HomeMy WebLinkAboutREP PC 158 09/23/1986 1984-1988,
• REPORT OF THEIII
COMMITTEE ON PLANNING
DATE: September 23 , 1986
PLACE: Kona Imin Center , Holualoa
TIME: 2: 30 p.m.
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning recommends the adoption of the attached
Subcommittee on Agriculture and Energy Report .
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TAKASHI DOMINGO, CHAIRAN
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SPENCER K. SCHUTTE, VICE CHR. FRANK DE LUZ III, MEMBER
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OBERT N. HERKES, MEMBER •RRAE r . TCHAKU-I ►YE, MEMBER
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'USSELL S. KOKUBU , MEMBER MERL " K. LAI , MEMBE'
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Att .
LA/CRB
PC REPORT No . 158
ADOPTED : CM j 1986
REPORT OF THE
COMMITTEE ON PLANNING
DATE: September 23, 1986
PLACE: Kona Imin Center, Holualoa
TIME: 2:30 p.m.
Takashi Domingo, Chairman
and Members
Committee on Planning
Hawaii County Council
Hilo, Hawaii 96720
Your Subcommittee on Agriculture and Energy► to which was referred
/Bill 201, Draft 2, relating to regulations for geothermal
development, reports as follows:
Bill 201, Draft 2, amends the Hawaii County Code 1983, as amended, by
adding a new'chapter entitled "Geothermal Development." The purpose
of Bill 201, Draft 2, is to describe the conditions under which a
geothermal resource permit shall be granted in furtherance of the
legislative intent of Section 205-5.1, Hawaii Revised Statutes, which
established provisions for geothermal development activities. These
regulations are to guide the Planning Commission in the issuance of
geothermal resource subzones within agricultural, rural, and urban
state
• use • in the county.
Attachment A outlines the specific amendments made to Bill 201,
Draft 1, and the provisions •: • 201, Draft 2.
Your subcommittee has reviewed Planning Commission Rule 12, the rule
governing geothermal resource permit procedures pursuant to authority
conferred •; the Planning Commission by Section 205-5.1, Hawaii
Revised Statutes, to determine whether proposed geothermal
development activities should be allowed. The Planning Commission
has been designated as the issuing authority for geothermal resource
permits in geothermal resource subzones located within agricultural,
rural, and urban state land use districts in the county. 'Rule 12 was
Rdopted by the Planning Commis-sion on September 11, 1986.'
During deliberations on Rule 12, provisions contained i6 Section 7 of
Bill 201, Draft 2, were considered as an appendix to Rule 12. (See
Attachment B). The Planning Commission, however, saw fit to not
include the appendix in the final passage of Rule 12.
SA&E Page 2 September 23, 1986
In light of the foregoing, your subcommittee finds that there does
not appear to be a need for Bill 201, Draft 2, at this time, and that
Rule 12 should be allowed to take effect and be monitored as to its
implementation. Your subcommittee, therefore, recommends that
Bill 201, Draft 2,�
., e received and filed,
FRANK DE LUZ III, MEMBER
LORRANZ -.- R./�J-15tHAKU-I36U E, AEMBER TAKASHI DOMINGO, MEMBER/'
Attachment A
Section 205-5.1, Hawaii Revised Statutes states that the use of an
area for geothermal development activities within a geothermal
resource subzone shall be governed by the board of land and
natural resources within the conservation district and by state
and county statutes, ordinances, and rules within agricultural,
rural, and urban districts® Section 205-5.1, Hawaii Revised
Statutes states that in the absence of provisions in the county
general plan and zoning ordinances specifically relating to the
use and location of geothermal development activities in an
agricultural, rural, or urban district, the "appropriate county
authority" may issue a geothermal resource permit to allow
development activities® The "appropriate county authority" is the
county planning commission unless some other agency or body is
designated by ordinance of the county council® Section 205-5.1
specifies that the appropriate county authority shall grant a
geothermal resource permit if it finds that the applicant has
demonstrated by a preponderance of the evidence that:
(1) the desired use would not have unreasonable adverse
health, environment, or socio-economic effects on residents or
surrounding property;
(2) the desired uses would not unreasonably burden public
agencies to provide roads and streets, sewers, water, drainage,
school improvements, and police and fire protection; and
(3) that there are reasonable measures available to mitigate
the unreasonable adverse effects or burdens referred to above.
