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HomeMy WebLinkAboutCOM 0492.003 1996-1998 ~1 o~wty os „~k Virginia Goldstein 4' ~ Director Stephen K. Yamashiro - . ~,I,iig MO~.O1. Nussell Kokuhun • - _ Uepurv Urrerlnr f~R•oi •xiy~ ~II1T2t~~1 II~ ~2t~lIM'ti PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720.4252 (ROR) 9GI-8288 • Fax (SO8) 96]-8742 r December 1, 1997 n r-, r. Honorable James Arakaki, Chairman _ and Members of the County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairman Arakaki and Members of the County Council: As requested in Council Vice-Chairman Al Smith's letter of November 18, 1997, the following information regarding Puna Geothermal Venture's (PGV) Geothermal Resource Permit (GRP) is provided: 1. In summary, Condition No. 24 of GRP No. 2 states that until such time as noise regulations are adopted by the State or County, PGV shall not exceed a general noise level of 55 dBA during daytime and 45 dBA at night at the current nearest residence. (Attachment A) 2. The State Department of Health (DOH) adopted its Community Noise Control rules effective September 23, 1996. In summary, the maximum permissible sound level adopted for uses such as the PGV power plant facility is 70 dRA during night and day. (Attachment B) 3. With the adoption of the State DOH's Community Noise Control rules, the maximum sound levels noted in Condition No. 24 of GRP No. 2 is no longer applicable. The State DOH's maximum sound levels now prevail. 4. Item No. 6 of the Other Agr~Pments and Rer_ommendations as contained in the mediation report between PGV and certain members of the community states, ill summary, that prior to the end of the first year following the commencement of full power plant operation, PGV agrees to make a good faith effort, to minimize the impact of noise generated by project o ep ratio~~n excess,~q z ` ~ DRi~ )tom 4-N~. ~,~,~ti Presented ~ >ar. ~ >,.e. ~t.rti ~ Honorable James Arakaki, Chairman and Members of the County Council Page 2 December 1, 1997 of 40 dBA. Since the power plant has been in operation more than one year, this agreement appears to be no longer applicable. (Attachment C) As we have stated previously regarding Bill 143, the establishment of the Geothermal Asset Fund is critical to addressing :egitimate, substantiated claims for damages and costs incurred as a result of the permitted geothermal activities. It is with this purpose in mind that we request the County Council to adopt Bill 143. Thank you for your consideration. Sincerely, ~ A Go>:DST 1 ~ Planning Director i' NH:pak f: \wpwin60\dept\arakeki.gaf 4 ^ ,~yurice A. Richard, Hawaii Regional Development Manager October 3, 1989 Page 13 23. The permittee shall notify the Planning Department and any resident within 3500 feet of the permittee's project boundary who has previously requested such notice, at least twenty-four (24) 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 open 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. Ontil 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 ezceed a general noise level of 55 dBA during daytime and 45 dBA at night at the current nearest residence. For 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 percent of the time within any 2.0-minute period, and the permittee shall conduct all operations so as to minimize the occurrence, frequency, and duration of this impact 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 from well pads E and F. During these authorized periods, BACT shall be applied. In addition, during the drilling and testing of wells from well pads E and F, the permittee shall meet a general noise level of 55 dBA during the day and 50 dBA during the night at the current nearest residence; and Maurice A. Richard, Hawaii Regional Development Manager October 3, 1989 Page 14 d. For 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, tha£ 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. Final plans or provisions for monitoring environmental effects of the project as required by this Geothermal Resource Permit oz otherwise required to ensure compliance with County rules and the rules of the State Department of Health and Board of Land and Natural Resources and other permit-issuing agencies; c. A final plan of action to deal with emergency situations which may threaten the health, safety, and welfare of the employees and other persons in the vicinity of the proposed project site; and d. A final site plan and elevations of proposed temporary and/or permanent structure's for the project. 26. Prior to commencing any activity approved under this Geothermal Resource Permit on 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 situations which may threaten the ' §11-46-4 §11-46-3 ~ 'FirariOn of zonina distr~c~s_ This section shall describe the zoning districts as specified in Table 1, maximum permissible sound levels in dBA, found in section 11-46-4, and as provided in section 11-46-4: (1) Class A zoning districts include all areas equivalent to lands zoned residential, conservation, preservation, public space, open space, or similar type. (2) Class B zoning districts include all areas equivalent to lands zoned for multi-family dwellings, apartment, business, commercial, hotel, resort, or similar type. (3) Class C zoning districts include all areas equivalent to lands zoned