Chapter 10 Erosion and Sedimentary control

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§ 10-1 HAWAII COUNTY CODE (14) "Soil and water conservation districts" means the legal subdivisions of the State of Hawai`i authorized under chapter 180, Hawaii Revised Statutes. (15) "Stockpiling" means the temporary storage of soil, sand, gravel, rock or other similar material in excess of five hundred cubic yards upon any premises for the purpose of using the material as fill material at some future time. (1983 CC, c 10, art 1, sec 10-1; am 2001, ord 01-108, sec 3.) Section 10-2. Hazardous conditions. (a) Whenever the director of public works determines that any existing excavation, fill, grubbing or stockpiling has become a hazard to property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation, fill, grubbing or stockpiling is located, or other person or agent in control of said property, upon receipt of notice in writing from the director of public works shall within the period specified therein repair or eliminate the hazard and be in conformance with the requirements of this chapter. (b) The director of public works or the director's authorized representatives are hereby authorized to enter any property to determine or to enforce the provisions of this chapter. (1983 CC, c 10, art 1, sec 10-2; am 2001, ord 01-108, sec 1.) Section 10-3. Exclusions. (a) All work in this section must conform to the provisions of section 10-26 to be considered for exclusion. (b) This chapter shall not apply to the following: (1) Mining or quarrying operations regulated by other County ordinance or governmental agencies. (2) Grading within the building lines for basements and footings of a building, retaining wall, or other structure, authorized by a valid building permit. (3) Grading and grubbing on individual cemetery plots. (4) Sanitary filling and operation of rubbish dumps. (5) Agricultural operations, including ranching incidental to or in conjunction with crop or livestock production and all other operations that are in conformance with soil conservation practices acceptable to the applicable soil and water conservation district directors and in accordance with an actively pursued comprehensive conservation program, providing: (A) Such operations do not alter the general and localized drainage patterns with respect to abutting properties. (B) A conservation program for the affected properties acceptable to and approved by the applicable soil and water conservation district directors is filed with the soil conservation district. 10-2