HomeMy WebLinkAboutCOM 0825.051 2010-2012 ���tv os„ ;' Phone No.: (808)961-8261
DONALD IKEDA X6.12:
Council Member • • "„S�� Fax No.: (808)961-8912
District 2 South Hilo �."�°s,,11 E-mail: dikeda @co.hawaii.hi.us
'ATE O;.11.0
HAWAII COUNTY COUNCIL
County of Hawai`i
Hawaii County Building
25 Aupuni Street
Hilo, Hawai`i 96720
DATE: October 19, 2012
TO: Dominic Yagong, Council Chair •�
And Members of the Hawai`i County Council �.a
FROM: qonald Ikeda, Council Member
SUBJECT: Proposed Amendments to Bill No. 292, Relating to Geothermal Drilling
Please see attached proposed amendments to Bill No. 292. The proposed amendments are
illustrated below in Ramseyer format with respect to the contents of Bill No. 292, and are in bold
for illustrative purposes only.
Bill No. 292 is amended by adding a new section, to be inserted as the last section of the
new article to chapter 14, to read as follows:
"Section 14- . Exceptions.
The restrictions of this article shall not be interpreted or construed to deprive rights of
a geothermal developer to conduct drilling operations which vested prior to the
implementation of this article."
Attached is a draft copy of Bill No. 292, Draft 2, with this amendment incorporated.
DI:awm
att.
Comm. No.
Ref.To•_
Ref. Date 1 9
Hawai`i County is an Equal Opportunity Provider and Employer.
AN ORDINANCE AMENDING CHAPTER 14, GENERAL WELFARE, HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
GEOTHERMAL DRILLING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 14, Hawai`i County Code 1983 (2005 Edition, as amended), is amended
by adding a new article to be appropriately designated and to read as follows:
" Article_. Geothermal Drilling.
Section 14- . Definitions.
For the purposes of this article, the following words and phrases, unless the context
otherwise requires, shall be defined as indicated:
"residence" means a building or a part thereof permitted and designed for or used for a
home.
"one mile" means the measurement made from the well bore, in a straight line, without
regard to intervening structures or objects, to the property line of the nearest residence.
Section 14- . Restrictions.
Geothermal resources exploration drilling and geothermal production drilling operations
being conducted one mile or less from a residence, shall be restricted to the operating hours
of 7:00 a.m. — 7:00 p.m.
Section 14- . Exceptions.
The restrictions of this article shall not be interpreted or construed to deprive rights of a
geothermal developer to conduct drilling operations which vested prior to the
implementation of this article."
SECTION 2. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance, is held invalid, such invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are to be severable.
SECTION 3. New material is underscored. In printing this ordinance, the brackets,
bracketed and stricken material, and underscoring need not be included.
SECTION 4. This ordinance shall take effect upon its approval.