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AWESC-5 Page 2 September 18, 2012 <br /> Mr. Ikeda asked Deputy Corporation Counsel Bill Brilhante to come forward. Mr. Ikeda asked <br /> Mr. Brilhante if the Council can legislate the drilling hours at PGV. Mr. Brilhante explained that <br /> PGV has complied with all requirements set forth under the Hawai`i Revised Statutes, Hawai`i <br /> County Code, and Planning Commission to obtain the appropriate permits. This bill would <br /> disregard all this and make them comply with new requirements that are more stringent than <br /> what was granted under the original permit. Mr. Brilhante feels that PGV has not done anything <br /> at this point to necessitate these changes. He is not sure if the Council has the authority to make <br /> an amendment to the original permit issued by the Planning Commission. <br /> Mr. Ikeda called Mike Keleikini, PGV Manager, to come forward. He asked Mr. Keleikini if <br /> PGV has looked into different methods for sound mitigation. Mr. Keleikini responded that they <br /> have looked at different methods and have already implemented insulation, barriers, and <br /> positioned equipment a certain way to reduce noise. PGV is constantly looking at ways to <br /> improve their sound mitigation efforts. Mr. Ikeda asked if it was possible to mitigate the sound <br /> around the drill site rather than the plant. Mr. Keleikini replied that it is possible. <br /> Mr. Hoffmann asked why the Administration has not taken the initiative to address this issue. <br /> He understands that PGV has adhered to the specific guidelines of their permit under the <br /> Department of Land and Natural Resources (DLNR), but there is a public health and safety issue <br /> that needs to be addressed. He wants the Council, the Administration, and other agencies to <br /> work together cooperatively. <br /> Mr. Pilago stated that PGV and County representatives have provided comment and expressed <br /> their concerns, but they did not address the impact on the community's quality of life. <br /> Ms. Ford explained that the County Council operates under the State Constitution and the <br /> Hawai`i County Charter. Our Charter assigns the policy-making functions to the County <br /> Council. She referenced Planning Director Bobby Jean Leithead-Todd's letter (Communication <br /> No. 825.1), which questions the County's jurisdiction to control geothermal-related drilling noise <br /> when the permit for such drilling activities are issued by DLNR. Ms. Ford claims that the <br /> Council can set policy. The letter also questions which County agency would be responsible for <br /> enforcement. Ms. Ford explained that if the Planning Commission is issuing the permits and <br /> they operate under the Planning Department, then the Planning Department should be <br /> responsible for enforcement. Ms. Ford emphasized that this is a policy bill. It does not prohibit <br /> geothermal or drilling on this island, it just sets the drilling time. She believes that the Council <br /> has the legal right and obligation to protect the public and that it has jurisdiction under the State <br /> Constitution and the County Charter to set policy. Furthermore, because the drilling times are <br /> not covered by any State law, the County has the right to set policy on this particular issue to <br /> protect the public health, safety and welfare. Ms. Ford feels that it is unfortunate that an <br /> industrial operation was allowed in an agriculture district that is also a residential area. <br /> Ms. Smart is not concerned with whose jurisdiction this falls under or which department will be <br /> responsible for enforcement; she just wants this passed, and the rest of the details can be worked <br /> out later. <br />