reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 184 - DESIGNATION AND REGULATION OF GEOTHERMAL RESOURCE SUBZONES › Subchapter 2 - DESIGNATION OF GEOTHERMAL RESOURCE SUBZONES › Section 13-184-8 - Notice and public hearings

Current through June, 2024
When the board or a qualified applicant proposes an area
					 for designation as a geothermal resource subzone, the board shall hold a public
					 hearing in reasonably close proximity to the proposed area and publish a notice
					 of the public hearing setting forth:
(1) A description of the proposed
				  area;
(2) An invitation for public
				  comment; and
(3) The date, time,
				  and place of the public hearing where written or oral testimony may be
				  submitted or heard.
Such notice shall be published on three separate days in a
					 newspaper of general circulation statewide and in the county in which the
					 public hearing is to be held. The first publication shall be not less than
					 twenty days before the date set for the hearing. Copies of the notice shall be
					 mailed to the State department of planning and economic development and the
					 planning commission and planning department of the county in which the proposed
					 area is located. Publication of the notice of public hearing shall be
					 considered sufficient notice to all landowners and persons who might be
					 affected by the proposed designation.
The public hearing shall be held before the board and the
					 conduct of the public hearing shall not be delegated to any agent or
					 representative of the board. All persons and agencies shall be afforded the
					 opportunity to submit data, views, and arguments whether orally or in writing.
					 The department of planning and economic development and the affected county
					 planning department shall be permitted to appear at the public hearing and make
					 recommendations concerning the proposal to designate an area.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 184 - DESIGNATION AND REGULATION OF GEOTHERMAL RESOURCE SUBZONES › Subchapter 2 - DESIGNATION OF GEOTHERMAL RESOURCE SUBZONES › Section 13-184-9 - Decision of the board

Current through June, 2024
At the close of the public hearing, the board shall
					 consider all the testimony and after deliberation make a decision to designate
					 any portion, all or none of the proposed area or announce the date on which it
					 will render its decision. The board may designate a proposed area as a
					 geothermal resource subzone only if it finds the proposed area possesses an
					 acceptable balance of the criteria set forth in section
					 13-184-6. If the board designates
					 an area as a geothermal resource subzone it shall cause a notice of its
					 decision to be published in a newspaper of general circulation statewide and in
					 a newspaper of general circulation in the county in which the area is located
					 and when so published its decision shall be final unless otherwise ruled
					 invalid by a court of appropriate jurisdiction. Upon request, the board shall
					 issue a concise statement of its findings and the principal reasons for its
					 decision to designate a particular area.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 184 - DESIGNATION AND REGULATION OF GEOTHERMAL RESOURCE SUBZONES › Subchapter 2 - DESIGNATION OF GEOTHERMAL RESOURCE SUBZONES › Section 13-184-10 - Modification and withdrawal of existing subzones

Current through June, 2024
Modification of the boundaries or the withdrawal of an
					 existing designated geothermal resource subzone may be initiated by the board
					 or by any property owner, State mining lease applicant, geothermal mining
					 lessee, or person with an interest in real property that is within the
					 designated subzone. The procedure for modifying the boundaries or withdrawal of
					 an existing designated geothermal resource subzone shall be conducted pursuant
					 to the provisions of chapter
					 91, Hawaii Revised Statutes. The board
					 shall withdraw a designation only upon finding by a preponderance of the
					 evidence that the area is no longer suited for designation; provided, however,
					 that within an existing subzone with active geothermal development activities,
					 the area may not be modified or withdrawn. An environmental impact statement as
					 defined under chapter
					 343, Hawaii Revised Statutes, shall
					 not be required in assessing any modification of the boundaries or withdrawal
					 of subzones.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 185 - RULES OF PRACTICE AND PROCEDURE FOR GEOTHERMAL AND CABLE SYSTEM DEVELOPMENT PERMITTING › Subchapter 1 - GENERAL › Section 13-185-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish guidelines and
					 procedures for consolidated geothermal and cable system development permitting.
					 Consolidated permitting procedures are intended to coordinate and streamline
					 permitting requirements of the diverse array of federal, state, and county land
					 use, planning, environmental, and other related laws and regulations that
					 affect geothermal and cable system development.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 185 - RULES OF PRACTICE AND PROCEDURE FOR GEOTHERMAL AND CABLE SYSTEM DEVELOPMENT PERMITTING › Subchapter 1 - GENERAL › Section 13-185-4 - Consolidated permit application and review process

