Haw. Code R. § 13-184-5

Current through September, 2024
Section 13-184-5 - Landowner initiated subzone designation

In addition to designations initiated by the board, any property owner, State mining lease applicant, geothermal mining lessee, or person with an interest in real property may initiate an application for designation of any area with geothermal potential as a geothermal resource subzone by specifying the area to the board. The application and three copies shall be accompanied by the following information:

(1) Names and addresses of the applicant, operator, owner of the geothermal mineral rights, landowner if not the same as the applicant, and the geothermal lease number, if applicable;
(2) Evidence that the applicant is qualified to submit such a petition;
(3) An accurate description and map of the area desired to be designated as a geothermal resource subzone;
(4) A statement by applicant of the purpose, justification, and need for designation; and
(5) An assessment report based on the criteria set forth in section 13-184-6 and any other information to support the proposed designation.

Applications for geothermal resource subzones shall be submitted to the department for approval by the board. Each application shall be accompanied by a filing fee of $100.00. The chairperson shall review the application for completeness and may request additional information deemed necessary to process the application for board approval. The chairperson shall notify the applicant in writing of the acceptance of the completed application. Within 180 days of the written notification of acceptance of the application, the board shall publish notice of and hold public hearings and render a decision on designating any part or all of the area requested for designation as a geothermal resource subzone. If the request for geothermal resource subzone is denied, the board shall state its reason for its decision. If the board fails to hold a hearing and render a decision within 180 days after issuance of the notice of acceptance of the application, the application is deemed approved subject to the conditions of section 13-184-11.

Haw. Code R. § 13-184-5

[Eff. SEP 6 1984] (Auth: HRS § 205-5.2) (Imp: HRS § 205-5.2)