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Home My WebLink AboutCOM 0492.007 1996-1998 12-U'.'Ai 11:51 FdS 5085865811 :ASHFS'T4S OFFICE Cdj002 i 1 I 1' ~ LAWRENCE MIIKE B ENJAfdIN J. CAYEfANO \ - ~ ~ a ~ ~ r-' oi~cr J0.0aea~m~ pC`GiA03 wcv.'<x i STATE OF'rlAWAlI . . DEPARTMENT OF HEALTH ~ Utu ~ i~ i I ~ a.0 eox,ara HONOLU_U H4lM1i9 96601 /~G L- Inpre}ply, please refer to- COUI i 17 ~ I~::~w/ ,ff~C. December 2., 1997 MEMORANDUM TO: Hawaii County Council FROM: Jerry Y_ Haruno, Envirotunental Health rogra e Noise, Radiation &; Tndoor Air Quality Br SUBJECT: CORRESPONDENCE ADDRESSED TO MR. CHANCEY HEW OF THE SAFE DRINI~INCx y4'ATER BRAKCH, DEPARTMENT OF HEALTfI, REGARDT,"^JG TESTLMO.NIES A.ND CONCERNS OF PL'NA GEOTHER~47JsJ, y~NTURE OPERATIONS Chapter 11-46, Hawaii Administrative Rules, die Department of Health's Statewide rules on Community Noise Control, was adopted nn September 2~, 1997_ Chapter 11-46 regulates excessive noise from stationary sources, and equipmen[ associated wil'h agricultural, coLLStruction and industrial activities_ An excessive noise source is defined as any stationary noise source; and any equipment related [o agricultural, construction, and industrial activity which emits sound in excess of the ma~:~mum panuissible sound levels Specified in section 11-dti-4. as measured at any point at or beyond !.fie property tole. The maximum permissible sound levels fcr Class t= aon~ng districts (areas equivalent to lands zoned agriculture, country, indusaial or slmilat t}pe) is 70 dBA for daytime (7:00 a. m. to 10:00 p.m.) and nighttime (10:00 p. m. to 7:00 .niJ. During public hearing proceedings on Chapter i I -~6, concerns were addressed regarding the maximum permissible sound levels idcntifi~.d '~~r agricultural zoning classifications, suggesting that such aeeas should be similar to Class A levels or residential zoning class, since residential dwellings exist on a very high F~e.rcentage of agricultural zoned ]ands. ~o. `-f g z. 0 7 let. ~ Prosented co.,,,,~a~ ~ K~w~ww~ 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. 1.,02:97 1J:51 F_~S 80858858ll _dSPF.STVS OFFICE 00.1 tKaurice A. Richard, sawaii Regional Development Hanager octobet 3, 1989 Page 13 23. The permittee shall notify the Planning Department and any resident within 3500 feet of the permittee's project boundarp who bas previously requested such notice, at least twenty-four (241 hours in advance of the open venting of each geothermal well and pipeline cleanout and 14 days before Commencement of drilling. Initial notification to residents shall be made in writing, offering the opportunity to be placed on the notification list. Any other person may request to be on the list. The permittee shall notify the Planning Department immediately prior to the opea venting of any geothermal well and pipeline cleanout. The permittee shall notify the Planning Department following completion of each geothermal well, prior to the demobilization of the drilling rig. 24. - 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: a. During power plant and wellfield operations, the permittee shall not exceed a general noise level of 55 dSA during daytime and ~S dBA at night at the current nearest residence. Fa` the purposes of these guidelines, 'night` is defined as the hours between 7:00 p.m. and 7:00 a.m.; b. The allowable noise levels may be exceeded by a maximum of 10 dBA; however, in any event, the generally allowed noise level should not be exceeded more than 10 percene of the time within any 20-minute period, and the permittee shall conduct all operations so as to minimize the occurrence, frequency, and duration of this impac~. noise; c. The noise level guidelines specified above shall be - waived only for the specified duration of authorized open geothermal well venting from all wells, steam pipeline cleanout periods, and the drilling and testing of wells fLOm well pads E and P. During these authorized periods, BACT shall be applied. In addition, during the drilling and testing of wells from well pads a and F, the permittee shall meet a general noise level ~~f 55 dBA during the day and 50 daA during the night ar- the current nearest residence; and 12. 02. 9i 19:51 F.1S 8085845811 .~15E};STOS GFFICE I~005 Maurice A. Richard, Hawaii Regional Development Hanager October 3, 1989 Page 14 d. Por the purposes of these noise conditions, the 'nearest residence° is hereby defined as: For three years following the date of granting of the Geothermal Resource Permit, that permanently occupied dwelling nearest the applicable noise emission point as of the date of the granting of this permit; for all following years, that permanently occupied dwelling nearest the applicable noise emission point. e. Sound level measurements shall be conducted using standard procedures with sound level meters using the 'A' weighting and `slow' meter response unless otherwise stated. 25. Pursuant to Article 12-8 of the Rules of Practice and Procedure of the County of Hawaii Planning Commission, prior to initiating construction of the project, the permittee shall submit the following to the Planning Director: a. Copies of approved permits and other applicable approvals for the project from other county, state, or federal agencies as applicable; b. Pinal plans or provisions for monitoring environmental effects o£ the project as required by this Geothermal Resource Permit or otherwise required to ensure compliance with County rules and the rules of the State Department of Health and Soard of Land and Natural Resources and other permit-issuing agencies; c. A final plan of action to deal with emergency situations which ma; 4-.hceaten the health, safety, and welfare of the employees and other persons in the vicinity o£ the proposed project site; and d. A final site plan and elevations'of proposed temporary and/or permanent structures for the project. 26. Prior to commencing any activity approved under this Geothermal Resource Permit an the project site, the permittee shall submit to, and secure the approval of, the Hawaii County Civil Defense Director a final plan of action to deal with emergency siC~.aations which may threaten the 12.02.91 1x:51 FdS 8085885811 ASBESTOS OFFICE Cdj001 FACSIMILE TRANSMISSION r. . i STATE OF RAWAII ~ ~17 DEPARTMENT OF HEAITH ~ ;'i l 1 ~ : ; NOISE, RADIATION & INDOOR AIR QUALITY B~AAICH FAX N0. (808} 5865838 PHONE N0. (808) 586.4701 OATS: Uecemher 2, 1997 T0: Hawaii County Council FAX N0. (8081 969.3291 FROM: Jerry Y. Haruno, Environmental Health Program Manager Noise, Radiation & Indoor Air Quality Branch SUBJECT: PUNA GEOTHERMAL VENTURE TOTAL PAGES (including cover page)- 5 HARD COPY TO FOLLOW: YES NO X IF THERE ARE DIFFICULTIES WITH THIS TRANSMISSION, PLEASE CALL (808) 5864701.