Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 168 - WATER USE, WELLS, AND STREAM DIVERSION WORKS › Subchapter 3 - WELLS › Section 13-168-12 - Well construction and pump installation permits

Current through June, 2024
(a)
				  No well shall be constructed, altered, or repaired and no pump or pumping
				  equipment shall be installed, replaced, or repaired without an appropriate
				  permit from the commission. An application for a well construction or pump
				  installation permit shall be accompanied by a non-refundable filing fee of
				  $25.00, excepting government agencies, and shall be required for all areas of
				  the state, including water management areas. The owner of a well shall make
				  application or cause an application to be made by the well driller who will
				  construct the well or by the pump installation contractor who will install the
				  pump and pumping equipment, as the case may be.
(b) Applications for a well construction or
				  pump installation permit shall be made on forms provided by the commission. The
				  commission shall approve or disapprove an acceptably completed application
				  within ninety calendar days of receipt by the commission. Each application
				  shall contain the name of owner or operator; location; contractor's license
				  number; purpose of well construction or pump installation; proposed withdrawal
				  and use of water; water use permit information if applicable; type, size, and
				  expected capacity of the well or pump; and such other information as the
				  commission may require.
(c) The
				  commission may issue or cause to be issued a permit only if the proposed
				  construction complies with all applicable laws, rules, and standards. Before an
				  application for a well construction permit is approved, the commission shall
				  cause such application to be reviewed by the department of health for
				  compliance with their rules and standards concerning, among other things, the
				  appropriateness of the well location.
(d) Every well construction or pump
				  installation permit for a new well or well without a previous pumping test
				  shall require a pumping test to be performed. Measurements of time, pumping
				  rate, drawdown, and chloride content, as appropriate and approved, shall be
				  recorded and reported as required in § 13-168-13.
(e) Every well construction and pump
				  installation permit shall direct the well driller or pump installation
				  contractor to file a well completion report, as provided in § 13-168-13.
				  The permit shall be prominently displayed at the site of the well at all times
				  until the well construction or the pump installation is completed.
(f) The holder of a well construction permit,
				  with the approval of the commission, may change the location of the well before
				  construction is completed. An application to change the location shall state
				  the location, proposed depth, method of construction, size, and expected
				  capacity of the new well. The application to change the location shall also
				  state the manner of sealing or plugging the abandoned well. The commission
				  shall cause all such applications to be reviewed by the department of health
				  for compliance with their rules and standards concerning, among other things,
				  the appropriateness of the location of the well.
(g) An amended well construction permit may
				  be issued by the commission if it determines that the proposed new well
				  location will serve the same use as the original well, draw upon the same
				  supply of water, and will not be contrary to any applicable law, rule, order,
				  or regulation; and that the incomplete and abandoned well will be sealed or
				  plugged in an approved manner.
(h)
				  An applicant for a well construction or pump installation permit whose
				  application or amended application is rejected may obtain a hearing before the
				  commission by filing within thirty days of the mailing of the notice of
				  rejection a written petition requesting such a hearing. The hearing shall be
				  conducted pursuant to chapter 13-167.
(i) The commission may modify, suspend, or
				  revoke a permit, after notice and hearing, on any of the following grounds:
(1) Material misstatement or
				  misrepresentation in the application for a permit;
(2) Failure to comply with the provisions set
				  forth in the permit;
(3) Willful
				  disregard or violation of any provision of this part or any rule adopted
				  pursuant thereto; or
(4) Material
				  change of circumstances or conditions existing at the time the permit was
				  issued.