socio-economic effects on residents o·r surrounding property; and

The proposed geothermal development activities '.vould not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school impro.vements, and police and fire protection; and

There are reasonable measures available to mitigate the unreasonable adverse effects or burdens referred to above.

Action

Unless there is mutual agreement by the Planning Director, the applicant, and, if applicable, any intervenors in a contested case hearing to extend the period of time for the Planning Commission's action, the Planning Commission shall take action on a properly filed and complete application within six months (180 days) of the date a properly filed application is officially accepted; provided that if a contested case hearing is held, the Planning Commission shall take action within nine months (270 days) of the date a properly filed application is officially accepted.

The Planning Commission's action shall either:

(l) Grant the geothermal resource permit as requested by the applicant based upon the satisfaction of criteria in section 12.6 above and stating the reasons

-5-

.... ,.

( 3)

therefore, subject to performance, reporting and other appropriate conditions imposed by the Commission.

Grant the geothermal resource permit as may be modified from the applicant's request and stating the· reasons therefore, subject to performance, reporting, and other appropriate conditions imposed by the Commission.

Grant the geothermal resource permit in phases or increments dependent upon the timely and progressive completion of a precedent phase or increment and stating the reasons therefore, subject to performance, reporting, and other appropriate conditions imposed by the Commission.

Deny the geothermal resource permit and stating the reasons therefore.

(c) The Chairperson.of the-Commission shall issue.official written notification to the applicant of the Commission's action including any performance, reporting, and other appropriate conditions imposed by the Commission.

12_ .• 8 Requirements Prior to Initiating Construction

Prior to initiating construction of an approved project or any phase of an approved project, the applicant shall submit the following to the Planning Director:

( <;}l

Copies of approved permits and other applicable approvals for the project or any phase of the project froffi other County, State or Federal agencies as applicable.

Final plans or provisions for monitoring environmental effects of the project or any phase of the project such as noise, air and water quality as may be required to insure compliance with County rules and the rules of the State's Department of P.ealth and Board of Land and Natural Resources, and other permit-issuing agencies.

A final plan of action to deal with emergency situations which may threaten the health, safety, and welfare of the employees and other persons in the vicinity of the proposed project site. The plan shall include procedures to facilitate coordination with appropriate State and County officials and the evacuation of affected individuals.

A final site plan and elevations of proposed temporary and/or permanent structures for the project or any phase of the project.

-6-

.....

(a )

Amendments of Permit and Conditions

For any amendments to the geothermal resource permit or its conditions the permittee shall set forth in writing:

(1) The specific amendment requested;

(2) The reasons for the request, including statements addressing the criteria listed under section 12.6(1) through (3) of this rul~; and

( 3) Any other applicable information requested by the Planning Director.

(b) In the case of any amendment concerning a time extension to the permit or its conditions, the permittee shall file the request not less than ninety days prior to the deadline for performance of the condition, setting forth:

( c )

12 . .l 0 .. / (a}

(7'.·

(1) The affected condition;

(~) The length of time requestedj and

( 3) The reasons. for the request.

If either the Planning Director or the Planning Commission is not able to act on a properly filed time extension request prior to the deadline for a time extension, the geothermal development activities allowed by the Geothermal Resource Permit may be continued by the Planning Director.

All of the procedures set forth in sections 12.4 through 12.12 of this rule and the procedures set forth in other applicable Planning Commission rules shall apply.

Enforcement of Permit and Conditions

If the Planning Director determines that there is noncompliance with the geot he rma 1 resource permit or its conditions, the Planning Director shall so inform in writing the permittee and, if applicable, other appropriate County, State or Federal agencies, setting forth the grounds of his determination. Upon receiving notice of the determination of noncompliance, the permittee shall have five days to provide a written response to the notice of determination of noncompliance.

Notwithstanding any written response submitted by the permittee, if the Planning Director affirms the determination of noncompliance, he shall so advise the permittee in writing. The permittee shall have five days thereafter to correct the noncompliance; provided that the Planning Director may allow a longer period upon a finding

-7-

of good cause, such as where circumstances beyond the permittee's control will prevent compliance within the five-day period.

(c) The permittee may request a hearing with the Planning Commission to amend the permit, should compliance be impossible or impractical to meet.

(9) If the permittee fails to correct the noncompliance within the required time period, the Planning Director shall refer the matter with his recommendations to the Planning Commission for further disposition, which may include, but is not limited to, either the revocation or the modification of the permit.

(~) Notwithstanding any other provision of this section, pending a hearing by the Planning Commission the Planning Director may immediately and temporarily suspend the permit and operations allowed thereunder. Notice of a temporary suspension shall be provided in writing or orally with subsequent written confirmation within three days to the permittee and shall set forth the reasons for the temporary suspension. The Planning Director may reactivate the permit upon a subsequent finding of the permittee's compliance with the permit condition. Subject to the Planning Commission rules, the permittee may at any time request a hearing before the Planning Commission for its review and action with regard to the permit's temporary suspension or any subsequent refusal of the Planning Director to reactivate the permit. Referrals by the Planning Director to the Planning Commission and reviews by the Planning Commission of the Planning Director's action shall be heard at the Commission's next meeting when the matter can be placed on the Commission's agenda.

12~11 Penalties /

If a permittee, its successors or assigns do not comply with any provision of a permit or its conditions issued under this Rule they may be subject to a civil fine not to exceed those provided for by applicable statutes.

Appeals

Any person aggrieved by the action of the Planning Commission in the issuance of a geot he rma 1 resource permit or an amendment of condition or permit under section 12.9 shall be entitled to appeal such decision to the applicable court of the State of Hawaii.

1~13 Severability

If any portion of this rule, or its application to any person or circumstance, shall be held unconstitutional or invalid, the

-8-

...

., '

....

remainder of this rule and the application of such portion to other persons or circumstances shall not be affected thereby.

County

-9-

ADOPTED this I :.H .. day of .S(f=t-\:1 ..... -- ' 1986.

~JJ~~ BARBARA A. KOI, Chairperson Planning Commission County of Hawaii

•

.. CERTIFICATION

I, BARBARA A. KOI, Chairperson of the Planning Commission, qo hereby certify that attached hereto is a· copy of a document entitled, "Rule 12, Geothermal Resource Permits, • the original of which is on file with the Commission, and that the requirements as prescribed in Section 91-3 of the HRS has been followed.

"" RECE~VED~~ day of -:>ep( , 1 9 8 6 •

'

/)] /./.., ~ . V" -... ./ . · dt

R. B. LEGASPr7 County Clerk'

-10-

BARBARA A. KOI, Chairperson Planning Commission· County of Hawaii

•

DRAFT IV-C(l)-9/12/86 3288d

NOTE: THIS DRAFT SHOWS REVISIONS FROM THE PREVIOUS DRAFT. DELETIONS ARE BRACKETED AND ADDITIONS ARE UNDERSCORED OR ARE I~DICATED BY NOTES. MINOR GRAMMATICAL CHANGES HAVE ALSO BEEN MADE.

12.1


RULE 12. GEOTHERMAL RESOURCE PERMITS

Purpose and Authority

This rule governs geothermal resource permit procedures pursuant to authority conferred by section 205-5.1, Hawaii Revised Statutes, as amended, upon the Planning Commission to determine whether proposed geothermal development activities should be allowed. The Planning .commission is the issuing authority for geothermal resource permits in geothermal resource subzones located within Agricultural, Rural and Urban State Land U~e Districts in the County.

The Planning Commission's approval of an application for a geothermal resource permit shall not in any way abrogate nor supercede the provisions of Chapters 182 and 183, hRS, and rules promulgated thereunder.

12. 2 Definitions

"As used herein, "geothermal development activities", whether for research or commercialization purposes, means exploration, development, or production of electrical energy from geothermal resources, or as otherwise defined in Hawaii Revised Statutes, Sect ion 2 05-5. 1.

12. 3 Contents of Application




(1) Application form;

(2) Written and appropriate graphic descriptions of the property and the proposed geothermal development activities including, but not limited to:

(A) A description of the property for which a permit is being requested to include the property's real property tax map key designation and a description of the property's location within the County.

..... (B) A written statement describing the scope of the

planned activities and presenting the applicant's reasons for requesting the permit.

(C) A preliminary plot or site plan of the property, drawn to scale, showing all existing and proposed uses and locations of structures including, but not limited to, drilling sites, wells, access roadways, water sources, waste water collection and disposal systems, the geothermal steam and/or brine collection and disposal systems, power plant(s) and electrical power distribution· systems.

(D) Preliminary elevation drawings of the proposed temporary and permanent structures.

(E) The proposed locations and elevations and depths of all superstructures and dril-ling rigs, bottom hole locations, casing program, proposed well completion program, size and shape of drilling sites, and location of all existing and proposed access roads.

(F) Areas of potential temporary and/or permanent surface disturbance, including, but not limited to, excavation and grading sites, the location of camp sites, airstrips, and other support facilities, excavation and borrow pits for roads and other construction activities.

(G) A written description of the methods for disposing of well effluent and other wastes.

(H) A geologist's report on the site and surrounding area's surface and subsurface geology, nature and occurrence of known or potential geological hazards and geothermal resources, surface and

-2-

ground water resources, topographic features of the land, and drainage patterns.

{I) Pre-exploration meteorological, ambient a1r quality and noise level measurements that demonstrate the potential effects on surrounding properties through air quality and noise impact analysis [models].

{J) A written description of the measures proposed to be taken for protection of the environment, including, but not limited to, the prevention and/or control of:

{i) { i i )

{iii) { i v)

{ v) {vi )

{vii J {vi i i )

Fires, Soil erosion, Surface and ground water contamination, Damage to fish and wildlife or other natural resources, Air and noise emissions, Bazards to public health and safety, Socio-economic impact{s), and Impact{s) on public infrastructure and services.

{K) Statement{s) addressing how the proposed development would mitigate or reconcile:

{i) Any effects to'residents or surrounding properties in the areas of health, environment and socio-economic activities;

{ii) The burdening of public agencies to provide support infrastructure such as roads, sewers, water, drainage, school and related services and police and fire protection.

{L) Preliminary provisions and/or plans for the monitoring of environmental effects such as noise and air and water quality during each proposed phase of the project {exploration, development and production) demonstrating how the applicant intends to comply with this rule, the rules of the State's Department of Health, and the rules of the State Board of Land and Natural Resources.

{M) A preliminary plan of action for emergency situations which may threaten the health, safety, and welfare of employees and other persons in the vicinity of the proposed project site including, but not limited to, procedures to facilitate coordination with appropriate Federal, State and

-3-

County officials and the evacuation of affected individuals.

(N) Preliminary timetable(s) and/or schedule(s) for each proposed phase of the project.

(0) Method(s) of presenting timely progress reports to the Planning Commission.

(P) Other pertinent information or data such as an . archaeological survey which the Planning Director may require to support the application for the utilization of geothermal resources and the protection of the environment.

(c) Graphic representations suitable for both staff analysis and public presentation, including the depiction of the project boundaries, reference points (roadways, shoreline, etc.), existing and proposed structures and appurtenances. Graphics far public presentation shall be a minimum of 2 feet by 3 feet in dimension, drawn to scale on a map or maps of 1:24,000 scaleL or larger when required by the Commission.

12.4 Properly Filed Application

Within twenty days of receipt of an application, the Planning Director shall review it to determine if it is complete. An application that is determined to be complete shall be officially accepted within twenty days of receipt of the application and the applicant shall be so notified in writing.

12.5 Hearing and Notification

(a) [Within a period of ninety days from the date of official acceptance of a properly filed and completed application, the Planning Director, on behalf of the Planning Commission shall set a date for a public hearing.] The Planning Director, on behalf of the Planning Commission, shall set a date for a public hearing to be held within a period of n1nety days from the date of off1c1al acceptance of a properly filed and completed application.

(b) The Planning Commission shall conduct a public hearing and[/ori upon appropriate request a contested case hearing pursuant to the Planning Commission [Rulesj rules pertaining to public and contested case hearings.

(c) Promptly after the Planning Director fixes a date for the public hearing and at least 15 days before the date of the public hearing, the applicant shall mail a notice of the hearing to owners of interests in properties, as shown on the current real property tax rolls at the County Real

-4-

12. 6

Property Tax Office, within a minimum of three hundred feet of the perimeter boundary of the property for which a permit is being requested (or as determined by the Planning Director), and to other interested persons or groups as may be determined by the Planning Director. The aiflicant -shall also make a reasonable attempt or best e ort in not1f in res1dents w1th1n one thousand perimeter boundary of the property o t 1c earing. Such notice shall state:

{1) Name of the applicant;

( 2) Precise location of the property involved;

(3) Nature of the proposed geothermal development acti viti es; and

( 4) Date, time, and place of the hearing.

{d) If the notification requirement set forth in section 12.5 (c) has not been met, the Planning Commission shall not conduct a hearing and further action on the application shall be deferred until the notification requirement is met [to the satisfaction of the Planning Director].

(e) In addition to said notice and at least fifteen days prior to the date. of the hearing, the Planning Commission shall publish notice of the hearing in a newspaper of general circulation in the County which includes the information provided under section 12.5(c) (1-4) of this rule.

Criteria for Issuance of Geothermal Resource[s I Permit

'I'he Planning Commission shall grant a geothermal resource permit if it finds that the applicant has demonstrated by a preponderance of evidence that:

[ ( l) j

[ ( 2 ) j

[ ( 3) l

iEl_ The proposed geothermal development activities would not have unreasonable adverse health, environmental, or socio-economic effects on residents or surrounding property; and

(b) The proposed geothermal development activities would not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection; and

(c) There are reasonable measures available to mitigate the unreasonable adverse effects or burdens referred to above.

-5-

12.7 Action

(a) Unless there is mutual agreement by the Planning Director, the applicant, and, if applicable, any intervenors in a contested case hearing to extend the period of time for the Planning Commission's action, the [The I Planning Commission shall take action on a properly filed and complete application within six months (180 days) of the date a properly filed application is officially accepted; provided that if a contested case hearing is held, the Planning Commission shall take action within nine months (270 days) of the date a properly filed application is officially accepted.

(b) The Planning Commission's action shall either:

(1) Grant the geothermal resource permit as requested by the applicant based upon the satisfaction of criteria in section 12.6 above and stating the reasons therefore, subject to performance, reporting and other appropriate conditions imposed by the Commission.

(2) Grant the geothermal resource permit as may be modified from the applicant's request and stating the reasons therefore, subject to performance, reporting, and other appropriate conditions imposed by the Commission.

( 3) Grant the geothermal resource permit in phases or increments dependent upon the timely and progressive completion of a precedent phase or increment and stating the reasons therefore, subject to performance, reporting, and other appropriate conditions imposed by the Commission.

( 4) Deny the geothermal resource permit and [state; stating the reasons therefore.

(c) [Within fourteen days of the Planning Commission's action, thei The Chairperson of the Commission shall issue official written-notification to the applicant of the Commission's action including any performance, reporting, and other appropriate conditions imposed by the Commission.

[(d) Unless there is mutual agreement by the Planning Director, the applicant, and, if applicable, any intervenors in a contested case hearing to extend the period of time for the Planning Commission's action, the application shall be considered as being approved if the Commission fails to render a decision within the prescribed period.]