Bill 201, Draft 2 proposes regulations to aid the Planning
Commission in evaluating whether the above criteria have been met
for the issuance of geothermal resource permits. Bill 201,
Draft 2 amends the Hawaii County Code 1983, by adding a new
chapter entitled "Geothermal Development."
Bill 201, Draft 2 outlines the following -
(1) geothermal resource permit application procedures;
(2) steps for action on applications;
(3) criteria for issuance of geothermal resource permits;
(4) conditions to be required for permit approval;
(5) planning commission action;
(6) requirements prior to initiating construction;
(7) amendments of permit and conditions;
(8) enforcement of permit and conditions;
(9) penalties; and
(10) appeals.
Bill 201, Draft 2, was drafted following thorough review and
critique of Draft 1 during public meeting proceedings. Bill 201,
Draft 2 amends Bill 201, Draft 1 as follows:
This section was amended by replacing specific standards with
a list of the various areas of concern for which preliminary plans
of operations shall be prepared describing measures to be taken to
address each area (i.e., air quality, noise, emergencies, etc.).
Z. Section -7. Conditions to be required for permit approval.
Bill 201, Draft 1 was amended by adding a new section 7
relating to conditions of permit approval. Standards previously
contained in Section 4(k)(1)-(39) were consolidated and
incorporated as provisions of Section -7. Standards contained
in Bill 201, Draft 1 were amended as follows:
1. Air Quality Monitoring Program
Specific requirements for an air quality monitoring
program were eliminated and replaced in Draft 2 with the
requirement for compliance with all Federal and State air
quality guidelines and regulations in Section -7 (a)
relating to air quality.
2. Meteorological Monitoring Program
This provision was eliminated because such monitoring is
conducted in conjunction with the State's air quality
monitoring.
3. Noise Monitoring Program
Specific requirements for a noise monitoring program were
eliminated and replaced in Draft 2 with the requirment of
compliance with all Federal, State, and County noise
guidelines and regulations as Section -7 (b), relating
to noise.
4. Archaeological Plan and Biological Survey
Specific requirements for an archaeological plan and
biological survey were eliminated and replaced in Draft 2
with provisions requiring such surveys in conjunction with
preliminary land surveying activities, as Section -7(c)
relating to archaeological and biological surveys.
6. Emergency Plan
This provision was amended to include plans to deal with
any accident or spills of hazardous materials and was
incorporated into Draft 2 as Section -7 (d) relating to
emergencies.
7. Reforestation Plan
This provision was eliminated because reforestation is
addressed by the Department of Land and Natural Resources
Rules on Leasing and Drilling which is sited in Draft 2 as
Section -7(h) relating to wells.
8. Aesthetics Programs
This provision was maintained and incorporated into
Draft 2 as Section -7(c) relating to aesthetics.
Reference to compliance with the county building code was
eliminated due to it being addressed in the provisions in
Draft 2, Section -7(f) pertaining to construction.
This provision was eliminated. Water quality is addressed
in Draft 2 as Section -7(q) relating to water quality.
10. Venting
This provision was eliminated. Venting is addressed by
the Department of Health in its air quality monitoring.
11. Construction, Cieaning,.Erosion, and Drainage
This provision was condensed and was amended to include
provisions on on-site burning and is incorporated in
Draft 2 as Section -7(f).
12. Lighting
This provision was maintained and incorporated into
Draft 2 as Section -7(g).