Current through June, 2024
In order to carry out the intent of the Act, the
					 department shall establish and administer a consolidated permit application and
					 review process as provided in this chapter. The consolidated permit application
					 and review process shall not affect or invalidate the jurisdiction or authority
					 of any agency under the existing law, except to the extent that permitting
					 functions have been transferred by the Act to the department for the purposes
					 of the project, and each federal agency shall issue its own permit or approval
					 based on its own jurisdiction.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 185 - RULES OF PRACTICE AND PROCEDURE FOR GEOTHERMAL AND CABLE SYSTEM DEVELOPMENT PERMITTING › Subchapter 1 - GENERAL › Section 13-185-5 - Contested case provisions

Current through June, 2024
Where the contested case provisions under chapter
					 91, Hawaii Revised Statutes, apply to
					 any one or more of the permits to be issued by an agency for the purposes of
					 the project, the agency shall, if there is a contested case involving any of
					 the permits, conduct only one contested case hearing on the permit or permits
					 within its jurisdiction. Any appeal from a decision made by the agency pursuant
					 to a public hearing or hearings required in connection with a permit shall be
					 made directly on the record to the supreme court for final decision subject to
					 chapter 602, Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 185 - RULES OF PRACTICE AND PROCEDURE FOR GEOTHERMAL AND CABLE SYSTEM DEVELOPMENT PERMITTING › Subchapter 1 - GENERAL › Section 13-185-6 - Streamlining

Current through June, 2024
The department shall monitor the processing of all permit
					 applications under this chapter on an ongoing basis to identify inefficiencies,
					 delays, and duplications of effort. Any alternative suggestions and recommended
					 changes in procedures will be brought to the interagency group as appropriate
					 for consideration and adoption, in consultation with those agencies whose
					 permitting functions are not transferred to the department of purposes of the
					 project and with members of the public. The department may develop legislative
					 proposals as appropriate to eliminate any duplicative or redundant permit
					 requirements.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 185 - RULES OF PRACTICE AND PROCEDURE FOR GEOTHERMAL AND CABLE SYSTEM DEVELOPMENT PERMITTING › Subchapter 1 - GENERAL › Section 13-185-7 - Information services

Current through June, 2024
(a) The department
				  shall operate a permit information and coordination center that will provide
				  guidance to potential applicants for geothermal and cable system development
				  projects with regard to permits and procedures that may apply to the project.
				  The center shall be known as the geothermal and cable system development
				  permitting information and coordination center.
(b) The department shall maintain and update
				  at the geothermal and cable system development permitting information and
				  coordination center a repository of the laws, rules, procedures, permit
				  requirements, and criteria of agencies whose permitting functions are not
				  transferred to the department for the purpose of consolidated permitting and
				  which have control or regulatory power over any aspect of geothermal and cable
				  systems development projects and of federal agencies having jurisdiction over
				  any aspect of these projects.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 185 - RULES OF PRACTICE AND PROCEDURE FOR GEOTHERMAL AND CABLE SYSTEM DEVELOPMENT PERMITTING › Subchapter 1 - GENERAL › Section 13-185-8 - Annual report

Current through June, 2024
The department shall submit an annual report to the
					 governor and the legislature on its work during the preceding year. The report
					 shall include the status of geothermal and cable system development projects,
					 any problems encountered, any legislative actions that may be needed to improve
					 the consolidated permit application and review process, and to implement the
					 intent of the Act.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 185 - RULES OF PRACTICE AND PROCEDURE FOR GEOTHERMAL AND CABLE SYSTEM DEVELOPMENT PERMITTING › Subchapter 2 - CONSOLIDATED PERMIT APPLICATION AND REVIEW PROCEDURES › Section 13-185-9 - Application and review procedure

Current through June, 2024
(a) The department
				  shall provide applicants with a geothermal/cable development consolidated
				  permit application form. The consolidated permit application form will be
				  available during office hours 7:45 a.m. to 4:30 p.m. Monday through Friday,
				  except holidays, at the following address:
Department of Land and Natural Resources
Division of Water and Land Development
1151 Punchbowl Street, Room 227
Honolulu, Hawaii 96813
Telephone: 548-7533
Telefax: 548-6052
The department shall provide necessary assistance for
					 applicants to fill out the consolidated geothermal/cable development
					 application form.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 185 - RULES OF PRACTICE AND PROCEDURE FOR GEOTHERMAL AND CABLE SYSTEM DEVELOPMENT PERMITTING › Subchapter 2 - CONSOLIDATED PERMIT APPLICATION AND REVIEW PROCEDURES › Section 13-185-10 - Application filing and fees

