BIL 373 Draft 01 2006-2008 - Laserfiche WebLink

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Exceptions providing for burial in open areas may be allowed as determined by the director of public works. Section 10-23. Debris prohibited. No person shall perform any grading operation so as to cause falling rocks, soil or debris in any form to fall, slide, or flow onto adjoining properties, streets or natural watercourses. Section 10-24. Dust control. All work areas within and beyond the actual grading area shall be maintained free from fugitive dust which will cause a nuisance or hazard to others and in conformance with the air pollution control standards contained in Hawaii Administrative Rules, chapter 11-60, "Air Pollution Control," as may be amended. Section 10-25. Noise control. All grading, grubbing and stockpiling operations authorized under this chapter shall be performed in conformance with the applicable provisions of the noise rules contained in Hawaii Administrative Rules, chapter 11-46, "Community Noise Control," as may be amended. Section 10-26. Water quality standards. All grading, grubbing and stockpiling operations authorized under this chapter shall be performed in conformance with the applicable provisions of the water pollution control and water quality standards contained in Hawaii Administrative Rules, chapter 11-55, "Water Pollution Control," as may be amended, and chapter 11-54, "Water Quality Standards," as may be amended. Section 10-27. Special conditions and requirements. (a) Any person performing or causing to be performed an excavation or fill shall, at that person's own expense, provide the necessary means to prevent the movement of earth of the adjoining properties, to protect the improvements thereon, and to maintain the existing natural grade of adjoining properties. (b) Any person performing or causing to be performed, any excavation or fill shall be responsible for the maintenance or restoration of street pavements, sidewalks, curbs, and improvements of public utilities which may be affected. The maintenance or restoration of street pavements, sidewalks and curbs shall be performed in accordance with the requirements of the County and the maintenance and restoration of improvements of public utilities shall be in conformity with the standards of the public utilities companies affected. (c) Any person depositing or causing to be deposited, any silt or other debris in ditches, water courses, drainage facilities, and public roadways, shall remove such silt or other debris. In case such person shall fail, neglect, or refuse to commence remedial work for compliance with the provisions of this section within forty-eight hours after written notice, served upon the person, pursuant to section 10-35, the director of public works, upon a determination of imminent peril, may proceed to remove the silt and other debris or to take any other action the director deems appropriate. A notice of violation shall be issued and the costs incurred for any action taken by the director of public works shall be paid by such person. -15-