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 13-185-2 - Definitions

Current through June, 2024
As used in this chapter: Act means the geothermal and
					 cable system development permitting act of 1988, codified as chapter
					 196D, Hawaii Revised
					 Statutes.
Agency means any department, office, board, or commission
					 of the State or a county government which is a part of the executive branch of
					 that government, but does not include any public corporation or authority that
					 may be established by the legislature for the purposes of geothermal and cable
					 system development.
Applicant means any person who, pursuant to statute,
					 ordinance, rule, or regulation, requests approval or a permit for a geothermal
					 and cable system development project.
Approval means a discretionary consent required from an
					 agency prior to the actual implementation of a geothermal and cable system
					 development project.
Conflict means a procedural disagreement between or among
					 agencies as a result of conflicting permit, approval, or other requirements,
					 procedures, or agency perspectives, not based on statute, ordinance, or rule
					 established pursuant thereto, but based on administrative interpretation
					 outside of statutory authority, which does not affect or invalidate the
					 jurisdiction or authority of any agency under existing law.
Consolidated permit application form means a package of
					 forms comprising the form made for this purpose by the department of land and
					 natural resources plus the forms of whatever federal and other agencies have
					 permitting authority over a particular project and are required to use their
					 own application form. Information provided in this package includes but is not
					 limited to information identifying the applicant, the landowner, the location
					 of the proposed geothermal and cable system development project, the types of
					 permits required, environmental requirements, information on the geographic
					 location of the project, a description of the proposed project, and plan
					 information.
Department means the department of land and natural
					 resources or any successor agency.
Discretionary consent means a consent, sanction, or
					 recommendation from an agency for which judgement and free will may be
					 exercised by the issuing agency, as distinguished from a ministerial
					 consent.
Environmental impact statement means, as applicable, an
					 informational document prepared in compliance with chapter
					 343, Hawaii Revised Statutes, or with
					 the National Environmental Policy Act of 1969 ( Public Law 91-190 ).
Geothermal and cable system development project or project
					 means the commercial development, construction, installation, financing,
					 operation, maintenance, repair, and replacement, including without limitation
					 all applicable exploratory, testing, and predevelopment activities related to
					 the foregoing, of:
(1) a geothermal power plant or plants, including
					 associated equipment, facilities, wells, and transmission lines, on the islands
					 of Hawaii or Maui, for the purpose of generating electric energy for
					 transmission primarily to the island of Oahu through the cable system;
					 and
(2) an interisland deep water electrical transmission cable
					 system, including all land-based transmission lines and other ancillary
					 facilities, to transmit geothermally generated electric energy from the islands
					 of Hawaii or Maui, to the islands of Oahu or Maui, regardless of whether the
					 cable system is used to deliver electric energy to any intervening point.
Interagency group means a group comprised of
					 representatives from county, State, and federal agencies involved in geothermal
					 and cable system development permitting activities whose permitting functions
					 are not transferred by Sec.
					 196D-10,
					 Hawaii Revised Statutes, to the department for the purpose of consolidating the
					 permitting process for geothermal and cable system development projects.
Intervenor means a person or agency who properly seeks by
					 application to intervene and is entitled as of right to be admitted as a party
					 in any court or agency proceeding.
Permit means any license, permit, certificate,
					 certification, approval, compliance schedule, or other similar document or
					 decision pertaining to any regulatory or management program which is related to
					 the protection, conservation, use of, or interference with the natural
					 resources of land, air, or water in the State and which is required prior to or
					 in connection with the undertaking of the project.
Person includes any individual, partnership, firm,
					 association, trust, estate, corporation, joint venture, consortium, any public
					 corporation or authority that may be established by the legislature for the
					 purposes of the project, or other legal entity other than an
					 agency.