Current through June, 2024
(a) Applicants
				  shall attach to the consolidated permit application form a preliminary
				  statement of project costs. A filing fee varying with the statement of project
				  cost shall accompany consolidated permit applications as follows:
Project Cost
Fee
$0 - 999,999
$200
1,000,000 - 9,999,999
$400
more than 10,000,000
$600
(b) The fee shall be payable by checks which
				  shall accompany applications and should be made payable to the State of Hawaii.
				  Checks and the applications shall be submitted to:
State of Hawaii
Department of Land and Natural Resources
P.O. Box 621
Honolulu, Hawaii 96806
or delivered to:
Department of Land and Natural Resources
Division of Water and Land Development
1151 Punchbowl Street, Room 227
Honolulu, Hawaii 96813
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 185 - RULES OF PRACTICE AND PROCEDURE FOR GEOTHERMAL AND CABLE SYSTEM DEVELOPMENT PERMITTING › Subchapter 2 - CONSOLIDATED PERMIT APPLICATION AND REVIEW PROCEDURES › Section 13-185-12 - Consolidated permit application and review team

Current through June, 2024
(a) The
				  department shall select a working team known as the consolidated permit
				  application and review team from members of the interagency group. Applicants
				  shall designate a representative to be available to the consolidated
				  application and review team for purposes of processing consolidated permit
				  applications. The consolidated application and review team shall work with the
				  department to provide permitting coordination for each geothermal and cable
				  system development project. The team shall consolidate the various permitting
				  requirements for each project.
(b)
				  The department and agencies, through the consolidated permit application and
				  review team, shall cooperate with the federal agencies to the fullest extent
				  possible to minimize duplication and where possible promote consolidation of
				  federal and State requirements. To the fullest extent possible, this
				  cooperation shall include joint environmental impact statements with concurrent
				  public review and processing at both levels of government. Where federal law
				  has requirements that are in addition to but not in conflict with State law
				  requirements, the department and agencies shall cooperate to the fullest extent
				  possible in fulfilling those requirements so that all documents shall comply
				  with all applicable laws.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 185 - RULES OF PRACTICE AND PROCEDURE FOR GEOTHERMAL AND CABLE SYSTEM DEVELOPMENT PERMITTING › Subchapter 2 - CONSOLIDATED PERMIT APPLICATION AND REVIEW PROCEDURES › Section 13-185-13 - Joint agreement

Current through June, 2024
(a) Representatives
				  of the State and county agencies participating on the consolidated application
				  and review team shall sign a joint agreement committing them to meet and
				  perform the following tasks for each project application:
(1) provide a listing of all permits required
				  for the proposed project;
(2)
				  specify the regulatory and review responsibilities of the department and each
				  State, county, and federal agency and the responsibilities of
				  applicants;
(3) provide a timetable
				  for regulatory review, the conduct of necessary hearings, preparation of an
				  environmental impact statement, if necessary, and other actions required to
				  minimize duplication and to coordinate and consolidate the activities of
				  applicants, the department, and the State, county, and federal agencies, with
				  the timetable accommodating existing statutes, ordinances, or rules established
				  pursuant thereto, of each participating agency so that if one participating
				  agency requires more time than another agency to process its portion of the
				  consolidated permit application and cannot move up its schedule, the
				  consolidated process shall defer to the agency with the longer time
				  requirement;
(4) coordinate
				  hearings required for a permit, and hold hearings on the island where the
				  proposed activity shall occur;
(5)
				  prepare alternatives for resolving administrative or procedural conflicts and
				  bring these to the affected agencies for resolution and if none of these
				  alternatives is satisfactory to resolve a conflict, follow the conflict
				  resolution process in section 13-185-14;
(6) approve a consolidated permit compliance
				  monitoring program and schedule prepared by the department to take effect after
				  proposed project is approved, to be monitored by the department; and
(7) provide that each agency shall monitor
				  and enforce the respective terms and conditions of each agency s respective
				  permits.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 185 - RULES OF PRACTICE AND PROCEDURE FOR GEOTHERMAL AND CABLE SYSTEM DEVELOPMENT PERMITTING › Subchapter 3 - REGULATION OF GEOTHERMAL AND CABLE SYSTEM DEVELOPMENT PERMITTING › Section 13-185-15 - Monitoring applicants compliance with terms and conditions of permits

