HAR §13-183-59
HAR §13-183-59. Protection of other resources
Cite as Haw. Code R. § 13-183-59
(a) The lessee
shall remove any derrick, equipment, or facilities within sixty
days after lessee has ceased making use thereof in its
operations.
(b)
All permanent operating sites shall be landscaped or
fenced to screen them from public view. The landscaping or
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fencing shall be approved in advance by the State and kept in
good condition.
(c)
All drilling and production operations shall be
conducted in a manner that eliminates as far as practicable dust,
noise, vibration, or noxious odors. Operating sites shall be
kept neat, clean, and safe. Drilling dust shall be controlled to
prevent widespread pollution. Determination of what is
considered detrimental rests solely with the chairperson.
(d)
Wastes shall be discharged in accordance with all
federal, state, and local requirements.
(e)
Any operation disturbing the soil surface, including
road building, construction, and movement of heavy equipment in
support of or relating to specific geothermal exploration or
development activities shall be conducted in a manner that will
not result in unreasonable damage to trees and plant cover, soil
erosion, or degradation of water resources.
(f)
Existing roads, except public roads, and bridges on or
serving the area under lease shall be maintained in a condition
equal to or better than that before use. New roads and bridges
shall be located, constructed, and maintained in accordance with
the appropriate county requirements.
(g)
Marketable timber on state or reserved lands which are
damaged, destroyed, or used shall be compensated for at fair
market value to the owners of the land. Borrow pit material
shall not be obtained from state or reserved lands without
permission and payment of market value to the owner.
(h)
Improvements, structures, telephone lines, trails,
ditches, pipelines, water developments, fences, permanent
improvements, and crops of the owners shall be protected from
damage and repaired or replaced when damaged or monetary
compensation paid to the owners for the damage.
(i)
Access to drilling or production sites by the public
shall be controlled by the lessee to prevent accidents or injury
to persons or property.
(j)
Areas cleared and graded for drilling and production
facility sites shall be kept to a reasonable number and size, and
are subject to board approval.
(k)
Lessee shall conduct its operations in a manner which
will not interfere with the right of the public to use public
lands and waters.
[Eff. JUN 22 1981] (Auth: HRS §182-14) (Imp: HRS §182-14)