-6-

12. 8 Requirements Prior to Initiating Construction


(a) Copies of approved permits and other applicable approvals for the project or any phase of the project from other County, State or [federal I Federal agencies as applicable.

(b) Final plans or provisions for monitoring environmental effects of the project or any phase of the project such as noise, air and water quality as may be required to insure compliance with County rules and the rules of the State's Department of Health and Board of Land and Natural Resources, and other permit-issuing agencies.

(c) A final plan of action to deal with emergency situations which may threaten the health, safety, and welfare of the employees and other persons in the vicin~ty of the proposed project site. The plan shall include procedures to facilitate coordination with appropriate State and County officials and the evacuation of affected individuals.

(d) A final site plan and elevations of proposed temporary and/or permanent structures for the project or any phase of the project.

12.9 Amendments of Permit and Conditions

[(a) As a condition of approval, the Planning Commission may aut ho ri ze the Planning Director to make admi ni strati vely minor non-substantive amendments to the conditions of an approved permit, including amendments related to time extensions. If the Planning Director disapproves a minor non-substantive amendment, then the amendment shall be referred to the Planning Commission.

(b) For other than minor non-substantive amendments approved administratively, the permittee shall apply to the Planning Commission for an amendment to the geothermal resource permit or to any conditions imposed thereon.

(c) , (a) For any amendments to the [Geothermal Resource Permit] geothermal resource permit or its conditions the permittee shall set forth in writing:


(2) The reasons for the request, including statements addressing the criteria listed under section 12.6(1) through (3) of this rule; and

-7-

(3) Any other applicable information requested by the Planning Director.

(b) In the case of any amendment concerning a time extension to the permit or its conditions, the permittee shall file the request not less than ninety days prior to the deadline for performance of the condition, setting forth:


(2) The length of time requested; and

(3) The reasons for the request.


(c) [Except for minor non-substantive amendments that the Planning Director is authorized to make, all! All of the procedures set forth in sections 12.4 through 12.12 of this [Rule! rule and the procedures set forth in other applicable Planning Commission rules shall apply.

12.10 Enforcement of Permit and Conditions

(a) If the Planning Director determines that there is noncompliance with the geothermal resource permit or its conditions, the Planning Director shall so inform in writing the·permittee and, if applicable, other appropriate County, State or [federalj Federal agencies, setting forth the grounds of his determination. Upon receiving notice of the determination of noncompliance, the permittee shall have five days to provide a written response to the notice of determination of noncompliance.

(b) Notwithstanding any written response submitted by the permittee, if the Planning Director affirms the determination of noncompliance, he shall so advise the permittee in writing. The permittee shall have five days thereafter to correct the noncompliance; provided that the Planning Director may allow a longer period upon a finding of good cause, such as where circumstances beyond the permittee's control will prevent compliance within the five-day period.

(c) ~·he permittee may request a hearing with the Planning Commission to amend the permit, should compliance be impossible or impractical to meet.

-8-

(d) If the permittee fails to correct the noncompliance within the required time period, the Planning Director shall refer the matter with his recommendations to the Planning Commission for further disposition, which may include, but is not limited to, either the revocation or the modification of the permit.

(e) Notwithstanding any other provision of this section, pending a hearing by the Planning Commission the Planning Director may immediately and temporarily suspend the permit and operations allowed thereunder. Notice of a temporary suspension shall be provided in writing or orally with subsequent written confirmation within three days to the permi~tee and shall set forth the reasons for the temporary suspension. The Planning Director may reactivate the permit upon a subsequent finding of the permittee's compliance with the permit condition. Subject to the Planning Commission rules, the permittee may at any time request a hearing before the Planning Commission for its review and action with regard to the permit's temporary suspension or any subsequent refusal of the Planning Director to reactivate the permit. Referrals by the Planning Director to the Planning Commission and reviews by the Planning Commission of the Planning Director's action shall be heard at the Commission's next meeting when the matter can be placed on the Commission's agenda~

12.11 Penalties

If a permittee, its successors or assigns [does; do not comply with any provision of a permit or j.ts conditions issued under this· Rule they may be subject to a civil fine not to exceed those provid.ed for by applicable statutes.

12.12 Appeals

Any person aggrieved by the action of the Planning Commission in the issuance of a geot he rma 1 resource permit or an amendment of condition or permit under section 12.9 shall be entitled to appeal such decision to the applicable court of the State of Hawaii.

NOTE; SECTION 12.13, SEVERABILITY, AND THE APPENDIX ARE ADDITIONS.

12.13 Severability

If any portion of this rule, or its application to any person or circumstance, shall be held unconstitutional or invalid, the remainder of this rule and the application of such portion to other persons or circumstances shall not be affected thereby.

-9-

APPENDIX TO RULE 12

In assessing an application for a geothermal resource permit, the Planning Commission shall impose conditions of approval as the Commission deems appropriate and necessary. The following guidelines for conditions are not intended to limit the Planning Commission from including other conditions and excluding or modifying any of the following:

Air Quality: Applicant shall meet Federal and State air quality guidelines and regulations.

Noise: Applicant shall meet Federal, State, and/or County noise guidelines and regulations.

Water Quality: Applicant shall meet Federal and State water quality guidelines and regulations.

Archaeological and Biological Resources: Surveys shall be conducted to determine the presence and value of archaeological and biological resources and submitted to the Planning Director and other appropriate government agencies for review and comment prior to approval of land clearing activities. Plans for the protection and maintenance of valuable archaeo1ogical and biological resources shall be prepared to ensure their protection and shall be submitted for approval to the Planning Director and to other appropriate government agencies for review and comment prior to approval of the Planning Director.

Security: All unattended well sites, drilling equipment, well heads, sumps, and ponps shall be protected from access by unauthorized persons.

Emergencies: The applicant shall prepare a plan of action to be approved by the Hawaii County Civil Defense Agency to deal with emergency situations such as volcanic activities, earthquakes, fires, well bore ruptures, blowouts, and any accidents or spills of hazardous materials which may threaten the health, safety, and welfare of the employees and o&her persons in the vicinity of the project. The plan shall include procedures to facilitate coordination with appropriate Federal, State and County officials and the evacuation of affected individuals.

Aesthetics: In the siting, design and construction of all physical components, measures shall be taken to minimize aesthetic and scenic impacts and to preserve the natural beauty of the area. Such measures can include orientation of buildings, colors of structures, and use of nonreflective, light absorbent material and textures, and landscaping.

Construction, Clearing, Erosion, and Drainage: Activities shall comply with all requirements of Chapter 10, Erosion and Sedimentation Control, Hawaii County Code, as amended, the

-10-

Hawaii County Building Code, and the hydrologic criteria incorporated in the Hawaii County Storm Drainage Standards.

Lighting: Lighting for activities, including drilling, shall be designed in such a way so it does not become a nuisance to surrounding properties or interfere with important biological resources that may be in the area. In any event, all activities and facilities shall meet the requirements of Chapter 14, Article 9, Outdoor Lighting, of the Hawaii County Code, as amended.

Wells: All wells shall be drilled, operated and abandoned in accordance with "Rules on Leasing and Drilling of Geothermal Resources" of the Department of Land and Natural Resources. Wells used for the injection, or re-injection of geothermal brines, power plant effluents, gases, etc. and drywells used for surface drainage or stormwater runoff shall conform to the conditions specified in the Department of Health, Administrative Rules, Title 11, Chapter 23, entitled Underground Injection Control.

Sumps and Ponds: All sumps and ponds shall be operated in a manner meeting with the approval of the State Department of Health. Waste materials to be disposed of from the geothermal development activities shall be disposed of at sites approved by the State Department of Health. Sump and pond locations, construction, and operation shall comply with regulations of the State Department of Health.

Reports: Copies of drilling, production, and operation reports, as provided to the State Department of Land and Natural Resources in accordance with Chapter 183 of 'I'itle 13, Administrative Rules shall be made available to the Planning Director. Other information and/or reports ~ay be requested by the Commission.

Inspection: Applicant shall grant unrestricted access, subject to safety measures normal and necessary during operations, to authorized governmental representatives or to consultants and contractors hired by governmental agencies for inspection, enforcement, or monitoring activities.

Information and Complaints: Applicant shall designate an individual who has authority to act on behalf of the applicant for the purposes of supplying information and responses deemed necessary by the government agencies who are responsible for monitoring the permitted uses and enforcing conditions of approval of the geothermal resource permit.

Applicant shall publish a telephone number to be manned 24 hours for receiving and responding to noise, odor, or other complaints. Applicant shall keep a log of all complaints received and their responses to be submitted to the Planning

-11-

Director monthly .. Applicant shall also post signs bearing the name of the operator and current telephone number for receiving complaints at appropriate locations on the perimeter of the project site. Such appropriate locations shall be approved by the Planning Director.

Indemnification: Applicant, its successors or assigns, shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for property damage, personal injury or death arising out of any act or omission of the applicant, its successors, assigns, officers, employees, contractors, and agents under the geothermal resource permit or relating or connected with the granting of such permit.

Applicant shall protect, indemnify, defend and hold the County of Hawaii harmless against loss, damages, claims and liens of every kind and character (including but not limited to Workmen's Compensation claims and claims of third parties) which may be occasioned by uses or activities conducted by the applicant under the geothermal resource permit or by reason of the operation or working of applicant, its employees, agents or independent contractors upon the property, or any easement for ingress or egress thereto, including injuries to persons or loss of life or damage to property or nuisance and including, but not limited to, pollution or flooding of the surface or subsurface waters or any pollution of the air, with said indemnification to apply irrespective of whether claims allege the cause to be sudden or gradual.

Insurance: Applicant will at its own expense effect and maintain at all times term insurance coverage for professional liability and comprehensive general liability for risks with respect to the permitted uses and related activities allowed under the geothermal resource permit. The policy shall name the County as an additional insured.

Bond: Any applicant granted a geothermal resource permit shall file with the Planning Department a bond in an amount to be determined and to be made payable to the County of Hawaii to secure the faithful performance of requirements and conditions of approval of the permit, including but not limited to restoration of the project premises and in abating nuisances caused by the geothermal development activities. Said bond shall be executed by the applicant and by a surety company qualified to do business in the State of Hawaii and shall remain in force and effect for the full term of the permit. Said bond shall be in addition to any bond required by the Board of Land and Natural Resources of the State of Hawaii for the drilling, maintenance or operation of geothermal wells.

Best Available Control Technology: Applicant shall apply the "Best Available Control Technology" (BACT) with respect to geothermal emissions and noise abatement during all phases of

-12-

the project, including well drilling, testing, power plant operation and direct use applications. "Best Available Control Technology• is defined as an emission limitation based on the maximum degree of reduction of each pollutant subject to regulation under the federal Clean Air Act emitted from or Which results from any major emitting facility, which, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs is determined to be achievable for such facility through application or production processes and available methods, systems and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of each such pollutant.

Soil and Water Conservation: Use of the area shall be consistent with soil and water conservation principles.

Conditions of Other Permits: The Commission shall be cognizant of other permits with conditions which the applicant will need to secure from other governmental agencies in order to undertake geothermal development activities.

Compliance with Other Laws and Regulations: Applicant shall comply with all other applicable Federal, State and County laws, statutes, regulations and ordinances.

APPROVED AS TO FORM:

Corporation Counsel

APPROVED this day of

-------------------' 1986.

DANTE K. CARPENTER, Mayor County of Hawaii

-13-

ADOP.TED this __ day of.

-----------------------' 1985.

BARBARA A. KOI, Chairperson Planning Commission County of Hawaii

CERTIFICATION

I, BARBARA A. KOI, Chairperson of the Planning Commission, do hereby certify that attached hereto is a copy of a document entitled, "Rule 12, Geothermal Resource Permits, • the original of which is on file with the Commission, and that the requirements as prescribed in Section 91-3 of the HRS has been followed.

RECEIVED THIS day of --------------~~~-, 1986.

R. B. LEGASPI County Clerk

-14-

BARBARA A. KOI, Chairperson Planning Commission County of Hawaii

#329ld

RULE 12 REVISIONS, AS PUBLISHED:

section

12. 3(b) ( 2) (M)

12. 3(b){2){P)

12. 5{a)

12. 5{b)

12. 5{ c)

12. 6

12. 7{a)

12.7{c)

12. 7{d)

12. 9

12.13

Appendix

Comment

Includes Federal officials in the procedures for coordination in the preliminary plan of action for emergency situations.

Adds archaeological surveys as an example of additional information which may be required to be submitted with an application.

Rewords original section to clarify that a public is to be held within 90 days from the date of an officially accepted application.

Rewords section to clarify that a contested case hearing is held o~ly when an appropriate request is made.

Revises notification requirements for a public hearing: a) to a minimum of 300 feet for property owners rather than only 300 feet; and b) by requiring the applicant to make a reasonable attempt or a best effort to notify residents within 1,000 feet of the property's boundaries.

Changes subsection numbers to alphabets to be consistent with the rest of the rule and adds the word "and" at the end of the first two subsections.

Adds clause regarding mutually agreed upon time extension for Commission action. This clause is from former section 12.7{d) which is deleted.

Deletes provisions that written notification of the Commission's action shall be issued within 14 days thereafter.

Deletes provision that application would be approved if the Commission failed to act within the statutory time period. Findings must be made for the approval of an application.

Deletes provisions for minor non-substantive amendments to be made administratively by the Planning Director.

Adds a severability clause to the rule.

Adds guidelines for conditions which the Commission might consider in granting a permit.

ADDITIONAL RULE 12 REVISIONS RECOMMENDED BY PLANNING DEPARTMENT:

Section

12.3(b)(2)(C)

12. 3(b) ( 2) (E)

12. 3(b)( 2) (I)

12.3(c)

12. S(b)

12. 6

12.7(b)(4)

12. S(a)

12. 9( c)

12. 9(a)

12.10(a)

12.11

Comment

Changes "location" to "locations".

Changes "location" to "locations".

Delete specific requirement for air quality and noise impact analysis models in order to provide broader range of analytical alternatives, including modeling, which may be more appropriate.

Changes "scale • to "scale,".

Changes "Rules" to "rules •.

Changes "Resources" to "Resource".

Changes "state" to "Stating".

Changes "federal" to "Federal".

Changes "Geothermal Resource Permit • to "geothermal resource pe.rmi t •.

Changes "Rules" to "rules •.

Changes "federaJ" to "Federal".

Changes "does" to "do".

... /, I

COUNTY OF HAWAII

;~. ,'

'-.'I ' . ,. , : :·. 1 ·,_' .,:.. r , ' \ ·- • · ... ; 1t .._ ••

PLAN~~~9j :DEPA~,:;.~~Nt7 : ,19 25 AUPUNI STREET • HILO, H~a,.AII96720 .· DANH: K. ('ARPt:"'Tt-:R

,iC.! . \. j: \.:. \\) AI.Bt:RT I.ONO 1.'\-''\1-\""-' . : : ._ -':. -~ ;i :rt('i=$ Oirrctor

;:,_ { .. i '..:.·.1•.:.. : . __ .... ~vl • ,.,.