Current through June, 2024
Once all the required permits have been approved, the
					 department shall commence monitoring applicants compliance with the terms and
					 conditions of the permits for which the department has full and direct
					 responsibility, including those issued pursuant to functions transferred to the
					 department by section
					 196D-10,
					 Hawaii Revised Statutes. The department shall prepare a schedule for monitoring
					 terms and conditions of consolidated permits that shall be accepted by the
					 consolidated permit application and review team. The department shall monitor
					 permitting agencies monitoring activities to assure permit compliance is being
					 monitored. The monitoring schedule will identify terms and conditions of
					 compliance, dates of monitoring, federal and other agencies and individuals who
					 shall carry out the monitoring activity, and the date the report of the
					 monitoring activity shall be sent to the department. The department shall
					 maintain a log of the monitoring activities and shall alert the appropriate
					 permitting agency if monitoring for permit compliance is not being carried out
					 on schedule. If necessary the department in conjunction with the affected
					 agency or agencies shall enforce all terms and conditions related to any
					 permit.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 185 - RULES OF PRACTICE AND PROCEDURE FOR GEOTHERMAL AND CABLE SYSTEM DEVELOPMENT PERMITTING › Subchapter 3 - REGULATION OF GEOTHERMAL AND CABLE SYSTEM DEVELOPMENT PERMITTING › Section 13-185-16 - Enforcement of District Boundary Amendments and Special Permits

Current through June, 2024
(a) The department shall enforce compliance
				  with conditions placed on reclassifications of district boundaries and terms
				  and conditions of special permitted activities.
(b) Whenever the department shall have reason
				  to believe that there has been a failure to perform according to the conditions
				  imposed, the department shall issue and serve upon the party bound by the
				  conditions an order to show cause why the property should not revert to its
				  former land use classification or be changed to a more appropriate
				  classification.
(1) The department shall
				  serve the order to show cause in writing by registered or certified mail with
				  return receipt requested at least thirty days before the hearing. A copy shall
				  be also sent to all parties in the boundary amendment proceedings;
(2) The order to show cause shall include:
(A) A statement of the date, time, place, and
				  nature of the hearing;
(B) A
				  description and a map of the property to be affected;
(C) A statement of the legal authority under
				  which the hearing is to be held;
(D) The specific sections of the statutes, or
				  rules, or both, involved; and
(E) A
				  statement that any party may retain counsel if the party so desires.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 1 - GENERAL PROVISIONS › Section 13-190.1-1 - Purpose and applicability

Current through June, 2024
(a) The purpose of
				  this chapter is to establish rules for the inspection and regulation of the
				  design, construction, operation, maintenance, enlargement, alteration, repair,
				  and removal of dams, reservoirs, and appurtenant works in the State to protect
				  the health, safety, and welfare of the citizens of the State by reducing the
				  risk of failure of the dams or reservoirs.
(b) This chapter shall not apply to any
				  artificial barrier which is less than six feet in height regardless of storage
				  capacity or which has a storage capacity at maximum water storage elevation
				  less than fifteen acre-feet regardless of height, unless such a barrier, due to
				  its location or other physical characteristics, is a high hazard.
(c) The board shall have jurisdiction of all
				  dams and reservoirs until the department has completed its statewide
				  inspections and has established and implemented rules and criteria for a
				  five-year dams and reservoirs inspection and classification process and the
				  board declares which dams or reservoirs are to be removed from its
				  jurisdiction.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 1 - GENERAL PROVISIONS › Section 13-190.1-3 - Exempt structures

Current through June, 2024
Structures exempt from these rules include:
(1) A transportation structure such as a
				  highway or road fill that exists solely for transportation purposes;
(2) Refuse embankments (e.g., solid waste
				  disposal facilities); and
(3)
				  Structures that store water only below the lowest point of the natural ground,
				  unless the structure retains more than fifteen acre-feet and an outlet works is
				  constructed to release water.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 1 - GENERAL PROVISIONS › Section 13-190.1-4 - Minimum design requirements

Current through June, 2024
(a) Regulated dams
				  and reservoirs shall incorporate the following minimum design requirements:
(1) Embankment slopes that are not steeper
				  than 2.5 horizontal to 1 vertical unless a specific design for a steeper slope
				  shows that the embankment is stable and capable of being safely
				  maintained;
(2) An embankment crest
				  that has a minimum width of ten feet;
(3) Earthen spillways that are constructed in
				  natural ground; and
(4) A low level
				  outlet shall be designed to drain the reservoir by gravity flow.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 1 - GENERAL PROVISIONS › Section 13-190.1-5 - Violations; penalties