Due to the confidential nature of drilling activities this
provision was eliminated. Copies of reports which are to
be provided to the Department of Land and Natural
Resources in accordance with their Rules on Leasing and
Drilling are to be made available to the Planning
Commission. This provision is incorporated in Draft 2 as
Section -7(k) relating to reports.
14. Disposal
This provision was incorporated into Draft 2 as
Section -7(i), relating to sumps and ponds.
This provision was incorporated into Draft 2 as
Section -7(f), relating to construction, cleaning,
erosion, and drainage.
This section was incorporated into Draft 2 as
Section -7(i), relating to sumps and ponds.
17. Traffic
This section was maintained and incorporated into Draft 2
as Section -7(j), relating to vehicular activity.
This provision was eliminated.
This provision was eliminated.
Im-MMUMMIMPAMA a
These provisions were eliminated. Reports to be marM
available to the Planning Commission are addressed
Draft 2, Section -7(k), relating to reports. I
22. Public and Environmental Safety
This provision was amended by deleting references to chain
link fences, and emergency plans and incorporated in
Draft 2 as Section -7(1) relating to public safety.
Emergency plans are addressed in Draft 2, Section (d),
relating to emergencies.
23. Standby Wells
This provision was eliminated. Wells are addressed in
Draft 2, Section -7(h).
This provision was eliminated. Wells are addressed in
Draft 2, Section -7(h).
25. Well and Power Plant Siting
This provision was eliminated. Well siting is addressed
in the Department of Land and Natural Resources' Rules on
Leasing and Drilling. Power Plant siting will be -
• d .:
ordance with applicable county zoning provisions.
This provision was incorporated into Draft 2 as
Section -7(h), relating to wells.
27. Inspection
This provision was maintained and incorporated into
Draft 2 as Section -7 (m).
28. Information and ComplainA
This provision was maintained and incorporated into
Draft 2 as Section -7(n).
MM
29. Indemnification
This provision was maintained and incorporated into
Draft 2 as Section -7(o).
30. Insurance
This provision was maintained and incorporated into
Draft 2 as Section -7(p).
MuffiWaTay
This provision was eliminated. Water pollution is
addressed in Draft 2 as Section -7 (q).
32. Health Hazard
This provision was eliminated. Issues are covered by air
quality provisions.
33. Compliance with land laws
This provision was eliminated. Compliance with laws in
general is addressed in Draft 2, Section
34. Monitoring Costs
This provision was eliminated.
35. Compliance with laws
This provision was maintained and incorporated into
Draft 2 as Section -7(v).
This provision was maintained and incorporated into
Draft 2 as Section -7(v).
37. Best Available Control Technology
This provision was amended to reflect the definition of
the Clean Air Act and incorporated in Draft 2 as
Section -7(s).
This provision was maintained and incorporated into
Draft 2 as Section -7(t).
This provision was maintained and incorporated into
Draft 2 as Section -7 (u).
Section -7 contains a new provision, (u), which incorporates
by reference the conditions of other permits®
C. Section 7 of Draft 1 was renumbered as Section 8 in Draft 2®
D. Section 8 of Draft 1 was renumbered as Section 9 in Draft A
Paragraph (d) relating to final timetable and/or schedule for
each proposed phase of the project was eliminated and replaced
with new paragraphs (b) and (c) relating to final monitoring and
emergency plans®
E. Section 9 of Draft 1 was renumbered as Section 10 in Draft 2®
All provisions were maintained.
F. Section 10 of Draft 1 was renumbered as Section 11 in Draft 2.
Paragraph (a) was amended by eliminating the word
"immediately."
Paragraph (c) was amended by changing the word "may" to
"shall" and changing language to read "public hearing" rather than
just "hearing."
Paragraph (d) was amended to incorporate provisions previously
contained in Section -11 relating to Penalties®
G. Section 11 of Draft 1 was renumbered as Section 12 in Draft 2®
Provisions relating to the Planning Commissions authority to
close, shut down wells, etc., were eliminated and incorporated in
Section 11(d), Draft 2. Provisions relating to applicants
liability for each and every administrative cost incurred for
investigation and enforcement of violations was eliminated.
