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3. Ordinance No. 12-151 does not remove any specific right PGV may have acquired under <br />Geothermal Resource Permit No. 2, as amended, to conduct 24-hour well -drilling at its <br />production site(s); further, as far as this body knows, the noise permit issued by the State <br />Department of Health under which PGV is operating does not address the issue of 24- <br />hour drilling; and <br />WHEREAS, the Council respectfully requests the Office of the Corporation Counsel to <br />re-examine the issues, to represent the Council in a declaratory judgment action to determine the <br />applicability of Ordinance No. 12-151 as it relates to the limited purpose of preventing PGV <br />from conducting 24-hour drilling for its KS -16 production well, and/or to seek injunctive relief, <br />now, therefore, <br />BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the <br />Office of the Corporation Counsel is requested to initiate a declaratory judgment action against <br />PGV to determine whether Ordinance No. 12-151 is applicable to its drilling operations under <br />Geothermal Resource Permit No. 2, as amended. <br />BE IT FURTHER RESOLVED that the Office of the Corporation Counsel is requested <br />to seek injunctive relief arising from the declaratory judgment action. <br />BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this <br />resolution to the Office of the Corporation Counsel. <br />Dated at , Hawai`i, this day of , 20_ <br />COUNTY COUNCIL <br />County of Hawaii <br />Hilo, Hawaii <br />I hereby certify that the foregoing RESOLUTION was by <br />the vote indicated to the right hereof adopted by the COUNCIL of the <br />County of Hawaii on <br />ATTEST: <br />INTRODUCED BY: <br />ROLL CALL VOTE <br />AYES NOES ABS EX <br />CHUNG <br />DAVID <br />EOFF <br />ILAGAN <br />KANUHA <br />ONISHI <br />PALEKA <br />POINDEXTER <br />WILLE <br />Reference: <br />C-93/Waived AW -ESC <br />COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 59 i <br />