'<;T, c,TE Or H;\WA\1 li.IMA A. PitA~"' v • Drputy Director

August 26, 1986

Rule 12 - Hawaii County Planning Commission Geothermal Resource Permits -Draft IV

After reviewing the many comments received on earlier drafts as well as at the Public Hearings conducted by the Planning Commission, we have completed the enclosed Draft IV of Rule 12 - Hawaii County Planning Commission Geothermal Resource Permit. Draft IV proposes the permit procedure to be followed by the Planning Commission to determine whether geothermal development activities should be allowed in the geothermal resource subzones designated by the State's Board of Land and Natural Resources that are located within Agricultural, Rural and Urban State Land Use Districts in the County of Hawaii.

The Planning Commission will be considering this Draft IV at its meeting of September 11, 1986 to be held in the Hawaii County Councilroom at 10:00 a.m. In view of your past interest, we would appreciate your review and receipt of any comments or recommendations prior to the meeting.

Should you have any questions, please feel free to contact me at 961-8288.

ALL/RN

Enclosure

Sincerely,

Q . .Q., ~~-cts-ALBERT LONO LYMAN Planning Director

/

DRAFT IV-B 8/20/86 23 84d

12.1

12. 2


RULE 12. GEOTHERMAL RESOURCE PER!1ITS


This rule governs geothermal resource permit procedures pursuant to authority conferred by section 205-5.1, Hawaii Revised Statutes, as amended, upon the Planning ~ommission to determihe whether proposed geothermal development activities should be allowed. The Planning Commission is the issuing authority for geothermal resource permits in geothermal resource subzones located within Agricultural, Rural and Urban State Land Use Districts in the County.

The Planning Commission's approval of an application for a geothermal resource permit shall not in ·any way abrogate nor supercede the provisions of Chapters 182 and 183, HRS, and rules promulgated thereunder.

Defini tions•

As used herein, "geothermal development activities", whether for research or commercialization purposes, means exploration, development, or production of electrical energy from geothermal resources, or as otherwise defined in Hawaii Revised Statutes,

·sect i':on 2 05-5. 1.

12. 3 Contents of Application






(J) A written description of the measures proposed to be taken for protection of the environment, including, but not limited to, the prevention and/or control of:

( i ) ( iil

(iii) ( i v)

( v) (vi )

( vii ) (viii)

Fires, Soil erosion, Surface and ground water con-tamination, Damage to fish and wildlife.or other natural resources, Air and noise emissions, Hazards to public health and safety, Socio-economic impact(s),·and Impact(s) on public infrastructure and services.

{K) Statement(s) addressing how the proposed development would mitigate or reconcile:


.( i i) The burdening of public agencies to provide support infrastructure such as roads, sewers, water, drainage, school and related services and police and fire

.protection.

(L) · Preliminary provisions and/or plans for the monitoring of environmental eff~cts such as noise and air and water quality during each proposed phase of the project (exploration, development and production) demonstrating how the applicant intends to comply with this rule, the rules of the State's Department of Health, and the rules of the State Board of Land and Natural Resources.

(M) A preliminary plan of action for emergency situations which may threaten the health, safety, and welfare of employees and other persons in the vicinity of the proposed project site including, but not limited to, procedures to facilitate coordination with appropriate Federal, State and County officials and the evacuation of affected individuals.



-3-

12. 6


(3) Nature of the proposed geothermal development activities; and

(4) Date, time, and place ~f the hearing.

(d) If the notification requirement set forth in section 12.5 (c) has not been met, the Plannin'g Commission shall no't conduct a hearing and further action on the application shall be deferred until the notification requirement is met.

(e) In addition to said notice and at least fifteen days prior to the date of the hearing, the Planning Commission shall' publish notice of the hearing in a newspaper of general circulation in the County which includes the information provided under section 12. 5( c) (1-4) of this rule.

Criteria for Issuance of Geothermal Resources Permit

The Planning Commission shall grant a geothermal resource permit if it finds that the applicant has demonstrated bY a preponderance of evidence that:

(a) "The proposed g~othermal development activitLes would not have unreasonable adverse health, environmental, or socio-economic effects on residents or surrounding property; and

(b) · The proposed geothermal development activities would not unreasonably ·burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection; and


12.7 Action

(a) Unless there is mutual agreement by the Planning Director, the applicant, and, if applicable, any intervenors in a contested case hearing to extend the ·Period of time for the Planning Commission's action, the Planning Commission shall take action on a properly filed and complete application within six months (180 days) of the date a properly filed application is officially accepted provided that if a contested case hearing is held, the Planning·commission shall take action within nine months (270 days) of the date a properly filed application is officially accepted.


-5-

(d) A final site plan and elevations of proposed temporary and/or permanent stru~tures for the project or any phase of the project.


(a) For any amendments to the Geothermal Resource Permit or its conditions the p~r~ittee shall set forth in writing:

(1) The specific ~mendment ·requested;



(b) In the case of any amendment. concerning a time extension to the permit or its ·conditions, the permittee shall file the request not less than ninety days prior to the dea9line for performance of the condition, setting forth:



( 3) The reasons for the· request.

If either the Planning Director or the Planning Commission is not able to.act on a properly filed time extension request prior to·the deadline for a time extension, the geothermal development activities allowed by the Geothermal Resource Permit may be continued by the Planning Director.

(c) All of the procedures set forth in sections 12. 4 through 12.12 of this Rule and the procedures set forth in other applicable Planning Commission rules shall apply.


(a) If the Planning Director determines that there is noncompliance with the geothermal resource permit or its conditions, the .Planning Director shall so inform in writing the permittee and, if applicable, other appropriate County, State or federal agencies, setting forth the grounds of his determination. Upon receiving notice of the determination of noncompliance, the permittee shall have five days to provide a written response to the notice of determination of noncompliance.

-7-

12. 13 Severability


APPENDIX TO RULE 12

In assessing an application for a geothermal resource permit, the Planning Commission shall impose conditions of approval as the Commission deems appropr"iate and necessary. The following guidelines for conditions are not intended to limit the Planning Commission from including other conditions and excluding or modifying any of the following:

Air Quality: Applicant shall meet Federal and State air quality guidelines and regulations.

Noise: Applicant shall meet Federal, State, and/or County noise gu1delines and regulations.

Water Quality: Applicant shal·l meet Fed.eral and State wa·ter quality guidelines and regulations.

Archaeological and Biological Resources: Surveys shall be conducted to determine the presence and value of archaeological and biological resources and submitted to the Planning Director and other appropriate government agencies for revi.ew a.nd comment prior to approval of land cleari.ng activities. Plans for the protection and maintenance of valuable archaeological and biological resources shall be prepared to ensure·their protection and shall be submitted for approval to the Planning Director and to other appropriate government agencies for review and comment prior to approval of th·e Planning Director.

Security: All unattended well sites, drilling equipment, well heads, sumps, and ponds shall be protected from access by unauthorized persons.

Emergencies: The applicant shall prepare a plan of action to be approved by the Hawaii County Civil Defense Agency to deal with emergency situations such as volcanic activities, earthquakes, fires, well bore ruptures, blowou·ts, and any accidents or spills of hazardous materials which may threaten the health, safety, and welfare of the employees and other persons in the vicinity of the project. The plan shall include procedures to facilitate coordination with appropriate Federal, State and County officials and the evacuation of affected individuals.

-9-

.·

Information and Complaints: Applicant shall designate an individual who has authority to act on behalf of the applicant for the purposes of supplying information and responses deemed necessary by the government agencies who are responsible for monitoring the permitted uses and enforcing conditions of approval of the geothermal resource permit.

Applicant shall publish a telephone number to be manned 24 hours for receiving and responding to noise, odor, or other complaints. Applicant shall keep a log of all complaints received and their responses to be submitted to the Planning Director monthly. Applicant shall also post signs bearing the name of the operator and current telephone number for zeceiving complaints at appropriate locations on the perimeter of the project site. Such appropriate locations shall be approved by the Planning Director.

Indemnification: Applicant, its successors or assigns, shall indemnify and hold the County of Hawaii harmless from and agains~ any loss, liability, claim or demand for property damage, personal injury or death arising out of any act or omission of the applicant, its successors, assigns, officers, employees, contractors, and .agents under·the geothermal resource permit or relating o'r ·connected with the· granting_ of such permit.

Applicant shall protect, indemnify, defend and hold the County of Hawaii harmless against loss, damages, claims and liens of· every kind and character (including but not limited to Workmen's Compensation claims and claims of third parties) which may be occasioned by uses or activities conducted by the applicant under the geothermal resource permit or by reason of the operation or working of applicant, its employees, agents or independent contractors upon the property, or any easement for ingress or egress thereto, including injuries to persons or loss of life or damage to property or nuisance and including, but not limited to, pollution or flooding of the surface or subsurface waters or any pollution of the air, with said indemnification to apply irrespective of whether claims allege the cause to be sudden or gradual.

Insurance: Applicant will at its own expense effect and maintain at a1·1 times term insurance coverage for professional liability and comprehensive general liability for risks with respect to the permitted uses and related activities allowed under the geothermal resource permit. The policy shall name the County as an additional insured.

Bond: Any applicant granted a geothermal resource permit shall file with the Planning Department a bond in an amount to be determined and to be made payable to the County of Hawaii to secure the faithful performance of requirements and conditions of approval of the permit, including but not limited to

-11-


Corporation Counsel


--------------====-' 1986.

DANTE K. CARPENTER, Mayor County of Hawaii

-13-

COUNTY OF HAWAII

PLANNING DEPARTMENT 251\UPUNI STREET • HILO, HAWAII 06720 (808) 061·8288

DANH: K. CARPt::'lln:R \by or

AI.Bt:RT I.Ol'liO l.l\L\N Dindor

11.1!\-IA A. PIIA~AIA Deputy Director

August 26, 1986

Rule 12 - Hawaii County Planning Commission Geothermal Resource Permits -Draft IV

After reviewing the many comments received on earlier drafts as well as at the Public Hearings conducted by the Planning Commission, we have completed the enclosed Draft IV of Rule 12 -Hawaii County Planning Commission Geothermal Resource Permit. Draft IV proposes the permit procedure to be followed by the Planning Commission to determine whether geothermal development activities should be allowed in the geothermal resource subzones designated by the State's Board of Land and Natural Resources that are located within Agricultural, Rural and Urban State Land Use Districts in the County of Hawaii.

The Planning Commission will be considering this Draft IV at its meeting of September 11, 1986 to be held in the Hawaii County Councilroom at 10:00 a.m. In view of your past interest, we would appreciate your review and receipt of any comments or recommendations prior to the meeting.

Should you have any questions, please feel free to contact me at 961-8288.

•

ALL/RN

Enclosure

Sincerely,

a. D. --16----ALBERT LONO LYMAN Planning Director -')

r r·<: C~~

•,

·-I ;;...

~ = !11

= Cl en

... -

DRAFT IV-B 8/20/86 23 84d



12.1 Purpose and Authority

This rule governs geothermal resource permit procedures pursuant to authority conferred by section 205-5.1, Hawaii Revised Statutes, as amended, upon the Planning Commission to determine whether proposed geothermal development activities should be allowed. The Planning Commission is the issuing authority for geothermal resource permits in geothermal resource subzones located within Agricultural, Rural and Urban State Land Use Districts in the County.


12. 2 Definitions·

12. 3

As used herein, "geothermal devel"opment activities •, whether' for research or commercialization purposes, means exploration, development, or production of electrical energy from geothermal resources, or as otherwise defined in Hawaii Revised Statutes, Section. 205-5.1.

Contents of Application




(l) Application form;


(J) A written description of the measures proposed to be taken for protection qf the environment, including, but not limited to, the prevention and/or control of:

( i ) ( i i )

(iii) ( i v)

( v) (vi )

(vii) (viii)

Fires, Soil erosion, Surface and ground water. con·tamination, Damage to fish and wildlife.or other natural resources, Air and noise emissions, Hazards to public health and safety, Socio-economic impact(s), and Impact(s) on public infrastructure and services.



Jii) The b~rdening of public agencies to provide Sl,lpport infrastructure such as roads, sewers, water, drainage, school and related services and police and fire

.protection.

(L) Preliminary provisions and/or plans for the monitoring of environmental effects such as noise and air and water quality during each proposed phase of the project (exploration, development and production) demonstrating how the applicant intends to comply with this rule, the rules of the State's Department of Health, and the rules of the State Board of Land and Natural Resources.

(M) A preliminary plan of action for emergency situations which may threaten the health, safety, and welfare of employees and other persons in the vicinity of the proposed project site. including, but not limited to, procedures to facilitate coordination with appropriate Federal, State and County officials and the evacuation of affected individuals.



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12.6


(3) Nature of the proposed geothermal development activities; and ·


(d) If the notification requirement set forth in section 12.5 (c) has not been met, the Planning Commission shall not conduct a hearing and further action on the application shall be deferred until the notification requirement is met.

(e) In addition to said notice and at least fifteen days prior to the date of the hearing, the Planning Commission shall publish notice of the hearing in a newspaper of general circulation in the County which includes the information provided under section 12. 5(c) (1-4) of this rule.

Criteria for Issuance of Geothermal Resources Permit

The Planning Commission shall grant a geothermal resource permit if it finds that the applicant has demonstrated by a preponderance of.evidence that:

(a) The proposed geothermal development acti vi ti.es would not have unreasonable adverse health, environmental, or socio-economic effects on residents or surrounding property; and

(b) The proposed geothermal development activities would not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school impro·vements, and police and fire protection; and


12.7 Action

(a) Unless there is mutual agreement by the Planning Director, the applicant, and, if applicable, any intervenors in a contested case hearing to extend the -period of time for the Planning Commission's action, the Planning Commission shall take action on a properly filed and complete application within six months (180 days) of the date a properly filed application is officially accepted provided that if a contested case hearing is held, the Planning Commission shall take action within nine months (270 days) of the date a properly filed application is officially accepted.


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(d) A final site plan and elevations of proposed temporary and/or permanent stru~tures for the project or any phase of the project.


(a) For any amendments to the Geothermal Resource Permit or its conditions the permittee shall set forth in writing:




(b) In the case of any amendment. concerning a time extension to the permit or its conditions, the permittee shall file the request not less than ninety days prior to the deadline for performance of the condition, setting forth:

(l) The affected condition;


(3) The reasons for the- request.


(c) All of the procedures set forth in sections 12.4 through 12.12 of this Rule and the procedures set forth in other applicable Planning Commission rules shall apply.


(a) If the Planning Director determines that there is noncompliance with the geothermal resource permit or its conditions, the _Planning Director shall so inform in writing the permittee and, if applicable, other appropriate County, State or federal agencies, setting forth the grounds of his determination. Up.on receiving notice of the determination of noncompliance, the permittee shall have five days to provide a written response to the notice of determination of noncompliance.

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1 2. 13 Severability


APPENDIX TO RULE 12

In assessing an application for a geothermal resource permit, the Planning Commission shall impose conditions of approval as the Commission deems appropriate and necessary. The following guidelines for conditions are not intended to ljmit the Planning Commission from including other conditions and excluding or modifying any of the following:

Air .Quality: Applicant shall meet Federal and State air quality guidelines and regulations.

Noise: Applicant shall meet Federal, State, and/or County noise gu1delines and regulations.