H. Section 12 of Draft 1 was renumbered as Section 13 of Draft A
Attachment B
APPENDIX TO RULE 12
In assessing an application for a geothermal resource permit, the
Planning Commission shall impose conditions of approval as the
Commission deems appropriate and necessary. The following
guidelines for conditions are not 'intended to limit the Planning
Commission from including other conditions and excluding or
modifying any of the following:
Air Quality: Applicant shall meet Federal and State air quality
guidelines and regulations.
Noise: Applicant shall meet Federal, State, and/or County noise
guidelines and regulations.
Water Quality: Applicant shall meet Federal and State water
quality guidelines and regulations.
Archaeological and Biological Resources: Surveys shall be
conducted to determine the presence and value of archaeological
and biological resources and submitted to the Planning Director
and other appropriate government agencies for review and comment
prior to approval of land clearing activities. Plans for the
protection and maintenance of valuable archaeological and
biological resources shall be prepared to ensure their
protection and shall be submitted for approval to the Planning
Director and to other appropriate government agencies for review
and comment prior to approval of the Planning Director.
Security: All unattended well sites, drilling equipment, well
heads, sumps, and ponds shall be protected from access by
unauthorized persons.
Emergencies: The applicant shall prepare a plan of action to be
approved by the Hawaii County Civil Defense Agency to deal with
emergency situations such as volcanic activities, earthquakes,
fires, well bore ruptures, blowouts, and any accidents or spills
of hazardous materials which may threaten the health, safety,
and welfare of the employees and other persons in the vicinity
of the project. The plan shall include procedures to facilitate
coordination with appropriate Federal, State and County
officials and the evacuation of affected individuals.
Aesthetics: In the siting, design and construction of all
physical components, measures shall be taken to minimize
aesthetic and scenic impacts and to preserve the natural beauty
of the area. Such measures can include orientation of
buildings, colors of structures, and use of nonreflective, light
absorbent material and textures, and landscaping.
Construction, Clearing, Erosion, and Drainage: Activities shall
comply with all requirements of Chapter 10, Erosion and
Sedimentation Control, Hawaii County Code, as amended, the
-10-
Hawaii County Building Code, and the hydrologic criteria
incorporated in the Hawaii County Storm Drainage Standards.
Lighting: Lighting for activities, including drilling, shall be
designed in such a way so it does not become a nuisance to
surrounding properties or interfere with important biological
resources that may be in the area. In any event, all activities
and facilities shall meet the requirements of Chapter 14,
Article 9, Outdoor Lighting, of the Hawaii County Code, as
amended.
Wells: All wells shall be drilled, operated and abandoned in
accordance with "Rules on Leasing and Drilling of Geothermal
Resources" of the Department of Land and Natural Resources.
Wells used for the injection, or re-injection of geothermal
brines, power plant effluents, gases, etc. and drywells used for
surface drainage or stormwater runoff shall conform to the
conditions specified in the Department of Health, Administrative
Rules, Title 11, Chapter 23, entitled Underground Injection
Control.
Sumps and Ponds: All sumps and ponds shall be operated in.a
manner meeting with the appro*val of the State Department of
health. Waste materials to be disposed of from the geothermal -
development activities shall be disposed of at sites approved by
the State Department of Health. Sump and pond locations,
construction, and operation shall comply with regulations of the
State. Department of Health. '
Reports: Copies of drilling, production, and operation reports,
as provided to the State Department of Land and Natural
Resources in accordance with Chapter 183 of Title 13,
Administrative -Rules shall 'be made available to the Planning
Director. Other information and/or reports may be requested by
the Commission.
-Inspection: Applicant shall grant unrestricted access, subject
to safety measures normal and necessary during operations, to
authorized governmental representatives or to consultants and
contractors hired by governmental agencies for inspection,
enforcement, or monitoring activities.
