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 13-185-14 - Conflict resolution process

Current through June, 2024
(a) Should
				  administrative or procedural conflicts, as opposed to conflicts of authority,
				  which are not treated in this chapter, arise that the consolidated permit
				  application and review team cannot resolve, the conflict resolution process
				  described in this section shall be implemented, provided that the conflict
				  resolution process shall not affect or invalidate the jurisdiction or authority
				  under existing law.
(b) In an
				  administrative or procedural conflict, as opposed to a conflict of authority,
				  which is not treated in this chapter, conflict between State departments, any
				  affected State department head may declare that an impasse exists between that
				  department and any department or departments of the State during any phase of
				  the permitting process related to the geothermal and cable systems development
				  project. Applicants may also seek an impasse declaration by filing in writing
				  with the administrative director of the State that such a declaration should be
				  issued if the processing of a permit application has not made significant
				  progress for forty-five calendar days. The administrative director shall make
				  the determination whether an impasse declaration should be made. Upon an
				  impasse being declared, the involved department heads shall each submit a
				  report in writing to the administrative director within ten calendar days from
				  the date of the impasse declaration. The reports shall list the chronological
				  events leading to the impasse, the perceived causes of the impasse, and a
				  suggested solution. The administrative director or the administrative director
				  s designee shall meet with the involved directors within twenty calendar days
				  from the impasse declaration date. Should the impasse still exist following
				  this meeting, the administrative director shall report to the governor the
				  latest position of the directors and a recommendation. Upon a decision of the
				  governor resolving the impasse, the involved departments shall initiate
				  implementing the governor s decision within three calendar days from the date
				  of the final decision.
(c) In an
				  administrative or procedural conflict, as opposed to a conflict of authority,
				  which is not treated in this chapter, between State and county agencies, any
				  State or county department head involved in processing application related to
				  the geothermal/cable project can declare that an impasse has developed between
				  the involved county and State departments.
(d) Such a declaration shall be in writing
				  identifying the unresolved issues and the respective positions of the affected
				  departments. Applicants may also seek an impasse declaration by filing a
				  written request with the administrative director of the State or the county
				  agency which shall be designated by the mayor. Such a request for impasse
				  declaration may be made if the processing of a permit application has not made
				  significant progress for forty-five calendar days. Unless objected to in
				  writing by the reviewing county and State department or State departments, an
				  impasse declaration shall be made within ten working days from the date that
				  the request for impasse declaration was filed. Upon an impasse being declared,
				  the affected State and county department heads shall each submit a report in
				  writing to both the State administrative director and the designated county
				  agency within ten days from the date of impasse declaration. The reports shall
				  list the chronological events leading to the impasse, the perceived causes of
				  the impasse, and suggested solution. The administrative director or the
				  administrative director s designee and the head of the mayor s designated
				  county agency or that agency s designee, shall meet with the involved State and
				  county department heads within twenty calendar days from the impasse
				  declaration date. Should the impasse declaration still exist following the
				  meeting, the administrative director shall render a decision. The involved
				  State and county departments shall initiate implementing the administrative
				  director s decision within three calendar days from the date of the final
				  decision.