Water Quality: Applicant shall meet Federal and State wate-r quality guidelines and regulations.

Archaeological and Biological Resources: surveys shall be conducted to determine the presence and value of archaeological and biological resources and submitted to the Planning Director and other appropriate government agencies for revi_ew and comment prior to approval of land clearing activities. Plans for the protection and maintenance of valuable archaeological and biological resources shall be prepared to ensure·their protection and shall be submitted for approval to the Planning Director and to other appropriate government agencies for review and comment prior to approval of the Planning Director.

Security: All unattended well sites, drilling equipment, well heads, sumps, and ponds shall be protected from access by unauthorized persons.

Emergencies: The applicant shall prepare a plan of action to be approved by the Hawaii County Civil Defense Agency to deal with emergency situations such as volcanic activities, earthquakes, fires, well bore ruptures, blowouts, and any accidents or spills of hazardous materials which may threaten the health, safety, and welfare of the employees and other persons in the vicinity of the project. The plan shall include procedures to facilitate coordination with appropriate Federal, State and County officials and the evacuation of affected individuals.

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. '.

Information.and Complaints: Applicant shall designate an individual who has authority to act on behalf of the applicant for the purposes of supplying information and responses deemed necessary by the government agencies who are responsible for monitoring the permitted uses and enforcing conditions of approval of the geotherma~ resource permit.

Applicant shall publish a telephone number to be manned 24 hours for receiving and responding to noise, odor, or other complaints. Applicant shall keep a log of all complaints received and their responses to be submitted to the Planning Director monthly. Applicant shall also post signs bearing the name of the operator and current telephone number for receiving complaints at appropriate locations on the perimeter of 'the project site. Such appropriate locations shall be approved by the Planning Director.

Indemnification: Applicant, its successors or assigns, shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for property damage, personal injury or death arising out of any act or omission of the applicant, its successors, assigns, officers, employees, contractors, and .agents under·tbe geothermal resource permit or re~ating o'r connected with the granting. of such permit.

Applicant shall protect, indemnify, defend and hold the County of Hawaii harmless against loss, damages, claims and liens of every kind and character (including but not limited to Workmen's Compensation claims and claims of third parties) which may be occasioned by uses or activities conducted by the applican~ under the geothermal resource permit or by reason of the operation or working of applicant, its employees, agents or independent contractors upon the property, or any easement for ingress or egress thereto, including injuries to persons or loss of life or damage to property or nuisance and including, but not limited to, pollution or flooding of the surface or subsurface waters or any pollution of the air, with said indemnification to apply irrespective of whether claims allege the cause to be sudden or gradual.

Insurance: Applicant will at its own expense effect and maintain at all times term insurance coverage for professional liability and comprehensive general liability for risks with respect to the permitted uses and related activities allowed under the geothermal resource permit. The policy shall name the County as an additional insured.

Bond: Any applicant granted a geothermal resource permit shall file with the Planning Department a bond in an amount to be determined and to be made payable to the County of Hawaii to secure the faithful performance of requirements and conditions of approval of the permit, including but not limited to

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. .


Corporation Counsel


-------------------' ~986.

DANTE K. CARP ENTER, Mayor County of Hawaii

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I PLANNING DEPARTMENT 25 AUPUNI STREET e HILO, HAWAII 96720 (808) 961-8288

86 J UN 3 A B: 24 OANH: K. CARPfNn:R .

COUNTY OF HAWAII

Mayor

Mr. Susumu Ono, Chairman Board of Land and Natural Resources P. 0. Box 621 Honolulu, HI 96804

Dear Mr. Ono:

May 30, 1986

Draft III Rule 12 - Hawaii county Planning Commission Geothermal Resource Permits

After reviewing the many comments received on the earlier drafts, we completed the enclosed Draft III of Rule 12 - Hawaii county Planning commission Geothermal Resource Permit. Draft III proposes the permit procedure to be followed by the Planning commission to determine whether geothermal development activities should be allowed in the geothermal resource subzones designated by the state's Board of Land and Natural Resources that are located within Agricultural, Rural and State Land Use Districts in the county of Hawaii.

We would appreciate your review of this Draft III. We have scheduled a Public Workshop on this Draft Rule for Saturday, June 28, 1986, in the Hawaii county council Room, from 9:00 AM to 12:00 Noon. We intend to review all comments and make appropriate revisions before transmitting the revised draft for the Planning commission's consideration. we will then submit the revised draft to the Planning Commission. The Planning commission will then_ conduct a public hearing(s) prior to acting on the proposal. gg

Should you have questions on this draft in the mearl~ime, '§_eas-ec feel free to contact me at 961-8288. . . 1

"- lt>J J Sincerely, .. '

-o (_ -:.

u.-L~ ~

., -n "11 -., _,

ALBERT LON LYMAN 0 .. Planning Director [11 tv

ALL/RN:aeb

enclosure

cc: DOWALD(with enclosure)

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12.1

12. 2


RULE 12. GEOTHERMAL RESOURCE PERMITS -------------------------·-------------------

_P_ll_fp_0_5>_~_a_nd __ A_u_t_!l_o_r_i_t_y

~his rule governs geothermal resource permit procedures pursuant to authority conferred by section 205-~.1, hawaii Reviseo Statutes, as amended, upon the Planning Comr:1ission to deterr.,ine whether proposed geothermal development activities shoul~ be allowed. The Planning Commission is the issuing authority Lor geothermal resource permits in geothermal resource subzones located within Agricultural, Rural and Urban State Land Use Districts in the County.

The Planning Commission's approval of an application for a geothermal resource permit shall not in any way abrogate nor supercede the provisions of Chapters 182 and 183, hRS, and rules promulgated thereunder.

Definitions

As used herein, "geothermal development activities", wl1ether tor -research or commercialization purposes, means exploration, development, or production of electrical energy from geothermal resources, or as otherwise defined in hawaii Revised Statutes, Section 205-5.1.

1 2. 3 _s;_p_n_!:~ n_t_s _ _ oL ~pp_l_i _c_9_tj _p_11

Any flerson \Jl1o desires to conduct geothermal development activities on land that is located within a geothermal resource subzone and located IJithin either the Agricultural, t<ural cr Urban State Land Use Districts shall apply to the Planning Commission for a geotherinal resource pern1it. An ap~licacion ror a gec.,tllermal resource perrr,it shall be filec in the Planninc; ilepartrr1ent's off1ce and shall ir1clude the following:

(a) Non-refundable filing ana processing fee of one thousana dollars.


(l) Application form;


(A) A description of the property for which a permit is being requested to include the property's real property tax map key designation and a description of the property's location within the County.

(B) A written statement describing the scope of the planned activities and presenting the applicant's reasons for requesting the permit.

(C) A preliminary plot or site plan of the property, drawn to scale, showing all existing and proposed uses and location of structures including, but not limited to, drilling sites, wells, access roadways, water sources, waste water collection and disposal systems, the geothermal steam and/or brine collection and disposal systems, power plant(s) and electrical power distribution systems.

(D) ~relintinary elevation drawings of the proposed temporary and permanent structures.

(E) The proposed locations and elevations and depths ot all superstructures and drilling rigs, bottom hole location, casing program, proposed well completion program, size and shape of drilling sites, and location of all existing and proposed access roads.

(F) Areas of potential temporary and/or permanent surface disturbance, including, but not limited to, excavation and grading sites, the location of car.1p sites, airstrips, and other support facilities, excavation and Larrow pits for roaos and other construction activities.

(G) A written description of the methods for disposing ot well effluent ana other wastes.

(H) A geologist's report on the site and surrour;ding area's surface and subsurface geology, nature and occurrence of known or potential seological hazards and geothermal resources, surface and ground water resources, topographic features of the land, and drainage patterns.

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(I) Pre-exploration meteorological, ambient air quality and noise level measurements that demonstrate the potential effects on surrounding properties through air quality and noise impact analysis models.


( i) ( i iJ

( i i i ) ( i v)

( v) (vi J

( vii) (viii)

Fires, Soil erosion, Surface and ground water contamination, Damage to fish and wildlife or other natural resources, Air and noise emissions, Hazards to public health and safety, Socio-economic impact(s),and Impact(s) on public infrastructure and services.


( i) Any effects to residents or surrounding properties in the areas of health, environment and socio-economic activities;

(ii) The burdening of public agencies to provide support infrastructure such as roads, sewers, water, drainage, school and related services and police and fire protection.

(L) Preliminary provisions and/or plans for the monitoring of environmental effects such as noise and air and water quality auring each proposed phase of the project (exploration, development and production) demonstrating how the applicant intends to comply with this rule, the rules of the State's Department of Health, and the rules of tl1e State Board of Land and Natural Resources.

(M) A preliminary plan of action for emergency situations which may threaten the health, safety, and welfare of employees and other persons in the vicinity of the proposed project site including, but not limited to, procedures to facilitate coordination with appropriate State and County officials and the evacuation of affected individuals.

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i.:·:) l'reliminary tH.h'>table(s) anu/or schec!'lle(s) fer each proposed phase of the proJect.

(0) Methoo(s) of presenting t1rn2ly ~regress reports to the Planning Coinmission.

(jc) Other pert1nent information or uata w·hich the Planning Director may require to support the ap~licat1on for the util1zation of geothermal resources and the protection of the environ~ent.

(c) Graph1c representations suitable for both staff analysis and public presentation, including the depletion of the project bounaaries, reference points (roadways, shoreline, etc.), existing ana proposea structures ana appurtenances. Graphics tor publ1c presentat1on snall oe a minimum of 2 feet by 3 feet in dimension, drawn to scale on a map or maps of 1:24,000 scale or larger when required by the Commission.

12.4 f'roperly Flled ~plj_s;ation

With1n twenty Jays of receipt of an application, the Planning Director shall review it to determine if it is complete. An application that is determined to be complete shall he officially accepted within twenty aays of receipt of the application anu the applicant shall be so notified 1n writing.

12. 5 E!_e_'!_r_i_n_g __ a_n_d __ N_o_t_i_f_i_c_a_t_i_o_n

(a) Wichin a period of ninety days from the aate ot off1C1al acceptance of a properly filed and completed application, the Plann1ng Director, on oer.alf of the Planning Commission, shall set a date for a public hearing.

(b) The Plann1ng Comrniss1on shall conduct a public hearing and/or a contestee case hearing pursuant to the Planning C~nmision Rules pertaining to public and contested case hearings.

(c) Prompcly after the Planning D1rector fixes a date for the public hearing ana at least 15 days before the cate of the publ1c hearing, the applicant siiall mail a notice of the hearing to owners of interests in properties, as shown on the current real property tax rolls at the County Real Property Tax Office, within three hundred feet of the perimeter boundary of the property fur \;hicL a penut is being requested (or as determined by the Planning Director), and to ether interested persons ur groups as ~ay be determinea by the Planning Director. Such notice shall state:

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12. 6

(1) Name of the applica11t;



(4) Date, time, ana place of the hearing.

(d) If the notification requirement set forth in section 1~.5 (c) has not been met, the Plann1ng Commission shall not conduct a hearing and further action on the application shall be deterrea unt1l the notification requirement is met to the satisfaction of the Planning Director.

(e) In addition to sa1d notice and at least f1fteen days prior to the date of the hearing, the Planning Commission shall publish notice of the hearing in a newspaper of general circulation in the County which includes the information providea unaer section 12.S(c)(l-4) of this rule.

Criteria fer Issuance of Geothermal Resources Permit - --··-·-- -- ---------------------------------- --·-- -------- --·-

The Planning Co~nission shall grant a geothermal resource perm1t if it finds that the applicant has demonstratea by a ~reponderance of evidence that:

(1) The proposed geothermal development activities would not have unreasonable adverse health, environmental, or socio-economic effects on residents or surrounding property;

(2) The proposed geothermal development activities would not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection;

(~) There are reasonable measures available to tnitigate the unreasonable adverse effects or burdens referred tc above.

12.7 Action

(a) The Plann1ng Commiss1on shall take action on a properly tiled and complete applicat1on within six months (lbU aay~) of the aate a properly filea application is officially accepted; provided that if a contested case i1earing is held, the Planning Comi;Jission shall take act1on 11itfJin nine months (270 days) of the date a properly filea application is officially acceptea.

(b) The Pla11ning Commission's action shall either:

(1) Grant the geotherntal resource permit as requested by the applicant basea upon the satisfaction of criter1a in section 12.6 above and stating the reasons

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therefore, subJect to performance, reporting and other appropriate conditions imposed by the commission.

(2) Grant the geothermal resource permit as n1ay be modified from the applicant's request and stating the reasons therefore, subject to performance, reporting, and other appropriate conditions imposed by the Commission.

(3) Grant the geothermal resource permit in phases or increments dependent upon the timely and progressive completion of a precedent phase or incremer1t and stating the reasons therefore, subject to performance, reporting, and other appropriate conditions imposed by the Commission.

(4) Deny the geothermal resource permit and state the reasons therefore.

(c) Within fourteen days of the ~lanning Commission's action, the Chairperson of the Commission shall issue official written notification to the applicant of the Commission's action including any performance, reporting, and other appropriate conditions imposed by the Commission.

(d) Unless there is mutual agreement by the Planning Director, the applicant, and, if applicable, any intervenors in a contested case hearing to extend the period of time for the Planning Commission's action, the application shall oe considered as being approved if the Commission fails to render a decision within the prescribed period.


(a) Copies of approved permits and other applicable approvals for the proJeCt or any phase of the project from other County, State or federal agencies as applicable.

(c) Final plans or provisions for monitoring environmental effects of the project or any phase of the project such as noise, air and water quality as may be required to insure compliance with County rules and the rules of the State's Department of Eealth and Board of Land and ~atural Resources, and other permit-issuing agencies.

(c) A final plan of action to deal with emergency situations which may threaten the health, safety, and welfare of the eitlployees and other persons in the vicinity of the proposed project site. The plan shall include procedures to

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facilitate coordination with appropriate State and county officials and the evacuation of affected individuals.

(d) A final site plan and elevations of proposed temporary and/or permanent structures for the project or any phase of the proJect.


(a) As a condition of approval, the Planning Commission may authorize the Planning Director to make administratively minor non-substantive amendments to the conditions of an approved permit, including amendments related to time extensions. If the Planning Director disapproves a minor non-substantive amendment, then the amendment shall be referred to the Planning commission.

(b) For other than minor non-substantive amendments approvea administratively, the permittee shall apply to the Planning Commission for an amendment to the geothermal resource permit or to any conditions imposed thereon.

(c) For any amendments to the Geothermal Resource Permit or its conditions the permittee shall set forth in writing:




(d) In the case of any amendment concerning a time extension to the permit or its conditions, the permittee shall file the request not less than ninety days prior to the deadline for performance of the condition, setting forth:


(2) The length of time requestea; and


If either the Planning Director or the Planning Commissior. is not able to act on a properly filed time extension request prior to the deadline for a time extension, the geothermal development activities allowed by tbe Geothermal Resource Permit may be continued by the Planning Director.

(e) Except for minor non-substantive amer.dments that the Planning Director is authorized to make, all of the procedures set forth in sections 12.4 througl1 12. 12 of this Rule and the procedures set forth in other a~plicable Planning Commission rules shall apply.