Current through June, 2024
(a) Except as
				  otherwise provided by law, the board may set, charge, and collect
				  administrative penalties and recover administrative fees and costs, including
				  attorney's fees and costs, or bring legal action to recover administrative
				  penalties, fees, and costs, including attorney's fees and costs, or payment for
				  damages or for the cost to correct damages resulting from a violation of
				  chapter 179D, HRS, this chapter, or any order or condition adopted, issued, or
				  required under this chapter. The administrative penalty shall not exceed
				  $25,000 per day of a violation, and each day during which the violation
				  continues shall constitute an additional, separate, and distinct violation.
				  Proceedings under this section shall be conducted pursuant to the
				  administrative rules for the department.
(b) With the assistance of the attorney
				  general, the board may seek an injunction and damages in the enforcement of
				  this chapter.
(c) All penalties,
				  fees, and costs collected pursuant to this section or other rules adopted by
				  the board pursuant to chapter 179D, HRS, shall be deposited in the dam and
				  reservoir safety special fund.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 1 - GENERAL PROVISIONS › Section 13-190.1-5.1 - Criminal violations; penalties

Current through June, 2024
Criminal sanctions regarding violations of this chapter
					 and chapter 179D, HRS, are as provided in section
					 179D-8,
					 HRS.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 1 - GENERAL PROVISIONS › Section 13-190.1-6 - Administrative and judicial review

Current through June, 2024
(a) The findings
				  and orders of the board, and the board's approval or disapproval of an
				  application issued by the State are final, conclusive, and binding upon all
				  owners, state agencies, and other government agencies, regulatory or otherwise,
				  as to the safety of design, construction, enlargement, repair, alteration,
				  removal, maintenance, or operation of any dam or reservoir, and the certificate
				  of approval to impound. The board's approval of an application or a certificate
				  of approval to impound will not be considered final if it can be demonstrated
				  to the board that the board's approval of the relevant application or
				  "certificate of approval was based on one or more misrepresentations or other
				  relevant data.
(b) Any person
				  aggrieved or adversely affected by an order or action of the board is entitled
				  to administrative and judicial review in accordance with chapter
				  91, HRS, and the department's
				  applicable administrative rules on administrative and judicial review in effect
				  at the time, provided, however, that the order or action shall remain in force
				  until modified or set aside on appeal.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 1 - GENERAL PROVISIONS › Section 13-190.1-7 - Inspections

Current through June, 2024
Any inspections done pursuant to this chapter shall use
					 the current guidelines developed by the department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 1 - GENERAL PROVISIONS › Section 13-190.1-8 - Change in ownership

Current through June, 2024
Changes in ownership of a dam shall be filed with the
					 department by the transferring owner within seven days of recordation with the
					 bureau of conveyances of the State of Hawaii.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 1 - GENERAL PROVISIONS › Section 13-190.1-9 - Variances

Current through June, 2024
The board or department may, upon a showing of good cause,
					 grant a variance from any provision of this chapter, including, without
					 limitation, an extension of time to comply with any such provision.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 1 - GENERAL PROVISIONS › Section 13-190.1-10 - Severability

Current through June, 2024
If any portion of these rules is found to be invalid, the
					 remaining portion of the rules shall remain in force.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 2 - CERTIFICATE OF APPROVAL TO IMPOUND › Section 13-190.1-11 - Certificates of approval to impound

Current through June, 2024
No owner of a dam or reservoir shall impound water without
					 a valid certificate of approval to impound water at the dam or reservoir. A
					 certificate of approval to impound shall be valid for five years from the date
					 of issuance, unless otherwise stated by the department, and provided all
					 conditions of the certificate are fulfilled and maintained to the satisfaction
					 of the department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 2 - CERTIFICATE OF APPROVAL TO IMPOUND › Section 13-190.1-12 - Applications for certificate of approval to impound

Current through June, 2024
(a) Every
				  owner of a dam or reservoir that is a regulated structure as defined in section
				  13-190.1-2 shall file an application for a certificate of approval to
				  impound.
(b) All applications shall
				  be submitted with supporting information as required by the
				  department.
(c) Each application
				  shall also be accompanied by application fees as required by subchapter
				  8.
(d) During the application
				  process for the initial certificate of approval to impound, the owner or
				  operator of a dam or reservoir that was completed prior to July 6, 2007, shall
				  be allowed to impound water, unless the board determines that the dam or
				  reservoir may pose a danger to the health and safety of persons or property.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 2 - CERTIFICATE OF APPROVAL TO IMPOUND › Section 13-190.1-13 - Notice

