COM 0492.007 1996-1998 - Laserfiche WebLink

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12. 02~9i 11:51 Fd3 8o858d5811 i`~°~=SCOS OFFICE ~ 005 PL'tiA GEOTHERMAL VENTURE December 2, 1997 Page 2 Section I1-46-3 provides for similar limits for both agricultural and industrial coning classes due ro the nature of operations, wbich typically generates higher noise levels. Imposing more restrictive standards for such activities would severely impact the larger agricultural industries, including sugar and pineapple. It is important to emphasize that the maximum permissible sound levels established within Chapter 11-46 are statewide noise standards; and substantially based on intended land use. Incompatible land uses are essentially zoning issues which should be addressed by the counties. Condition //34 of the Geofhertnal Resource Permit (GRP 37-1), granted by the County of Hawaii Plam~ing Commission, provides for noise level guidelines. A copy of Condition 1124 is attached. ~'e call your attention to the initial statement of Condition ff24 which states, "Until such time as noise regulations are adopted by the State or County, the permittee shall comply with the following guidelines which shall be enforced by the Planning Department..." We believe that the current Chapter 11-46 supersedes the provisions specified in Condition {i34. However, counties may elect to adopt ordinances controlling noise as provided under Section 46-1?, Hawaii Revised Statutes, which authorizes county councils to adopt and provide for the enforcement of ordinances regulating or prohibiting noise which constitute a public nuisance. The Department of Health's noise program will cti~ntinue to monitor activities conducted by Puna Geothermal Venture to assure that the provisions of Chapter 11-46 are conformed to. Should you have any questions, please call me at >86-4701.