1~.10 Enforcement of Perm1t and Conditions

(a) If the Planning Director aetermines that there is noncompliance with the geothermal resource permit or its condit1ons, the Planning Director shall so inform in writing the permittee and, if applicable, other appropriate County, State or federal agencies, setting forth the grounds of his determination. Upon receiving notice of the determination of noncompliance, the permittee shall have five days to provide a written response to the notice of determination of noncompliance.

(b) Notwithstanding any written response submittea by the permittee, it the Planning Director affirms the determination of noncompliance, he shall so advise the permittee in writing. The permittee shall have five days thereafter to correct the noncompliance; providea that the Planning Director may allow a longer period upon a finaing of good cause, such as where circumstances beyona the permittee's control will prevent compliance within the five-day period.


(d) If the permittee fails to correct the noncompliance within the requ1red time period, the Planning Director shall refer the matter with his recommendations to the Planning Commission for further disposition, which may include, but is not limited to, either the revocation or the mod1fication of the permit.

(e) Notwithstanding any other provision of this section, pending a hearing by the Planning Commission the Planning Director may immediately and temporarily suspend the permit and operations allov;ed thereunder. Notice of a temporary suspension shall be provided in writing or orally with subsequent written confirmation within three days to the permittee and shall set forth the reasons for the temporary suspension. The Plann1ng Director may reactivate the perm1t upon a subsequent finding of the permittee's compliance with the permit conaition. Subject to tl1e Planning Comm1ssion rules, the permittee may at any time request a hearing before the Planning Commission for its review and action with regard to the permit's temporary suspension or any subsequent refusal of th~ Planning Director to reactivate the permit. Referrals by the Planning Director to the Planning Commission and revie11s by the Planning Commission of the Flanning Director's action shall be heard at the Commission's next 1neeting when the matter can be placed on the Commission's agenda

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' . .

~2.11 Pena1t1es

If a permittee, its successors or assigns does 11ot conply with any provision of a perm1t or its conditiot1s issued under this Rule tl1ey may be subject to a civil fine not to exceed those provided for by applicable statutes.

12.12 Appeals

Any person aggrieved by the action of the Planning Comn;ission in the issuance of a geothermal resource permit or an amendment of condition or permit under section 12.9 shall oe entitled to appeal such decision to the applicable court of the State of Hawaii.

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COUNTY OF HAWAII

PLANNING DEPARTMENT 25 AUPUNI STREET e HILO, HAWAII96720 (808) 961·8288 DAI'IOTE K. CARPfo:NTt:R

Mayor

ALBERT U)NO LYMAN Director

I LIMA A. PIIANAIA p_~uty Director

11ay _3Q, 191!6 L -

Mr. Manabu Tagomori, Manager Division of Water and Land Development Department of Land and Natural Resources P.O. Box 373 Honolulu, HI 96809

Dear Mr. Tagomori:

Draft III Rule 12 - Hawaii county Planning commission Geothermal Resource Permits

In our letter of May 27, 1986, requesting use of your conference room, we informed you of our Public Workshop on this proposed Rule. We have since rescheduled this Workshop from Saturday, June 14, 1986 to Saturday, June 28, 1986. The Workshop will be held in the Hawaii county Council Room from 9:00 AM to 12:00 Noon.

We would be pleased if you or your representative attended this workshop. If this rescheduling causes some inconvenience, please accept our apologies.

Again, your continued cooperation is appreciated.

RN:aeb

Sincerely,

C.Lft~-ALBERT LONO LYMAN Planning Director

COPY PLANNING DEPARTMENT

25 A{JPUNI STREET

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12.1

12. L

l 2. 3

RULE 12.


GEOTHERMAL RESOURCE PERMITS

~his rule governs geothermal resource permit procedures pursuant to authority conferred by section 205-~.1, hawaii Revisea Statutes, as amended, upon the Plann1ng Comwission to deter"'ine whether proposed geothermal development activities should be allowed. The Planning Commission is the issuing authority LOr geothermal resource permits in geothermal resource subzones located within Agricultural, Rural and Urban State Land Use Districts in the County.


Definitions

As used herein, "geothermal development act1vities", wl1ether for research or commercialization purposes, means exploration, development, or production of electrical e11ergy from geothermal resources, or as otherwise defined in hawaii Revised Statutes, Section 205-5.1.

S:SJ_n_t~ n_t_s _ _ oL i'PP _l_i _c_9_t_i SJ.£1

Any person WllO desires to conduct geothermal development activities on land that is located within a geothermal resource subzone and located IJithin either the t\gricultural, !\ural or Urban State Land Use Districts shall apply to the Planning Commission for a geother111al resource pern1it. ~n ap~licacion tor a geGthermal resource perrr,it shall be fileC: in the f'lannins Departn1ent's off1ce and shall iroclude the following:

(a) Goo-refundable filing ana processing fee of one thousana dollars.




(A) A description of the property for which a permit is being requested to include the property's real property tax map key designation and a description ot the property's location within the County.

(B) A written statement describing the scope of the planned activities and presenting the applicant's reasons for requesting the permit.

(C) A preliminary plot or site plan of the property, drawn to scale, showing all existing and proposed uses and location of structures including, but not limited to, drilling sites, wells, access roadways, water sources, waste water collection and disposal systems, the geothermal steam and/or brine collection and disposal systems, power plant(s) and electrical power distribution systems.

(D) ~relintinary elevation drawings of the proposed temporary and permanent structures.

(E) The proposed locations and elevations and depths ot all superstructures and drilling rigs, bottom hole location, casing program, proposed well completion program, size and shape of drilling sites, and location of all existins and proposed access roads.

(F) Areas of potential temporary and/or ~ermanent surface disturbance, including, but not limited to, excavation and grading sites, the location of camp sites, airstrips, and other support facilities, excavation and borrow pits for reads and other construction activities.

(G) A written uescription of the methods for disposing ot well effluent ana other wastes.

(H) A geologist's report en the site and surrouna1ng area's surface and subsurface geology, nature and occurrence of known or potential seological hazards and geothermal resources, surface and ground water resources, topographic features of the land, and drainage patterns.

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(I) Pre-exploration meteorological, ambient air quality and noise level measurements that aemonstrate the potential effects on surrounding properties through air quality and noise impact analysis models.


( i) ( i i)

( iii) ( i v)

( v) (vi)

(vii) ( viii)

Fires, Soil erosion, Surface and ground water contamination, Damage to fish and wildlife or other natural resources, Air and noise emissions, Hazards to public health and safety, Socio-economic irnpact(s),ana Impact(s) on public infrastructure and services.



( iil The burdening of public agencies to provide support infrastructure such as roads, sewers, water, drainage, school and related services and police and fire protection.

(L) Preliminary provisions and/or plans for the monitoring of environmental effects such as noise and air and water quality during each proposed phase of the project (exploration, development and production) demonstrating how the applicant intends to comply with this rule, the rules of the State's Department of Health, and the rules of the State Board of Land and Natural Resources.

(M) A preliminary plan of action for emergency situations which may threaten the health, safety, and welfare of employees and other persons in the vicinity of the proposed project site including, Lut not limited to, procedures to facilitate coordination with appropriate State and County officials and the evacuation of affected individuals.

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(:'J) JCrc:liminary tlnietaole(s) ana/or schec!,ue(s) fer each proposed phase of the proJect.

(0) l-'lethoo(s) of present1ng timely !Jrogress rerorts to the Planning Commission.

(i') Otllcr pert1nent information or data which the Planning Director may require to support the applicat1on for the util1zation of geothermal resources and the protection of the environment.

(c) Graph1c representations su1table for both statf analysis and public presentation, including the dep1ction of the proJect bounaaries, reference points (roadways, shoreline, etc.), existing ana proposea structures ana appurtenances. Graph1cs tor publ1c presentat1on shall be a minimum of 2 teet by 3 feet in dimension, drawn to scale on a map or maps of 1:24,000 scale or larger Wilen required by the Commission.

With~n twenty Jays of receipt of an application, the Planning Director shall review it to determine if it is complete. An application that 1s determined to be complete shall be officially accepted within twenty aays of receipt of the application ana the applicant shall be so notified in writing.

12 . 5 _!l_e_<;_I_ i_n_9 __ ap_d_ p_o_t_i_f_i_c_a_t_i _o_n

(a) Within a period of ninety days from the date at off1c1al acceptance of a properly filed ana completed at>plication, the Plann1ng Director, on oenalf of the Planning Commission, shall set a date for a public hearing.

(b) The Planning Commiss1on shall conduct a public hearing and/or a contestee case hearing pursuant to the Planning Crnnmisicn Rules pertaining to public and contestee case hearings.

(c! Promptly after the Planning D1rector t1xes a date for the public hearing ana at least 15 days before the cate of the publ1c hearing, the applicant sl1all mail a notice of the hearing to owners of interests in properties, as shown on the current real property tax rolls at the County R~al Property Tax Office, within three l1undred feet of the perimeter boundary of the property for which a perrni t is being requested (or as determined by the JClanning Director), and to other interested persons ur groups as reay be determinec by the ~lanning Director. Such notice shall state:

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12. 6

(1) Name of the applicat1t;



(4) Date, time, ana place of the hearing.

(d) If the notification requirement set forth in section 12.5 (c) has not been met, the Plann1ng Commission shall not conduct a hearing and further action on the application shall be deterreo unt1l the notification reguirement is met to the satisfaction of the Planning Director.

(e) In addition to sa1d notice ana at least f1fteen days prior to the date of the hearing, the Planning Commission shall publish notice of the hearing in a newspaper of general circulation in the County which includes the information providea unaer section 12.5(c)(l-4) of this rule.

The Planning Commission shall grant a geotnermal resource permit if it finds that the applicant has dernonstratea by a preponderance of evidence that:

(1) The proposed geothermal development activities woula not have unreasonable adverse health, environmental, or socio-economic effects on residents or surrounding property;

(2) The proposed geothermal development activities would not unreasonably burden public agencies to previae roads and streets, sewers, water, drainage, school improvenents, an6 police and fire protection;

(3) There are reasonable measures available to tJitigate the unreasonable adverse effects or burdens referred to above.

12.7 Action

(a) The Plann1ng CommlSSlon shall take action on a properly tiled and complete applicat1on Wlthin six montns (lbU aaysl of the aate a properly filea applicat1on is officially accepted; provided that if a contested case hearing is held, the Planning ComL<ission shctll take c.ct1ull >~itl.in nine montlts (270 days) of the date a properly fileo applicc.tion is officially accepteo.

(b) ~he Pla11ning Commiss1on's action snall e1tl.er:

(1) Grant the geothermal resource permit as requested by the applicant basea upon the satisfaction of criterlci in sect1on 12.6 above and stating the reasons

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therefore, subJect to performance, reporting and other appropriate conditions imposed by the commission.

(2) Grant che geothermal resource permit as r:tay be modified from the applicant's request and stating the reasons therefore, subject to performance, reporting, and other appropriate conditions imposed by the Commission.

(3) Grant the geothermal resource permit in phases or increments dependent upon the timely and progressive completion of a precedent phase or increment and stating the reasons therefore, subject to performance, reporting, and other appropriate conditions imposed by the Commission.


(c) 1/ithin fourteen days of the Planning Commission's action, the Chairperson of the Commission shall issue official wr1tten notification to the applicant of the Commission's action including any performance, reporting, and other appropriate conditions imposed by the Commission.

(d) Unless there is mutual agreement by the Planning Director, the applicant, and, if applicable, any intervenors in a contested case hearing to extend the period of time for the Planning Commission's action, the application shall be considered as being approved if the Commission fails to render a decision within the prescribed period.


(a) Copies of approved permits and other applicable approvals for the proJect or any phase of the project from other County, State or federal agencies as applicable.

(o) Final plans or provisions for monitoring environmental effects of the project or any phase of the project such as noise, air and water quality as may be required to insure compliance with County rules and the rules of the State's Department of health and board of Land and l•atural Resources, and other permit-issuing agencies.

(c) A final plan of action to deal with emergency situations which may threaten the health, safety, and welfare of the employees and other persons in the vicinity of the proposed project site. The plan shall include procedures to

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facilitate coordination with appropriate State and county officials and the evacuation of affected individuals.

(d) A final site plan and elevations of proposed temporary and/or permanent structures for the project or any phase of the project.


(a) As a condition of approval, the Planning Commission may authorize the Planning Director to make administratively minor non-substantive amendments to the conditions of an approved permit, including amendments related to time extensions. If the Planning Director disapproves a minor non-substantive amendment, then the amendment shall be referred to the Planning Commission.

(b) For other than minor non-substantive amendments approveo administratively, the permittee shall apply to the Planning Commission for an amendment to the geothermal resource permit or to any conditions imposed thereon.

(c) For any amendments to the Geothermal Resource Permit or its conditions the permittee shall set forth in writing:

(1) The specific amendment requestea;

(2) The reasons for the re~uest, including statements addressing the criteria listed under section 12.6(1) through (3) of this rule; and


(d) In the case of any amendment concerning a time extension to the permit or its conditions, the permittee shall file the request not less than ninety days prior to the deadline for performance of the condition, setting forth:


(2) The length of time requestea; and



(e) Except for minor non-substantive amendments that the Planning Director is authorized to make, all of the procedures set forth in sections l~.4 through 12. 12 of this Rule and the procedures set forth in other afplicaole Planning Commission rules shall apply.

' .

1~.10 Enforcement of Perm1t and Conditions

(a) If the Planning Director determines that there is noncompliance with the geothermal resource permit or its condit1ons, the Planning Director shall so inform in writing the permittee and, if applicable, other appropriate County, State or federal agencies, setting forth the grounds of his determination. Upon receiving notice of the determination of noncompliance, the permittee shall have five days to provide a written response to the notice of determination of noncompliance.

(b) Notwithstanding any written response submitted by the permittee, it the Planning Director affirms the determination of noncompliance, he shall so advise the permittee in writing. The permittee shall have five days thereafter to correct the noncompliance; providea that the Planning Director may allow a longer period upon a finding of good cause, such as where circumstances beyona the permittee's control will prevent compliance within the five-day period.


(d) If the permittee fails to correct the noncompliance within the requ1red time period, the Planning Director shall refer the matter with his recommendations to the Planning Comrn1ssion for further disposition, which may include, but is not limited to, either the revocation or the mod1fication of the permit.

(e) Notwithstanding any other provision of this section, pending a hearing by the Planning Commission the Planning Director may immediately and temporarily suspend the permit and operations allowed thereunder. Notice of a temporary suspension shall be provided in writing or orally with subsequent written confirmation within three days to the permittee and shall set forth the reasons for the temporary suspension. The Plann1ng Director may reactivate the perm1t upon a subsequent finding of the permittee's compliance with the perr.1it condition. Subject to the Planning Comm1ssion rules, the permittee may at any time request a hearing before the Planning Commission for its review and action with regard to the permit's temporary suspension or any subsequent refusal of th~ Planning Director to reactivate the permit. Referrals by the Planning Director to the Planning Cor~mission and revie11s by the Planning Commission of the Planning Director's action shall be heard at the Commission's next 1neeting when the matter can be placed on the Commission's agenda

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·' .

i2.ll Penalt~es

If a permittee, its successors or assigns does rrot comply with any provision of a permit or its cor1ditiorrs issued under this Rule tl1ey may be subject to a civil fine not to exceed those provided for by applicable statutes.