Current through June, 2024
(a) The board shall give notice to file an
				  application for certificate of approval to impound to owners of dams or
				  reservoirs known to the department, who have failed to file such applications
				  as required by this chapter.
(b)
				  The notice provided for in this section shall be delivered by certified mail to
				  the owner at the owner's last address of record in the office of the county tax
				  assessor for the county in which the dam or reservoir is located.
(c) Service of the notice shall be complete
				  upon the mailing of the notice.
(d)
				  All owners shall submit an application for certificate of approval to impound
				  water within ninety days from the date of the notice, unless the owner has
				  filed a request for exemption. An owner who fails to submit an application for
				  certificate of approval to impound within ninety days from the date of notice
				  shall be deemed in violation of these rules and subject to penalties consistent
				  with sections 13-190.1-5 and 13-190.1-5.1.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 2 - CERTIFICATE OF APPROVAL TO IMPOUND › Section 13-190.1-14 - Application review process

Current through June, 2024
(a) The department
				  shall inspect the dams and reservoirs, unless the data, records, and inspection
				  reports on file with the department are found adequate to enable a
				  determination of whether or not the certificate of approval to impound should
				  be issued.
(b) The department shall
				  require owners of the dams and reservoirs to perform at their expense any work,
				  tests, or investigation as may reasonably be required to disclose information
				  sufficient to enable the board to determine whether to issue certificates of
				  approval to impound, or to issue orders directing further work at the owner's
				  expense necessary to safeguard life and property.
(c) The board shall issue a certificate of
				  approval to impound for dams and reservoirs that do not have severe
				  deficiencies that affect the structural safety or operational integrity of a
				  facility or that may threaten the safety of the dam.
(d) In order to protect public safety, the
				  department shall require an owner or operator to lower the water level of, or
				  to drain the dam or reservoir, or impose conditions on a certificate to impound
				  application approval.
(e) Upon
				  inspection, review of investigation findings, or satisfactory correction of
				  severe deficiencies, if the department finds that the dam and reservoir are
				  safe to impound water, a certificate of approval to impound shall be
				  issued.
(f) The department shall
				  not issue a certificate of approval to impound when a dam or reservoir is
				  determined by the department to be unsafe to impound water. Upon finding that
				  the dam' or reservoir is unsafe to impound water, the department shall issue a
				  written notice to the owner. After receipt of the notice, the owner shall no
				  longer cause or allow the dam or reservoir to impound water unless consent is
				  obtained from the department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 2 - CERTIFICATE OF APPROVAL TO IMPOUND › Section 13-190.1-15 - Noncompliance

Current through June, 2024
The board may order the suspension, revocation, or
					 restriction of any certificate of approval to impound, for any act or failure
					 to comply with chapter 179D, HRS, these rules, or orders issued pursuant to
					 chapter 179D, HRS, or with any of the conditions contained in or attached to
					 the application approval or certificate of approval to impound.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 2 - CERTIFICATE OF APPROVAL TO IMPOUND › Section 13-190.1-16 - Transferability

Current through June, 2024
Certificates of approval to impound water are not
					 transferable from one person to another without written approval from the
					 board; and:
(1) The existing holder of
				  the certificate to impound requests a transfer in writing to the department;
				  and
(2) The new or prospective dam
				  owner submits in writing to the department:
(A) Proof that the person is or will become
				  the owner of the dam;
(B) The date
				  of change in ownership; and
(C) An
				  acknowledgment of receipt of a copy of the certificate of approval to impound
				  that is in effect, and of the person's awareness of the terms, including and
				  without limitation, any conditions or restrictions on the operation imposed by
				  the department.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 3 - CONSTRUCTION, ENLARGEMENT, REPAIR, ALTERATION, OR REMOVAL OF DAMS AND RESERVOIRS › Section 13-190.1-21 - Additional requirements for removal of dam or reservoir

Current through June, 2024
(a)
				  No person shall remove any dam, reservoir, or appurtenant works until written
				  approval is obtained from the board. The application for removal shall include,
				  but not be limited to, the following information:
(1) The current height and storage of the
				  dam;
(2) The current hazard
				  classification;
(3) The proposed
				  flow through channel width and side slopes;
(4) A description of and quantitative
				  analyses of the flow through conditions during the 100-year, 24-hour storm
				  event including provision for erosion protection;
(5) Evaluation of all potential effects on
				  life, property, and environment downstream; and
(6) For a partial removal of a dam that will
				  still store water, the relevant deficiencies X identified in the initial
				  investigation or inspection reports shall be addressed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 3 - CONSTRUCTION, ENLARGEMENT, REPAIR, ALTERATION, OR REMOVAL OF DAMS AND RESERVOIRS › Section 13-190.1-22 - Supervision of plans preparation and observation of construction