Information and Complaints: Applicant shall designate an
individual who has authority to act on behalf of the applicant
for the purposes of supplying information and responses deemed
necessary by the government agencies who are responsible for
monitoring the permitted uses and enforcing conditions of
approval of the geothermal resource permit.
Applicant shall publish a telephone number to be manned 24 hours
for receiving and responding to noise, odor, or other
complaints. Applicant shall keep a log of all complaints
received and their responses to be submitted to the Planning
-11-
Director monthly. Applicant shall also post signs bearing the
name of the operator and current telephone number for receiving
complaints at appropriate locations on the perimeter of the
project site. Such appropriate locations shall be approved by
the Planning Director.
Indemnification: Applicant, its successors or assigns, shall
indemnify and hold the County of Hawaii harmless from and
against any loss, liability, claim or demand for property
damage, personal injury or death arising out of any act or
omission of the applicant, its successors, assigns, officers",
employees, contractors, and agents under the geothermal resource
permit or relating or connected with the granting of such permit.
Applicant shall protect, indemnify, defend and hold the County
of Hawaii harmless against loss, damages, claims and liens of
every kind and character (including but not limited to Workmen's
Compensation claims and claims of third parties) which may be
occasioned by uses or activities conducted by the applicant
under the geothermal resource permit or by reason of. the
operation or working of applicant, its employees, agents or
independent contractors upon the property, or any easement for
ingress or egress thereto,, including injuries to persons or loss
of life or damage to property or nuisance and including, but not
limited to, pollution or flooding of the surface or subsurface
waters or any pollution of the air, with said indemnification to
apply irrespective of whether claims allege the cause to be
sudden or gradual.
Insurance: Applicant will at its own expense effect and
maintain at all times term insurance coverage for professional
liability and comprehensive general liability for risks with
respect to the permitted uses and related activities allowed
under the geothermal resource permit. The policy shall name the
County as an additional insured.
Bond: Any applicant granted a geothermal resource permit shall
file with the Planning Department a bond in an amount to be
determined and to be made payable to the County of Hawaii to
secure the faithful performance of requirements and conditions
of approval of the permit, including but not limited to
restoration of the project premises and in abating nuisances
caused by the geothermal development activities. Said bond
shall be executed by the applicant and by a surety company
qualified to do business in the State of Hawaii and shall remain
in force and effect for the full term of the permit. Said bond
shall be in addition to any bond required by the Board of Land
and Natural Resources of the State of Hawaii for the drilling,
maintenance or operation of geothermal wells.
Best Available Control Technology: Applicant shall apply the
"Best Available Control Technology" (BACT) with respect to
geothermal emissions and noise abatement during all phases of
the project, including well drilling, testing, power plant
operation and direct use applications. "Best Available Control
Technology" is defined as an emission limitation based on the
maximum degree of reduction of each pollutant subject to
regulation under the federal Clean Air Act emitted from or which
results from any major emitting facility, which, on a
case-by-case basis, taking into account energy, environmental,
and economic impacts and other costs is determined to be
achievable for such facility through application or production
processes and available methods, systems and techniques,
including fuel cleaning or treatment or innovative fuel
combustion techniques for control of each such pollutant.
Soil and Water Conservation: Use of the area shall be
consistent with soil and water conservation principles.
Conditions of Other Permits: The Commission shall be cognizant
of other permits with conditions which the applicant will need
to secure from other governmental agencies in order to undertake
geothermal development activities.
Compliance with Other Laws and Regulations: Applicant shall
comply with all other applicable Federal, State and County laws,
statutes, regulations and ordinances.
APPROVED AS TO FORM:
Corporation Counsel
APPROVED this day of
, 1986.
DANTE K. CARPENTER, Mayor
County of Hawaii
-13-
ADOPTED this _ day of
, 1985.
BARBARA A. KOI, Chairperson
Planning Commission
County of Hawaii