12.12 Appeals

Any person aggrieved by tl1e action of the Planning Comn;ission in the issuance of a geothermal resource permit or an amendment of condition or permit under section 12.9 shall be entitlea to appeal such decision to the applicable court of the State of Hawaii.

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COUNTY OF HAWAII

PLANNING DEPARTMENT 25 AUPUNI STREET e HILO, HA WAil 96720 (808) 961-8288

IH '\H: K. ( .\RPE'\ rER \la~or

\LBERT LONO I.\ \1..\.'\ Oirector

11.1\1.-\ _-\. PIIA:S..\1.-\ Deput~ Director

~ .>.pril 2, 1 s~

$-

Draft III Rule 12 - Hawaii County Planning Commission Geothermal Resource Permits

After reviewing the many comments received on the earlier drafts, we completed the enclosed Draft III of Rule 12 - hawaii County Planning Commission Geothermal Resource Permit. Draft III proposes the permit procedure to be followed by the Planning Commission to determine whether geothermal development activities should be allowed in the geothermal resource subzones designated by the State's Board of Land and Natural Resources that are located within Agricultural, Rural and State Land Use Districts in the County of Hawaii.

We would appreciate your review of this Draft III and receipt 0f any comments or recommendations by April 30, 1986. We intend to review all comments and make appropriate revisions befor2 transmitting the revised draft for the Planning Commission's consideration. we will then submit the revised draft to the Planning Commission. The Planning Commission will then conduct a public hearing(s) prior to acting on the propcsal.

Should you have questions on this draft in the meantime, please feel free to contact me at SCl-8268.

ALL:aeb

Enc.

Sincerely,

Q . Q.. r- -.,.£J;-----ALBERT LONO LYMAN Planning Director

::-::::o---·'

~.-?

h..) (_.j

' ..... --

12.1

12. 2

12. 3




:I I I 'I• ' . ,,. 23

This rule governs geothermal resource permit procedures pursuant to a.w:i:Rcrit; esRB&:Ji•a& &;r aactiou ,4gi icE; 4iaw&if:4 Revise4i &e.atut••, as amended, upon the Planning Commission to determine whether proposed geothermal development activities should be allowed. The lilii:&RRoiR! C&llllllio:lle!:on is tlu~-a.~-~ for ~'iathermii J J::iii~~~p&~ in geothermal resource subzones 1 ocate d .lo!J..t.h..i.""··,A~ly·~f't!l-1·"-and ··U·!!'·~!F"s-t ate Land use Districts in the County.

The Planning Commission's approval of an application for a c;t&<xJ;uu;A;;a,•-£>4!-li·F·e~-·~!'Dti:t-ei:M-l:±···ttOt:·~i-n··cmr'Wl!'Y"·atrroyat:e-•·n'OliOOol~&&Geee .t.he··pto~ri'lrt'Omt·'O'f·~'{:h~e-rs-• ±'i·.i=a-m:tqc&d-;.,. HRS, and rules promulgated thereunder.

Definitions

As used herein, ·~---1·•-v.J.op~~~entc .. ~tl-iNH:i:·'E!s""'; whether for research or commercialization purposes, means exploration, development, or production of electrical energy from geothermal resources, or ii<it"othe-..t,.~·-defin.O-- in· Haw-aii R~vise&'St'a"t:O:t''E!'S';" Section 205-5.1.

Contents of Ap~lication

Any person who desires to conduct geothermal development activities on land that is located within a geothermal resource subzone and located within either the Agricultural, Rural or Urban State Land Use Districts s+Ht·J.il. .. ·-appiy-~o·-~.fte,p.'*-n41~~86.j;o!l' for a geothermal resource permit. An application for a geothermal resource permit shall be filed in the Planning Department's office and shall include the following:

(a) Non-refundable •~n'q" and precessing ..f~.e .. .of.---O»a----tbGl.lsan.Q., ~14!11&•




(A) A aeaa&p$i0'1'1 of the property for which a permit is being requested to include the property's real property tax map key designation and a description of the property's location within the County.

(B) A w&i>ire'h,.-c-t describing the scope of the planned activities and presenting the applicant's reasons for requesting the permit.

(C) A .. £.~,J.,i.,iil.i.Jl:iiU~Jlt·'·itl.~ or site plan of the property, drawn to scale, showing all existing and proposed uses and location of structures including, but not limited to, drilling sites, wells, access

L ~oadways, water sources, waste water collection 1.,)/11> 1 ,{//an~ disposal ~ystems, ~he geothermal steam and/or

Nl/,/f. 'f' 1 bn.ne collect~on and d~ sposal systems, power ~Y plant(s) and electrical power distribution

(rt(),<P systems.

(D) Preliminary ~~l'l~ of the proposed temporary and permanent structures.

(E) The~ locations and elevations and depths of all iJ'IJilrW'·R~JI'e-r and drilling rigs, bottom hole location, casing program, proposed well completion program, size and shape of drilling sites, and location of all existing and proposed access roads.

(F) ,.._. •.. ~potential temporary and/or permanent •*'·l.!;f.aeeo,d.i:&etH:I!NHte~ including, but not 1 imi ted to, excavation and grading sites, the location of camp sites, airstrips, and other support facilities, excavation and borrow pits for roads and other construction activities.

(G) A written fiese.t•~'Mt'll" of the methods for ~iag et well effluent and other llle'iiit.illi<•

(H) A ~-1~liis~l..s-·c~llllo on the site and surrounding area's surface and subsurface geology, nature and occurrence of known or potential geological hazards and geothermal resources, surface and ground water resources, topographic features of the land, and drainage patterns.

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(I) Pre-exploration -...~~•a~li!G'a·r, ambient 4"i'r• ~i..t.llfooand ~~~~-tiiH'~ that demonstrate the potential effects on surrounding properties through air quality and noise impact analysis models.

(J) A written aeae•i.p&'T'OIT of the measures proposed to be taken f;.oi'.•..PJi-c>teeti'Oft·•·uf'· tM"''eT!"f'tY~, including, but not limited to, the prevention and/or control of:

( i) ( i i)

(iii) ( i v)

( v) (vi)

(vii) ( viii)

Fires, Soil erosion, Surface and ground water contamination, Damage to fish and wildlife or other natural resources, Air and noise emissions, Hazards to public health and safety, Socio-economic impact(s),and Impact(s) on public infrastructure and services.

( K) Ql .. aemcntt~ addressing .._•the proposed iisue.;Le.pmea-t-~lo!QIJJ..a, . .m;i..~ or reconcile:


(iil The burdening of public agencies to provide support infrastructure such as roads, sewers, water, drainage, school and related services and police and fire protection.

( L) Preliminary provisions and/or ~-"f<!>'i" the monitoring of environmental effects such as noise and air and water quality during each proposed phase of the project (exploration, development and production) ~monstrat.i+IEJ ~ow~.t.b.Q. .aw1.i"'aAt .i.J;l.ta,llli•h to _.,o;o.llij;lly. •.• w.ith --~N> .. ~+t-·-4!~' l!''l!'i'l!!'S'''~the State's ll.iip;artll<en.t, of- . ....._1-eoh, and the rules of the State ~Qar~~of Land and Natural Resources.

(M) A preliminary .plan• of action...f•oc -r•;renCT situations which may threaten the health, safety, and welfare of employees and other persons in the vicinity of the proposed project site including, but not limited to, procedures to facilitate coordination with appropriate State and County officials and the evacuation of affected individuals.

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(P) Other pertinent information or data which the Planning Director may require to support the application for the utilization of geothermal resources and the protection of the environment.

(c) ~M~"'repl'eeent;atio.as . ..sui table for both staff analysis and public presentation, including the depiction of the project boundaries, reference points (roadways, shoreline, etc.), existing and proposed structures and appurtenances. Graphics for public presentation shall be a minimum of 2 feet by 3 feet in dimension, drawn to scale on a map or maps of 1:24,000 scale or larger when required by the Commission.

12.4 Properly Filed Application

W.it.hi'fl"·~tY" d'~ of receipt of an application, the Planning Dire.ctor shall review it to determine if it is complete. An application that is determined to be complete shall be officially accepted within twenty days of receipt of the application and the applicant shall be so notified in writing.

12.5 Hearing and Notification

(a) W.i.~-*~···•··.P~u;io'l·o.ii-nin&ty-der]"!5 from the date of offic1al acceptance of a properly filed and completed application, the Planning Director, on behalf of the Planning Commission, shall s,at .. '41··date·,fot'·a public··heiH'·irt<?"

(b) The P-.J.aruW.ng Commi.ssi.on .. .shall ceB61.u;:t .a,pu.b:lie-·he&!':"'l~ ~/QJ:-... .o.-.• .GOA.t~iUo~ .• ,.,.c.asa .• ~.._J..-a'ir"~r&ua:nt!~·-·1:'0'·~~-~·'*"'l-.~ ~.i.i.wl ... Ri.iles. ~ertaining to public and contested case hearings.

(cJ Promptly after the Planning Director fixes a date for the public hearing and at least .w;..,.da.ya ... b&i.GJ<Ii!•·the•·o•·-tlP~"'~ .pl,l,b..l.:~.c .. neaJ::in~ the appli.cant! shall mail,.a~ice. of the hearing J;.o. owne.ts ,of inter·e·s·ts·in· p-roperties-, as shown on the current real property tax rolls at the County Real Property Tax Office, w.i.t.hin . .th.t.iilikhundced feet of the • ~ximeter.-boundary.o.f the property for which a permit is being requested (or as determined by the Planning Director), and to other interested persons or groups as may be determined by the Planning Director. Such notice shall state:

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12.6

{1) Name of the applicant;




{d) If the notification requirement set forth in section 12.5 (c) has not been met, the Planning Commission shall not conduct a hearing and further action on the application shall be deterred until the notification requirement is met to the satisfaction of the Planning Director.

(e) i~.addi.t.:iro& ... to said notice and at least fifteen days prior to the date of the hearing, the 1i\J,.uming:,"CGW~~ii\Biiii--"•ft<tlool p.u.ttlisn ·nGti.ae iilf the hearing ~ .. a. .. ruo.w.spaPQ,~; . .o,f, ... .g.ene.r<>.J.. circulation in the County which includes the information provided under section 12.5(c)(l-4) of this rule.

.Cr;i,J;,eri.a" for Issuance of Geothermal Resources Fermi t

The Planning Commission shall grant a geothermal resource permit if it finds that the applicant has demonstrated by a preponderance of evidence that:

{1) The proposed geothermal development activities would not have unreasonable adverse health, environmental, or socio-economic ~ffects on residents or surrounding property;

(2) The proposed geothermal development activities would not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection;

{3) There are reasonable measures available to mitigate the unreasonable adverse effects or burdens referred to above.

1 2 • 7 ..,..i-on "' ----(a) The Planning Commission shall take action on a properly

filed and complete application .wi·~'fic.~i.JK. lllOilt.ii.s ( 180 days) of the date a properly filed application is officially accepted; provided that i>f-·a· c•entested case he-a·ri~-is-. htrlt'il' the Planning Commission shall take action within nine months .,.(."'10 .Qaysl- of the date a properly filed application is officially accepted.

{b) The Planning Commission's~tio~··Shal,l,. either:

(1) Oit!an'P the geothermal resource permit as requested by the applicant based upon the satisfaction of criteria in section 12.6 above and stating the reasons

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therefore, subject to performance, reporting and other appropriate conditions imposed by the Commission.

( 2) Qcant·..-the geothermal resource permit iiB IIU!Iy•M

~w-i.ed• from the applicant's request and stating the reasons therefore, subject to performance, reporting, and other appropriate conditions imposed by the Commission.

( 3) -..orz,othe geothermal resource permit io,a..~.a~ e,lio

~-to--dependent upon the timely and progressive completion of a precedent phase or increment and stating the reasons therefore, subject to performance, reporting, and other appropriate conditions imposed by the Commission.

(4) ~y.the geothermal resource permit and state the reasons therefore.

(c) Wit-hi-n, £oliiR'4!4!1JT·~a-}"!P of the Planning Commission's action, the ~~- fi·,•l!i·he>'-<!-e!ft!lti•I!JS'J.ott ,\3~a.J.J. .. ~'ili''-~H4·e:t~i >u;:it~iiJknot.i~.i.c-.t..i.ou.,..to the applicant of the Commission's action including any performance, reporting, and other appropriate conditions imposed by the Commission.

(d) Unless there is mutual agreement by the Planning Director, the applicant, and, if applicable, any intervenors in a contested case hearing to extend the period of time for the Planning Commission's action, the application shall be considered as being approved if the Commission fails to render a decision within the prescribed period.

Prior to initiating construction of an approved project or any phase of an approved project, the iiilil~kant shall .subjll.:i.J;:,.the following to the Planning Director:

(a) ~iea-oli -approved.peJ:IIIi.t.. and other applicable approvals for the project or any phase of the project -i-11"'·. alii:<~ ~nt:y, State or· federal- agencies as applica.bJ,.e..

(b) l'j.nal ... p.L.a~ or provisions for monitoring environmental effects of the project or any phase of the project such as noise, air and water quality as may be required to insure compliance with County rules and the rules of the State's Department of Health and Board of Land and Natural Resources, and other permit-issuing agencies.

(c) A final t:~lan of action ,.to deal with emergency si tuationsowhich may threaten the health, safety, and welfare of the employees and other persons in the vicinity of the proposed project site. The plan shall include procedures to

-6-

facilitate coordination with appropriate State and County officials and the evacuation of affected individuals.

(d) j\c,·final si·te pla:n.-and elevations of proposed temporary and/or permanent structures for the project or any phase of the project.

12.9 2\mendment~of Permit and Conditions

(a) As a condition of approval, bDe i>'l:annim;ceommii:sa.i:om~ a:uehori'Z1il"''t·mp i't111'1~''1ri"l"e~t- 't11"'1Ualt•"'"Mi•i .. ai s.t ••t~,¥. ;ninor· non .. gutlst-a·rtet'iM!~"aRI&I'n!!lm~t!t'~'· ttl'''tl'fl!i"''e1:'H'rt!f.i>&·~··oer."''-' ~·r:oved·.perllli?, including amendments related to time extensions. If the Planning Director disapproves a minor non-substantive amendment, then the amendment shall be referred to the Planning Commission.

(b) Ji:.GL ""ta~r. than min1H non.,substanti ve amendmerrt'!s approved administratively, the permittee shall ~lY··I:oQ•.the ·PlcanniNg !;.QBIIII<iaa4on.:-for an amendment to the geothermal resource permit or to any conditions imposed thereon.

(c) "i'or·an·y·-nd1tte1tt'S-to the Geothermal Resource Permit or its conditions the permittee·shall set forth in writing:




(d) In the case of any amendment eonCjjj.l:lliA9· a,. t.im&··li-X-h·ano>.i~ to the permit or its conditions, .t~e p.erJ!Ii.t.t«e.o-ba~··"il<io the request ~.t; .. J.lii.lil'ii·· t.ha.n. n,ine.t.y .. says·. p.•i.o,r.,cJiQ .. Jo;h!ikQea.;ll..iniOo for performance of the condition, setting forth:





(e) Except for minor non-substantive amendments that the Planning Director is authorized to make, all of the procedures set forth in sections 12.4 through 12. 12 of this Rule and the procedures set forth in other applicable Planning Commission rules shall apply.