Current through June, 2024
(a) The design engineer shall supervise the
				  preparation of all plans and specifications for the initial construction,
				  enlargement, alteration, repair, or removal of dams and reservoirs.
(b) The observation of the construction shall
				  be conducted by the construction engineer, as referenced in subchapter 4.
				  Requirements for documentation of construction are provided in subchapter
				  4.
(c) The design engineer and
				  construction engineer may be assisted by other specialists, under the design or
				  construction engineer's direction, as required.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 3 - CONSTRUCTION, ENLARGEMENT, REPAIR, ALTERATION, OR REMOVAL OF DAMS AND RESERVOIRS › Section 13-190.1-23 - Permit application approval

Current through June, 2024
(a) The permit
				  application will be reviewed for compliance with the requirements provided in
				  this chapter and in general accordance with standard practice for dam safety.
				  If an application is incomplete or defective, it shall be returned to the
				  applicant. The application shall be corrected and returned to the board within
				  ninety days or such further time as may be given by the department in order to
				  retain its validity. If the application is not returned within the required
				  time limit, it shall be deemed automatically rejected.
(b) After the department has determined that
				  the application is complete and the plans and specifications conform to this
				  chapter and generally accepted engineering practice, the board shall approve
				  the plans and specifications and issue an application approval with any
				  conditions determined to be appropriate by the board.
(c) Actual construction, enlargement, repair,
				  alteration, or removal shall be commenced within the time frame set by the
				  board in the application approval; otherwise, the application approval becomes
				  void. The department may, upon written application and for good cause shown,
				  extend an owner's time for commencing construction, enlargement, repair,
				  alteration, or removal of a dam or reservoir.
(d) Actual construction, enlargement, repair,
				  alteration, or removal of a dam or reservoir shall be completed with five years
				  of issuance of the application approval unless an extension authorized in
				  writing by the board is issued.
(e)
				  The board decision under subsection (b) shall be made within 180 days of the
				  receipt by the department of a complete application package.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 3 - CONSTRUCTION, ENLARGEMENT, REPAIR, ALTERATION, OR REMOVAL OF DAMS AND RESERVOIRS › Section 13-190.1-24 - Revocation of approval

Current through June, 2024
(a) The board shall
				  consider the revocation of the application approval in whole or in part for any
				  of the following:
(1) Material false
				  statement in the application or in any report or statement of fact required
				  pursuant to this chapter;
(2)
				  Violation of this chapter;
(3)
				  Violation of-the approved plans and specifications;
(4) Non-compliance of any conditions as set
				  by the board; or
(5) Discovery of
				  unforeseen unsafe conditions.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 4 - CONSTRUCTION, INSPECTION, ANO COMPLETION › Section 13-190.1-30 - General construction requirements for construction, enlargement, repair, alteration, or removal of a dam, reservoir, or appurtenant works

Current through June, 2024
For the actual construction work for the construction,
					 enlargement, repair, alteration, or removal of a dam, reservoir, or appurtenant
					 works, the owner or applicant, or both, shall be responsible for providing and
					 complying with the following:
(1)
				  Construction engineer's observation of construction.
(A) Prior to the start of any work on the dam
				  or reservoir, the owner or applicant shall provide a construction engineer, to
				  ensure compliance with the approved plans and specifications, including any
				  approved change orders and the construction quality assurance plan;
(B) The construction engineer shall have
				  ultimate responsibility for the supervision of all inspection tasks and
				  compliance with approved plans and specifications; and
(C) The construction engineer may assign some
				  inspection tasks to a duly authorized agent, under the construction engineer's
				  supervision;
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 4 - CONSTRUCTION, INSPECTION, ANO COMPLETION › Section 13-190.1-32 - Complaints as to unsafe conditions during construction