agriculture, count industr al, or similar type. [Eff ~~P 2 3 199 ] (Auth: HRS §§342F-3, 342F-31) (Imp: HRS §§342F-3, 342F-31) §11-46-4 'mum oerm~ss~b~e sound levels in dBA (a) The maximum permissible sound levels specified in ' Table 1, as provided in this subsection and in section 11-46-3, shall apply to the following excessive noise sources: stationary noise sources; and equipment related to agricultural, construction, and industrial activities. Table 1. Maximum permissible sounds levels in dBA. Zoning Districts Daytime Nighttime (7 a m to 10 n m) (~0 ~ m to 7 a.m.) Class A 55 45 Class S 60 50 Class C 70 70 (b) The maximum permissible sound levels in Table 1, as provided in subsection (a), shall apply to any excessive noise source emanating within the specified zoning district, and at any point at or beyond (past) the property line of the premises in a manner deemed 46-7 1969 ~ s §11-46-4 appropriate by the director. (c) Noise levels shall not exceed the maximum permissible sound levels for more than ten per cent of the time within any twenty minute period, except by permit or variance issued under sections 11-46-7 and 11-46-5. (d) For mixed zoning districts, the primary land use designation shall be used to determine the applicable zoning district class and the maximum permissible sound level. (e) The maximum permissible sound level for impulsive noise shall be ten dBA above the maximum permissible sound levels specified in Table 1 of subsection (a). "Fast" meter response shall be used to measure these types of noise. [Eff SEP 2 3 1996 ) (Ruth: HRS §§342F-3, 342F-31) (Imp: HRS §§342F-3, 342F-31) §11-46-5 Exemptions. This chapter shall not apply to the following: (1) Any authorized emergency vehicle or vehicles responding to an emergency call or acting in an emergency; (2) The sounding of any emergency signaling device, including but not limited to civil defense warning systems, burglar and fire alarms, sirens, whistles, or similar signaling devices; (3) Activities related to the emergency maintenance and repair of state and county highways, parks, and public utilities including but not limited to water, sewer, electric, gas, and telephone systems, provided the noise is confined to only the equipment in use; (4) Operation of emergency generators, when installed and used as required and necessary for the protection of public health and safety, provided the best available control technology is implemented; (5) Backup alarm devices on any vehicle, where such device is required by federal or state occupational safety and health regulations; (6) Construction and remedial activities related to the emergency repair of damages caused by 46-8 1469 ~.g1 P GR 1 Ia response to the Governor's latter, Mrs. l3ichard Jones. Mr. Nalsoa Ho, Mr. Ronald Phillips, Mr. "laurice Richard, and.»r. Duane Kanuha agree that they vill initiate additional discussions sad meetings vith each other and vith tae State of Hawaii to .•„-=her - develop proposals and recammendatioas regarding the creation of an asset toad that provides benellta for the local community and for individuals vho are impacted by geothermal developments. (!loraing session, August 18, :989) j, Puna Geothermal Venture agrees LC CDIILTibute the Sum of s1r.000 to an appropriate local community organisation .or the aoie purpose of anaoiing the eommunitY"s lnvo vemeat In t e .orsat~oa and implementation of this a3set~rid'^-PGV further agrees to coatri~ute the sum o1-S50,000 as seed money For this asset Fund to be funded at the time o! the closi~ of the pro3ect coaatructioa loan and to be paid either directly to the load or to as escrow account if tae ?uad is not yet established. (Afternoon sesaioa, August 18, 1989 > 3. Puna Geothermal Venture agrees twat it will, vith regard -o noise, support residents seel~iag benefits from the nssat f•and aho Nv, .re esposed to a measured ambient noise level of 40 dBA at their residences as a result of PGV's activltq. (Afternoon session, August 16, 1989) 4. The parties to the mediation agree that Puna Geothermal Ventura will be a votiag.participaat o! the local community organization and of the managing committee o! the "asset fund". (Afternoon session. August 18, 1989) 5. The parties to the mediation recommend that decisions regarding grants, awards, benefits, and compensations that are made by the asset load should be viewod as arbitral sad final is nature and not sub3eet to ?urther revlev. (Afternoon seas ion, August 16, 1989) X g, Puna Geothermal Venture agrees to complete, prior to the end of the first year following the commencement o! lull power plant operation. the final ad3ustmeat of control measures for noise ~vv~s generated during long term pro3ect operations. During this time, PGV has also agreed to make a good faith e!lort, on a case-bY-case basis vhen requested by any resident. to minimize the impact o! noise generated by pro~eet operations is excess of 40 dBA vhen measured at that residence. (Afternoon session, August 16, 1989) ~ To resolve the issue of impacts to local residents during yell drilling, Puna Geothermal Venture agrees to contribute the sum of 55$,000.00 to an escrow account for the purpose of providing =undo to relocate residents living near a PGV aro3ect geothermal yell during the period o! drilling oP that nearby yell. The parties to n, a D Ylo` Qd ,A~(,v~