12.10 ~Eft~reemen~ of Permit and Conditions

(a) If the Planning Director determines that there is noncompliance with the geothermal resource permit or its conditions, the Planning Director shall so inform in writing the permittee and, if applicable, other appropriate County, State or federal agencies, setting forth the grounds of his determination. Upon receiving notice of the determination of noncompliance, the permittee shall have five days to provide a written response to the notice of determination of noncompliance.

(b) Notwithstanding any written response submitted by the permittee, if the Planning Director affirms the determination of noncompliance, he shall so advise the permittee in writing. The permittee shall have five days thereafter to correct the noncompliance; provided that the Planning Director may allow a longer period upon a finding of good cause, such as where circumstances beyond the permittee's control will prevent compliance within the five-day period.


(d) If the permittee fails to correct the noncompliance within the required time period, the Planning Director shall refer the matter with his recommendations to the Planning Commission for further disposition, which may include, but is not limited to, either the revocation or the modification of the permit.

(e) Notwithstanding any other provision of this section, pending a hearing by the Planning Commission the Planning Director may immediately and temporarily suspend the permit and operations allowed thereunder. Notice of a temporary suspension shall be provided in writing or orally with subsequent written confirmation within three days to the permittee and shall set forth the reasons for the temporary suspension. The Plannlng Director may reactivate the permit upon a subsequent finding of the permittee's compliance with the permit condition. Subject to the Planning Commission rules, the permittee may at any time request a hearing before the Planning Commission for its review and action with regard to the permit's temporary suspension or any subsequent refusal of the Planning Director to reactivate the permit. Referrals by the Planning Director to the Planning Commission and reviews by the Planning Commission of the Planning Director's action shall be heard at the Commission's next meeting when the matter can be placed on the Commission's agenda

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12.11 Penalties

If a permittee, its successors or assigns does not comply with any provision of a permit or its conditions issued under this Rule they may be subject to a civil fine not to exceed those provided for by applicable statutes.

12.12 Appeals

Any person aggrieved by the action of the Planning Commission in the issuance of a geothermal resource permit or an amendment of condition or permit under section 12.9 shall be entitled to appeal such decision to the applicable court of the State of Hawaii.

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.. I I

COUNT1 OF HAWAIL~::·_STATE OF HAWAII

Bill No. 201 (Draft 2)

ORDINANCE NO.------

\ AN ORDINANOf: M1ENDING HAWAII COUN'l'Y CODE 1983, AS AMENDED, BY ADDING A NEW CHAP'l'E-R, RELA'l'ING TO REGULA':' IONS FOR GE07HERMAL DEVELOPHENT.

\ BE IT OlillAINED\~y THE COUNCIL OF THE COUN'l'Y OF HAWAII:

\

SECJ~ION 1. ifa.waii County Code 1983, as amended, is hereby further amended by\,adding a new chapter to be appropriately:, designat:ed and to r~ad as follows:

\ r_--

"CHAPTER

G\othermal Development ..... _~

Article\1. General Provisions .. . . ~ ~

. . 1 'Th\ h b . d l,;.'th c.n · ".§;,ctl.on .-1. Tl.t .e. ·· 1~. c apter may e cl.te ~ e = GeoEhermal Development Chapter\ C 70-AM..e__)

• •

'

Section -2. Purpose. The ~rpose of this chapter is to describe the conditions under whiclt_ a geothermal resource permit shall be granted in furtherance of 'the J,egislative intent of Section 205-5.1, Hawaii Revised Stat.~tes, which established provisions for geothermal development \activities for the protection of the health, safety and welfare of tk general public. These regulations shall guide the Planning Co~· ission in the issuance of geothermal resource permits in geotherma resource subzones within agricultural, rural and urban state land e districts in the county, pursuant to the authority granted t the commission in Section 205-5.1, Hawaii Revised Statutes. • ese conditions shall in no way abrogate nor supersede the provisions f Chapter 182 and 183,

~ection -3 •• Definitions. As used in this hapter, the following words and phrases, unless the context therwise requires, are defined as follows: \

(a) "Geothermal development activities," means the\~xploration, development, or production of electrical energy from~eothermal resources and direct use applications of geothermal re~ources.

( ~1'-o·::hf;~J.- ..fv<f'lNI f 11

drt<.fr' ...tl- I ) .

Article 2. Administration

.~.<;.CtiQn -4,. Contents of Application. Any person who desires to conduct geothermal development activities on land that is located within a geothermal resource subzone and located within either the Agricultural, Rural or Urban State Land Use Districts shall apply to the Planning Commission for a geothermal resource permit. An application for a geothermal resource permit shall be filed in the Planning Department's o~fice and shall include the following:

.1a) Non-refundable filing and processing fee of one thousand dollars . • ~b) 9rJ.ginal and twenty-five copies of:


(2) Development plan containing written and appropriate graphic descriptions of the property and the proposed geothermal development activities including, but not limited to:

,,tAl A ~escription of the property for which a permit is being requested to include the prope.rty' s real property tax map key designation and a descri~tion of the property's location within the County,, '·

J!>,) ... A.,.written statement describing the scope of the planned activitci'es and presenting the applicant's reasons for requesting the permit ..

(SJ.. A ,ereliminary plot or site plan of the property, drawn to scale, ·showing all existing and proposed uses and location of structures including, but not limited to, drilling sites, wells, access roadways, water sources, waste water collection and disposal systems, the geothermal steam and/or brine collection and disposal systems, power plant(s) electrical power distribution systems; and related facilities for direct use applications

.JP) Pr~liminary elevation drawings of the proposed temporary and permanent structures.

(E) The proposed locations and elevations and depths of all superstructure~ and drilling rigs, bottom hole location, casing program, proposed well completion·program, size and shape of drilling sites, and location of all existing and propo~ed access roads.

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(F) Areas of potential temporary and/or permanent surface disturbahce, inc!uding, but not limited to, excavation and grading sites, the location of camp sites, airstrips, and other support facilities, excavation and borrow pits for roads and other construction activities. (0-p(,<M~J

J."l· Aw•itten description of the methods for disposing of well and power plant effluents including plans for the use of sumps, ponds or reinjection/.in~ection wells. ( '7~)

,(H.) . A ge~logist 's report on the s-ite and surrounding area's surface and subsurface geology, nature and occurrence of known or potential geological hazards and geothermal resources, surface and ground water resources, topographic features of the land, and drainage patterns. (c7 .MM-L)

{!) protection, landscape.

Deta~s relative to access, parking, drainage, safety, signs, lighting provisions, and changes cc;~)

fire in the

(J) Preliminary timetable(s) and/or schedule(s) for each proposed '·pnase of tlte pr~ject. ( C7<MN•~-)

t. I •

(K) Preliminary plans of operation~ which shall describe measures to be taken to address the following: c~dh~ ~ o.3,

I ~r.J.t,, ( 1 ) ( 2 ) ( 3 ) ( 4) ( 5 ) ( 6 ) ( 7 ) ( 8 ) ( 9 )

Air quality monitoring program.. (rz ;-!)

( 10) ( 11 ) ( 12 ) ( 13 ) ( 14) ( 15 ) ( 16 )

Noi.se monitoring program.. ers-t..) Archaeological and biological survey. Cr &-8) Emergency plan .. ( f· e-) Aesthetics program,. (f: ~) Construction, cleaning, erosion, and drainag~(r~-lo) Li~atin9-. Cp- 10\

'

Injection.and/or reinjection wellS'.(f- II) Su:aps and ponds. (f>· II) , Vehicular activity associated with projec,.(<?U"f"~~f' II Public safety program. · Wells. Information and complaints Water quality program. Soil and water conservation Sanitation program.

program.

program.

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lle~r.<4fu··h!M ?Lo..... ~" J CM r B ' 2) " "

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II r· ". o ~ m ocJ,..t,(' 1-.. ~ •ov.4.

-J-

~~tion _,s.. ~ion:::on applicatioJ;v~;;i~(p~~:2ty days of receipt of an application, the Planning Director shall review it to determine if it is complete. An application that is determined to be complete shall be officially accepted within twenty days of receipt of the. appl).cation and the applicant shall be so notified in w r it i n9 • ( VVtod•tle:d- d-~ clv"' ( I ..... I ) (a) The Planning Commission shall conduct a puliJ.lic hearing within a period of.ninety days from the date of official acceptance of a properly filed and comp.leted application. (moch-A.ed-)

. (b) The Planning Commission shall conduct a public hearing and/or a ~ontested case hearing-pursuant to the Planning Commission Rules pertaining to public and contested case hearings. (~.:...)

(c) Promptly after the Planning Director fixes a date for the public hearinc:r and at least 15 dais before the date of the public hearing, the applicant shall mail a aoteice of the hearing to ownereo of interests in properties, as shown on the current real property tax rolls 2lt the County Real Property Tax Office, within one thousand feet of the perimeter boundary of the property for which a permit is being requested (or as determined by the Planning Director), and to other interested persons of groups as may be determined by the Planning Director. Such~notice shall state: (:?d2.AN\e.-)

>, (l) Name of the applicant;




(d) If the notifioation requirement set forth in section -S(c) has not been met, the Planning Commission shall not conduct a hearing and further action on the application shall be deferred until the notification requirement is met to the satisfaction of the Planning Director. (~e-)

(e) In addition to said notice and at least fifteen days prior to the date of the hearing, the Planning Commission shalL,pub±ish• ·notice .of the hearing in a newspaper of general circulation in the County which includes the information provided under section -S(c)(l-4) of this chapter. (~e.-) '7£<..- f 1(,-17

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( p~-<- l7 ~ 1 S) Section -6. Gl:i ter ia for Issuanoe;~ of Geothermal Resource

Permit. The Planning Commission shall grant a geothermal resource permit if it finds that the applicant has demonstrated by a preponderance of evidence that: (<?~e.')

(a) The proposed geothermal development ;;u;:t.ivit.ies would not ha-vQ unreasonable adverse hea~th,.environmental, or socio-economic effects 0~ residents or.surrounding property; c~~)

(b) The proposed geothermal development ac;~tivities would no<t Lf'· 18) unreasonably burden public aqenciea to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection; c~~)

(c) There are reasonable measures available to mitigat~ the ~ unreasonable adverse effects or burdens referred to above. '7eM"1~ exc.epl :

(0,.,;,..._.., : '1«V1f' (d) Y'e: Con· p''" ''c~ w/' <;,ecf-,oYI 4-{r<) 1f 1 +hn.{ ?"j) 1 Section -7. Conditions to be required for permit approval.

:Any~ perm;i,t -~-or a project issued pursuant to Section -6 8ftel_. contain the followingeonditions"!'

(a)

(b)

(c)

(d)

-14~--Cua.litjl!.\ Applicant shall meet all Federal and State air quality guidelines and regulations.

( f\ o1 w, &-,~ru c.:,, ,_ a~ ~.fl-r- :It 1 ) ~iwe. y'Applicant'lshal1 meet all Federal, State, and County noise guidelines and regulations. ( se~ F r;~ {,) ".Archaeo.J.o.Q:i~a·l ann 8 io 1egical .snrysys. Archaeological and biological surveys shall be conducted in conjunction with preliminary land surveying activities and shall be submitted to the Planning Commission for review and approval and other appropriate government agencies for review and comment prior to approval of permit. If the Planning Commission determines that there are areas of archaeological and/or biological significance, appropriate plans shall be prepared to ensuke their protection.

( n-to<kl'\-e.L ~ f· ~- 8 #v.-.d- c~ Jr"'--+r~ I )

~r~enai••r Applicant shall submit and obtain approval from the Hawaii County Civil Defense Agency of a plan of action to deal with emergency situations such as volcanic activities, earthquake, fires, well bore ruptures, blowouts, and any accidents or spills of hazardous materials which may threaten the health, safety, and welfare of the employees and oth~r persons in the vicinity of the proposed project. The plan shall include procedures to facilitate coordination with appropriate Federal, State and County officials and the evacuation of affected individuals.

( vt1 e11 ;:(led- #CYWt r- 0 -hw .... .J , .. • dv.? l't- ~ , )

-5-

( e )

( f )

( g )

4,As;e~ios"" In the siting, design and construction of all phys1cal components, applicant shall propose measures to minimize aesthetic and scenic impact and to preserve the natural beauty of the area. Such measures shall include, but is not limited to, orientation of buildings, when feasible, with the narrow dimension towards any view corridor from which large numbers of the public would 'be able to observe the facility, paint to blend w!i th the backg.round for the facility, the use of nonreflective, li~ht absorbent material and textures and landscaping. ( M(:d.+led.. ~ r· e ( c/.-... .f!.t.- .,j} I) ~nstruetton,~ Claani-ra&; Bass· ' •z d 9uai••!e-. Prior to the commencement of any grubbing, grading or clearing activities, the Applicant or its representative shall comply with all requirements of Chapter 10, Erosion and Sedimentation Control, Hawaii County Code, as amended and Chapter 18, Grading Ordinance, Hawaii County Code. All permanent structural construction work will require a building permit in accordance with applicable provisions of the County Building Code. The hydrologic criteria as incorporate~ in the Hawaii County Storm Drainage Standard sha~l be utilized in establishing storm water runoff for a given drainage basin. On-site burning of debris material shall be done in accordance with the regulations of the Department of Health and the County Fire Department._ ( wt~<J... __p,.,.,.,_., f l o

1 ctr"--+'r :# I)

~ifttin~. Lights on the drilling rig and physical components and lights required during operations at the drilling site shall be shielded and of the lowest intensity as is consistent with worker safety, security, and efficient operations. In any event, all activities and facilities shall meet the requirements of Chapter 14, Article 9, OUtdoor Lighting, of the Hawaii County Code, as amended.

(h) .. MI!.sJos•···· All wells shall be drilled, operated and abandoned in accordance with "Rules on Leasing and Drilling of Geothermal Resources" of the Department of Land and Natural Resources. Wells used for the injection, or reinjection of geoth~rmal brines, power plant effluents, gases, etc. and drywells used for surfacing drainage of stormwater runoff shall conform to the conditions specified in the Department of Health, Administrative Rules, Title 11, Chapter 23, entitled Underground Injection Control.

Cvt~ ~~)

-6-

( i )

( j )

(k)

( 1)

( m)

,~•·'1Utd· Po~ All sumps and ponds shall be operated and purged in a manner meeting with the approval of the State Department of Health. Sump contents and other waste materials to be disposed of from the drilling activity shall be disposed at sites approved by the State Department of Health. Sump and pond location, construction, and operation shall comply with regulationa of the State Department of Health.

( M~.f?te..L. +f-CH"-' (7· II 1 d-r"'A ¥ I ) l/~.i,c-.lar )}cti vitJ,· All work in preparation of the site for dr~±±±ng, the delivery or removal of equipment or material, and heavy truck traffic into the project site shall be restricted to daylight hours except for emergencies and unusual operational conditions. Traffic permits for moving oversize/overweight equipment shall be obtained from the County Department of Public ivorks and/or the State Department of Transportation as appropriate.