Current through June, 2024
(a)
				  Upon receipt of a written complaint alleging that the person or property of the
				  complainant is endangered by the construction, enlargement, repairs,
				  alterations, removal, maintenance, or operation of any dam or reservoir, the
				  department shall contact the owner and the department or department
				  representative shall conduct an inspection unless the data, records, and
				  inspection reports on file with the department are sufficiently adequate to
				  determine whether the complaint is valid or invalid.
(b) If an unsafe condition exists, the.
				  department shall notify the owner to take action necessary to render the
				  condition safe, including breaching or removal of any dam found beyond repair.
				  If the owner is unavailable or unresponsive, the board may commence action
				  under section 13-190.1-41.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 5 - MAINTENANCE, OPERATION, AND EMERGENCY WORK › Section 13-190.1-40 - Maintenance and operation

Current through June, 2024
(a) Owners shall
				  provide for the adequate and timely maintenance, operation, and inspection of
				  their dams and reservoirs and shall be responsible for any engineering and
				  geologic investigations which may be required to ensure public safety. Owners
				  shall keep available and in good order records of -original' ' '" construction
				  and any modifications, and shall report to the department their maintenance,
				  operation, and engineering activities,&#9632;including at a minimum, but
				  not limited to, horizontal and vertical controls, seepage measurements,
				  piezometric data collection, and geologic investigations.
(b) The owner of a dam or reservoir shall
				  fully and promptly advise the department of any flood, incidents, or
				  circumstance which may adversely affect the dam or reservoir.
(c) The department shall make inspections of
				  dams and reservoirs either with its own engineers or by consulting engineers of
				  its selection, not less than once every five years. The department shall
				  require owners to perform at their expense any necessary remedial work and work
				  reasonably required to disclose information sufficient to enable the department
				  to determine conditions of dams and reservoirs in regard to their safety,
				  including the installation, maintenance, and monitoring of
				  instrumentation.
(d) All costs
				  incurred by the department to conduct the inspection may be charged to the
				  owner. The department shall present a bill for the expenses to the owner, and
				  if the owner neglects for ninety days thereafter to pay it, the bill and costs
				  become a lien upon the lands and property of the owner., so" :. liable for the
				  payment of the bill, and must be collected as delinquent taxes against the
				  lands and property are collected. All funds collected shall be deposited into
				  the dam and reservoir safety special fund.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 5 - MAINTENANCE, OPERATION, AND EMERGENCY WORK › Section 13-190.1-40.1 - Operation and maintenance plan

Current through June, 2024
(a) Owners and
				  operators shall maintain an up-to-date operation and maintenance plan including
				  an inspection and monitoring program with written reports submitted to the
				  department on a yearly basis. The inspection and monitoring program shall
				  contain- the actions required to maintain and keep the structure, its
				  appurtenant works, and access in a state of repair and operating condition that
				  would be required by the exercise of due care with regard for the safety of
				  persons or property, using sound and accepted engineering principles,
				  guidelines, and these rules.
(b) An
				  operation and maintenance plan shall include the following:
(1) Facility information and site map:
(A) Dam name;
(B) State dam inventory identification
				  number;
(C) Owner's name;
(D) Stream;
(E) Location;
(F) Dam type; and
(G) Dam height, crest length, and crest
				  width;
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 5 - MAINTENANCE, OPERATION, AND EMERGENCY WORK › Section 13-190.1-41.1 - Emergency action by department

Current through June, 2024
(a) In applying the
				  remedial means provided for in this chapter, the department may in an emergency
				  with its own forces, or by other means at its disposal, do any or all of the
				  following:
(1) Take full charge and control
				  of any dam or reservoir;
(2) Lower
				  the water level by releasing water from the reservoir;
(3) Completely or partially drain the
				  reservoir;
(4) Perform any
				  necessary remedial or protective work at the site; or
(5) Take such other steps as may be essential
				  to safeguard life and property.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 5 - MAINTENANCE, OPERATION, AND EMERGENCY WORK › Section 13-190.1-42 - Emergency action plan

Current through June, 2024
(a) Owners of high
				  and significant hazard dams shall prepare, maintain, and implement an emergency
				  action plan for v. each dam or reservoir for immediate defensive action to
				  alert and evacuate the aff.ected population and to mitigate damages to
				  property.
(b) The emergency action
				  plan shall be submitted to the department.
(c) The emergency action plan shall contain
				  at a minimum the following:
(1) Guidance for
				  determining emergency event levels;
(2) A notification procedure for informing
				  the department and local emergency response agencies;
(3) An anticipated evacuation area;
(4) Listing of official emergency action
				  governmental plan holders;
(5)
				  Directions to the facility;
(6) A
				  location map and site map; and
(7)
				  Testing, training, and updated information for the plan.