HAR §13-185-13
HAR §13-185-13. Joint agreement
Cite as Haw. Code R. § 13-185-13
(a) Representatives
of the State and county agencies participating on the
consolidated application and review team shall sign a joint
agreement committing them to meet and perform the following
tasks for each project application:
(1)
provide a listing of all permits required for the
proposed project;
(2)
specify the regulatory and review responsibilities of
the department and each State, county, and federal
agency and the responsibilities of applicants;
(3)
provide a timetable for regulatory review, the
conduct of necessary hearings, preparation of an
environmental impact statement, if necessary, and
other actions required to minimize duplication and to
coordinate and consolidate the activities of
applicants, the department, and the State, county,
and federal agencies, with the timetable
accommodating existing statutes, ordinances, or rules
established pursuant thereto, of each participating
agency so that if one participating agency requires
more time than another agency to process its portion
of the consolidated permit application and cannot
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move up its schedule, the consolidated process shall
defer to the agency with the longer time requirement;
(4)
coordinate hearings required for a permit, and hold
hearings on the island where the proposed activity
shall occur;
(5)
prepare alternatives for resolving administrative or
procedural conflicts and bring these to the affected
agencies for resolution and if none of these
alternatives is satisfactory to resolve a conflict,
follow the conflict resolution process in section 13-
185-14;
(6)
approve a consolidated permit compliance monitoring
program and schedule prepared by the department to
take effect after proposed project is approved, to be
monitored by the department; and
(7)
provide that each agency shall monitor and enforce
the respective terms and conditions of each agency s
respective permits.
(b) Federal agencies are invited to sign the joint
agreement for a period not to exceed the term of the entire
process for each geothermal and cable system development
project application submitted to the department. Signing the
joint agreement and thereby participating in the consolidated
application process shall not affect or invalidate the
jurisdiction or authority of any agency under existing law.
Each agency shall issue its own permit or approval based on
its own jurisdiction. [Eff. SEP 05 1989] (Auth: HRS Sec.
196D-9) (Imp: HRS Sec. 196D-4)