( V\'1 t1Ch(',, cL ~ ~ II I. c:J,..-1-f' ~ ~ I ) Ji'opoli.t.a . ., .... Copies of l'lrilling, production, and operation reports, as provided to the State Department of Land and Natural fesources in accordance with Chapter 183 of Title 13, Administrative Rules shall be made available to tbe Planning ,Coml'lission., , ·• ( MOikf..,:J. ~ cc-mk.1.., '"-"'i IJnl/r"i ~ ~dvef"vtl\ ~h .-ft.~ f· I o 1 tl 1

" GPe<'~-t' ""' dn>.:fr ~ 1 ) iiii:li!Jilll. iaf!l!!lr· All primary access ioads to areas of geothermal development activities shall have a sign bearing the name and/or insignia of the operator and the owner and current emergency telephone number of the operator's agent. This sign shall be displayed at all times from the commencement of the project until the well has been abandoned. Signs shall conform to regulations of the Hawaii County Sign Ordinance. All unattended well sites, drilling equipment, well head, sumps, and ponds shall be protected from access by unauthorizedrPersons. , ~ ) (Vh~e-<Y --WE>vVI 'f' 1"2. 1 Jv-<>.:-1'1" I

IP fiiiiioi.IOIA,. Applicant shall grant unrestricted access, subject to safety measures normal and necessary during operations, to authorized governmental representatives or to consultant and contractors hired by governmental agencies for inspection, enforcement, or monitoring activities.

-7-

(n) :i"fli.£Q,flll!l.1!ion and Q;)mpl:aineth ~ Applicant shall designate an individual and an alternate who are to be readily available at all times and who has authority to act on behalf of the Applicant for the purposes of supplying information and responses deemed necessary by the authorized governmental representative who is involved with such activities.

Applicant shall publish a telephone number staffed 24 hours a d?y for receiving noise, odor, or other complaints and shall have an employee available at the project site, 24 hours a day, to respond to such complaints. Applicant shall keep a log of all complaints received and their responses to be submitted to the Planni.ng Department quarterly.

(o) J.q®lllnif,j.c?-.t.i,Qn,. Applicant, its successors or assigns, shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for property damage, personal injury and death arising out of any act or omission of the Applicant, its successors, assigns, officers, employees,~contractors, and agents under this Chapter and geotherJllal resource permit or relating or connected with the granting of such permit.

Applicant shall protect, indemnify, defend and hold the County of Hawaii harmless against loss, damages, claims and liens of every kind and character (including but not limited to Workmen's Compensation claims and claims of third parties) which may be occasioned by Applicant's use or occupation of the Land or any portion thereof or any easement for ingress or egress thereto or by reason of the operations or working of Applicant, its employees, agents or independent contractors upon the Land, or any easement for ingress or egress thereto, including injuries to persons or loss of life or damage to property or nuisance and including, but not limited to, any pollution or flooding of the surface or subsurface waters or any pollution of the air, with said indemnification to apply irrespective of whether claims allege the cause to be sudden or gradual.

-8-

(p) w.J;AA!:Itf~.;;li!,_ Applicant will at its own expense effect and maintain at all times term insurance coverage for automobile liability, professional liability and comprehensive general liability for all risks with respect to the subject land under policies naming the County of Hawaii as an additional insured by an insurance company authorized to do business in Hawaii, such insurance being for injury to one or more persons in any one accident or occurrence and for property damage, r'espectively, with minimum limits of $5 million or such higher limits as is consistent with prudent business practice prevailing from time to time and with the risks involved in the geothermal industry, and will from time to time deposit with the Planning Commission current certificates of such insurance and upon request true copies of such insurance policies. Such insurance policies that are to be provided by Applicant shall contain a clause stating such policies are primary and non-contributing with any other insurance that may be in force on behalf of the County of Hawaii, which shall not be construed to prevent Applicant from carrying excess coverage. ~ ..

(q) Willl-·,~·i•U!f~· Applicant shall meet all Federal and State water. quality guidelines and regulations. c~ <;ec....-!10"')

(r) CRAJ;.,i,n!.!ias. JJJO.imHM.£J;i9~ The Planning COmmission shall exercise cont~nu~ng jurisdiction over all exploratory and development activities authorized by a geothermal resource permit.

(s) aeat.av•iJ.a.Pl•,Fent~l ZeshPB}osy. Applicant shall at all times apply the Best Ava~lable Control Technology" (BACT) especially with respect to geothermal emissions and noise abatement during all phases of the project, including well drilling, testing, power plant operation and direct use applications. "Best Available Control Technology" is defined by the Clean Air Act, as an emission limitation based on the maximum degree of reduction of each pollutant subject to regulation under the Act emitted from or which results from any major emitting facility, which the permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs,

( M<tk-Ae.-.L. .J.r~ f. i (p I J.o, .flf' .d:J 1 )

-9-

( t )

( u )

( v )

( w )

Section

determines is achievable for such facility through application of production processes and available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of each such pollutant. BACT shall be determined by the Planning Commission in consultation with appropriate State, County, and Federal agencies involved in the control or regulation of geotheFmal development.

*AJ.s~·W•teE:· etmseli:'Wltion.... Use of the area shall conform with the program of the appropriate soil and water conservation district or plan approved by and on file with the Planning Commission.

... i~atio~. When provided or required, potable water supply and sanitation facilities shall have the approval of the State Department of Health and the appropriate departments of the County of Hawaii.

CpmplianAA .. ?f.j,.!;,b.,.La.Wft• Applicant shall comply with all Federal, State and County laws, statutes, regulations and ordinarces that may apply.

;,

,Csn<:U,igij§ gf Qtjhe£ W?i ts The County 'incorporates by re erence the conditions of those permits of other governmental agencies, and reserves the right to apply those conditions, as the County deems appropriate, in the event that any of those other governmental agencies cease or substantially alter their regulatory activities or fail to enforce their own requirements. The applicant shall fully reimburse the County for actual costs reasonably incurred by the County in inspecting and monitoring compliance with the foregoing conditions. The applicant shall reimburse the County within thirty (30) days after receipt of any billing. ( ~~~ Sec-I-t""", r.uft r'<; ,_; r~vt +o .t-_,f..,..I.JIL P/o )

-8 ... J .......

(a) The Planning Commission shall take action on a properly filed and complete application within six months (180 days) of the date a properly filed application is officially accepted; provided that if a contested case hearing is held, the Planning Commission shall take action within nine months (270 days) of the date a properly filed application is officially accepted.

-10-

(l) Grant the geothermal resource permit as requested by the applicant based upon the satisfaction of criteria in section -6 above and stating the reasons therefore, subject to performance, reporting and other appropriate conditions impcsed by the Commission.

(2) Grant the geot~ermal resource permit as may be modified from the appli~ant's request and stating the reasons therefore, subject to performance, reporting, and other appropriate conditions impcsed by the Commission.

(3) Grant the geothermal resource permit in phases or increments dependent upon the timely and progressive completion of a precedent phase or increment and stating the reasons therefore, subject to performance_, repcrting,and other appropriate conditions imposed by the Commission.


~ (c) Within fourteen days•_of the Planning Commission's action, the Chairperson of the Commission shall issue official written notification to the applicant of the Commission's action including any performance, reporting, and other appropriate conditions imposed by the Commission. In the case of contested case hearing, the Planning Commission's rules of procedure shall be followed. (l'lock(iecL ')

J,4.L U!Jless there is mutual agreement by the Planning Director, the applicant, and, if applicable, any intervenors in a contested case hearinq to extend the period of time for the Planning Commission's action,, the application shall be considered as being denied if the Commis!;ion fails to render a decision within the prescribed period.

(.~.v~e.)

Section -9. Requirements Prior to Initiating Construction • .. ,,_,,.__ - . Prior to initiating construction of an approved project or any phase of an ctpproved project, the appl~can t jlhall submit .the following to the Planning Director: c ':o(U"VlL-) ~Mef ~~ ~~ 8/ r- 1'1 I W&-L-12-r b f

t'\J Cop~es of approved permits and other applicable approvals for the project or any phase of the project from other County, State or federal agencies as applicable. (~....,..._)

-11-

(b) Final plans or provisions for monitoring environmental effects of the project or any phase of the project such as noise, air, and water quality as may be required to insure compliance with County rules and the rules of the State's Department of Health and Board of Land and Natural Res~urces, and other permit-issuing agencies.

(w.od•.P•..ed- -t-;-lh-V t?· 11, c;Wc,.{'.,- .Jt 1 )

(c) A final plan of actibn to deal with emergency situations which may threaten the health, safety, and welfare of the employees and other persons in the vi,>:inity of the proposed project site. The plan shall include procedures to facilitate coordination with appropriate State and County officials and the evacuation of affected individuals. ( M 19d.,.P,.,..,L)

,l9.l.,, .. A final site plan and elevations of proposed temporary and/or permanenl structures for the project or any phase of the project.

~ction -10, Alllendments of Permi-t arid.ConditiQJ;l~>~.

(a) The• petitioner may apply to the Commission through the Planning 15'epart'ment for an amendm~nt to the permit or condition ( s ) imposed.

(_~e.-)

.(J;>). _In, the case of time extensions, the petitioner shall file the re~tiest not less than nitety days prior to the expiration date of the time conditions, setb.ing forth: (~e-)

(1) The affected condition:



If the Commission is not able to act on a properly filed time extension request prior to the expiration date, the use granted under the permit may be continued, unless the Commission spe,cifically disallows the activity during the interim period

~GJ.~I.n tL~.e case of additions, modifications, and/or deletions of conditions or the original permit granted, the petitioner shall set forth in writing: (?,._..,..e-)


(2) The specific amendment requested; and


-12-

Sectio~~ seM-I...., 1 o r d-n7< { ;-"*" I ) En.forcament of Permit and Conditions..,.

(a) If the Planning Director determines that there is non-compliance -wfi:h- the geothermal resource permit or its conditions, the Planning

Director shall so inform in writing the permittee and, if applicable, other appropriate County, State or Federal agencies, setting forth the grounds of his determination. Upon receiving notice of the determination of non-compliance, the permittee shall have five days to proviel.e a written response to the notice of determination of non-compliance. (~e-)

(b) Notwithstanding any written response submitted by the permittee, -~'·'the Planning Director affirms the determination of non-compliance, he shall so advise the permittee in writing. The permitt.ee shall have five days thereafter to correct the non-compliance; ( 1?~)

(c) The permittee shall request a public hearing with the Planning Commission to amend the permit, should compliance be impossible or impractical to meet. ( mo~-A"'d-)

(d) The Planning Commission shall have authority at all times to close, shut down, terminate, modify, or otherwise impose limitations on any well or any geothe'rmal activity for violations which may endanger public health or safety. Notwithstanding any other provision of this section, pending a hearing by the Planning Commission the Planning Director may immediately and temporarily suspend the permit and operations allowed thereunder. Notice of a temporary suspension shall be provided in writing or orally with subsequent written confirmation within three days to the permittee and shall set forth the reasons for the temporary suspension. Subject to the Planning Commission rules, the permittee may at any time request a hearing before the Planning Commission for its review and action with regard to the permit's temporary suspension. If necessary, referrals by the Planning Director to the Planning Commission and reviews by the Planning Commission of the Planning Director's action shall be ~eard at an emergency meeting of the Planning Commission. (rnod-tf\.ed-)

(};!>'V'N'v ('1 <:e-d<..,_; If cWtA -fr -# I) SeCtio~ -12. P4nalt~es. Any violation of any particular

condition ahd each occurrence thereof shall be subject to a fine as provided by law. (Vh~~~~;d.-)

Sect.JQ!:) -13. Any person aggrieved by the action of the Plarinlng Commission in the issuance of a geothermal resource permit or an amendment of condition or permit under section -8 and -13 shall be entitled to appeal such decision to the applicable court of the State of Hawaii. ( '7~01 ~Me v1 X<'A-ID-1--t. 11-

1dr<t{ r -t:l 1)

-13-

SECTION ~. The Planning Commission shall promulgate rules to cad·y out· the pr;;'visions of this chapter ( ~~~

Slj;"\:;'J:l.oN 3 •. _severability. If any provision of this ordinance is fourtcr to be invalid, such invalidity shall not affect other provisions of this ordinance.

SEC~ION 4. This ordinance shall take effect upon approval.(~)

INTRODUCED BY:

COUNCIL MEMBER, COUNTY OF HAWAII

Hilo, Hawaii

Date of Introduction: Date of lst Reading: Date of ~nd Reading: Effective Date:

-14-

RUSSElL S. KOKUBU:--1

c-•- e.: . ~~-

.. ~

\ ~~_~v. n_.::_WAT_1\r'"tyof HJu:aii_ .

L · • J' [;": ... 1 ! ~~rC>unty Bu.JJmg h,l- ..... l..I..Vi 'j I

.J Awr""' Street

Hilo. H•w•ii 96720

PRESS RELEASE

June 10, 1986 (

Councilman ussell Kokubur. has, introduced a bill to establish

regulations for othermal development in Hawaii County. Bill 201

amends the Hawaii C unty Code by adding a new chapter relatiAg to

geothermal developmen for the purpose of guiding the Planning

Commission in the issuan e of geothermal- resource permits in

geotherrmal

state land

Commission

resource subzon within agricultural, rural, and urban

use districts pur~ant to the authority granted to the

in Section 205-S.l,~awaii Revised Statutes.

Bill 201 was formally introdu d on June 9 at the meeting of

the Hawaii County Council's Subcommx tee on Agriculture and

Energy. Public meetings have been scH duled for June 23,

7:00p.m., at the Pahoa Neighborhood Cen er, June 24, 3:30p.m.,

at the County Council Room and June 24, 7:0p.m., at the Mt. View

Community Library. Councilman Kokubun said, "these meetings are

being scheduled to allow members of the general ublic the

opportunity to provide their input on the propose geothermal

regulations. I would like to see these regulations horoughly \

reviewed and critiqued by the many segments of our com~~nity

(i.e., governmental agencies, business groups, community

organizations, and reside~ts) in order to establish regulations

that are as comprehensive as possible."

. I • , .• I

• •

COUN.'T"YCOUN.CIL C....ryof H....Ui

Hawaii Co""'Y &ilding Hilo, H•waii 96720

Press Release Page 2 June 1.0, 1986

Councilman Kokubun stated that Bill 201 is tentatively

scheduled for consideration a.t th; Subcommittee ~n Ag_riculture and

E11eryy':; meeting oi' July e. Referral of this measure to the

Planning Committee and the full Council will follow. in July and

August, respectively.

Copies of Bill 201 are available at the Office of the County

Clerk, 25 Aupuni Street, Hila, Hawaii, 96720 or by contacting

Councilman Kokubun's office at 961-8263.

COUNCIL COUNTY OF HAWAII 25AUPUNISTHEET

HILO, HAW All 96720

Mr. Susumu Ono, Chairman Department of Land and

Natural Resources Kalanimoku Building 1151 Punchbowl Street Honolulu, HI 96813

,, II ,I" ,II'' I,' I, ,,II ,II'" 11.1

,.

from: ~----~---------- date: -t-, - , ) ~ ,-·-- file in: · 2018. 8. 2. · geothermal resource...

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