HAR §13-183-87. Environmental protection

(a) Protection of the environment includes responsibility of the operator of any well to: (1) Conduct exploration, drilling, and development operations in a manner deemed necessary by the chairperson to provide maximum protection of the environment; (2) Rehabilitate disturbed lands; (3) Take all precautions deemed necessary by the chairper son to protect the public health and safety; and (4) Conduct operations in accordance with the intent and objectives of these rules and all other applicable federal, state, and county environmental legislation. (b) Adverse environmental impacts from geothermal-related activity shall be prevented or mitigated through enforcement of these rules and of all other applicable federal, state, and local standards, and the application of existing technology. Inability to meet these environmental standards or continued violation of environmental standards by any well operator after due notification, may be construed as grounds for the chairperson to order a suspension of well operations. (c) The operator of any well shall be responsible for monitoring readily identifiable localized environmental impacts associated with specific activities that are under the operator's control. Monitoring of environmental impacts may be conducted by the use of aerial surveys, inspections, periodic samplings, continuous records, or by other means or methods as required by the chairperson. Due to the differing natural environmental conditions among geothermal areas, the extent and frequency of monitoring activities shall be approved by the chairperson on an individual well basis. In the event the chairperson determines that the degree and adequacy of existing environmental protection rules in certain areas are insufficient, the chairperson may establish additional and more stringent requirements. The operator of any well shall provide for acquisition of adequate environmental baseline data prior to submission of a plan for production. Techniques and standards to be used by the operator for meeting these requirements shall be subject to the approval of the chairperson. (d) The operator of any well shall reduce visual pollution, 50 where feasible, by the careful selection of sites for operations and facilities. The design and construction of facilities shall be conducted so that the facilities will blend into the natural environmental setting of the area by the appropriate use of landscaping, vegetation, compatible color schemes, and minimum profiles. Native plants or other compatible vegetation shall be used, where possible, for landscaping and revegetation. (e) Drilling and operating plans shall be designed so that the operations will result in the least disturbance of land, water, and vegetation. Existing roads shall be used where feasible. Entry upon certain environmental fragile land areas may be either seasonally restricted or restricted to special vehicles or transportation methods which will minimize disturbance to the surface or other resources as specified by the chairperson. Plans for drilling operations shall provide for the reclamation and revegetation of all disturbed lands in a manner approved by the chairperson. Land reclamation may include preparation and seeding with prescribed wildlife food and plant cover or improved and acceptable substitutes thereof which will equal or enhance the food values for indigenous wildlife species and domesticated animals. Temporary fencing for the reclaimed areas may be required to facilitate restoration thereof. (f) Operations shall be conducted in a manner which minimizes erosion and disturbance to natural drainage. The operator of any well shall provide adequate erosion and drainage control to prevent sediments from disturbed sites from entering water courses for soil and natural resource conservation protection. (g) The operator of any well shall conduct all operations in a manner which provides reasonable protection of fish, wildlife, and natural habitat. The operator shall take measures necessary for the conservation of endangered and threatened species of flora and fauna. (h) The operator of any well shall exercise due diligence in the conduct of his operations to protect and preserve significant archaeological, historical, cultural, paleontological, and unique geologic sites. Previously unknown sites discovered during any operations shall be immediately reported to the chairperson, and operations on that site shall cease until said site can be assessed for its archaeological value. (i) The operator of any well shall comply with all applicable federal, state, and local standards with respect to air, land, water, and noise pollution, and the disposal of liquid, solid, and gaseous effluent. Immediate corrective action approved or prescribed by the chairperson shall be taken in all cases where pollution has occurred or abatement is deemed necessary. The disposal of well effluents shall be done in a 51 manner that does not constitute a hazard to surface or ground water resources. (j) The operator of any well shall design, plan, and conduct all well drilling, casing and cementing operations in a manner which provides for protection of all usable ground water resources from exhaustion, depletion, waste, pollution, and salt water encroachment or the threat thereof. [Eff. JUN 22 1981] (Auth: HRS §182-14) (Imp: HRS §182-14) 52 The rules adopting chapter 183 of Title 13, Administrative Rules entitled Rules on Leasing and Drilling of Geothermal Resources  were adopted on May 8, 1981 by the board of land and natural resources following a public hearing held on April 10, 13, 14 and 15, 1981, after public notice was given in the Honolulu Star Bulletin on March 21, 1981, and the Hawaii Tribune Herald, the Maui News, and the Garden Island on March 17, 1981. This rule shall take effect ten days after filing with the office of the lieutenant governor. Chairperson and Member Board of Land and Natural Resources Member Board of Land and Natural Resources APPROVED AS TO FORM: Deputy Attorney General Governor Date Filed