Haw. Code R. § 13-168-12 - Well construction and pump installation permits

(a) No well shall be constructed, altered, or repaired and no pump or pumping equipment shall be installed, replaced, or repaired without an appropriate permit from the commission. An application for a well construction or pump installation permit shall be accompanied by a non-refundable filing fee of $25.00, excepting government agencies, and shall be required for all areas of the state, including water management areas. The owner of a well shall make application or cause an application to be made by the well driller who will construct the well or by the pump installation contractor who will install the pump and pumping equipment, as the case may be.

(b) Applications for a well construction or pump installation permit shall be made on forms provided by the commission. The commission shall approve or disapprove an acceptably completed application within ninety calendar days of receipt by the commission. Each application shall contain the name of owner or operator; location; contractor's license number; purpose of well construction or pump installation; proposed withdrawal and use of water; water use permit information if applicable; type, size, and expected capacity of the well or pump; and such other information as the commission may require.

(c) The commission may issue or cause to be issued a permit only if the proposed construction complies with all applicable laws, rules, and standards. Before an application for a well construction permit is approved, the commission shall cause such application to be reviewed by the department of health for compliance with their rules and standards concerning, among other things, the appropriateness of the well location.

(d) Every well construction or pump installation permit for a new well or well without a previous pumping test shall require a pumping test to be performed. Measurements of time, pumping rate, drawdown, and chloride content, as appropriate and approved, shall be recorded and reported as required in § 13-168-13.

(e) Every well construction and pump installation permit shall direct the well driller or pump installation contractor to file a well completion report, as provided in § 13-168-13. The permit shall be prominently displayed at the site of the well at all times until the well construction or the pump installation is completed.

(f) The holder of a well construction permit, with the approval of the commission, may change the location of the well before construction is completed. An application to change the location shall state the location, proposed depth, method of construction, size, and expected capacity of the new well. The application to change the location shall also state the manner of sealing or plugging the abandoned well. The commission shall cause all such applications to be reviewed by the department of health for compliance with their rules and standards concerning, among other things, the appropriateness of the location of the well.

(g) An amended well construction permit may be issued by the commission if it determines that the proposed new well location will serve the same use as the original well, draw upon the same supply of water, and will not be contrary to any applicable law, rule, order, or regulation; and that the incomplete and abandoned well will be sealed or plugged in an approved manner.

(h) An applicant for a well construction or pump installation permit whose application or amended application is rejected may obtain a hearing before the commission by filing within thirty days of the mailing of the notice of rejection a written petition requesting such a hearing. The hearing shall be conducted pursuant to chapter 13-167.

(i) The commission may modify, suspend, or revoke a permit, after notice and hearing, on any of the following grounds:

(1) Material misstatement or misrepresentation in the application for a permit;

(2) Failure to comply with the provisions set forth in the permit;

(3) Willful disregard or violation of any provision of this part or any rule adopted pursuant thereto; or

(4) Material change of circumstances or conditions existing at the time the permit was issued.

(j) Every Well construction and pump installation permit issued or caused to be issued by the commission shall be for a specified period not to exceed two years, unless otherwise specified in the permit and shall contain the commencement and completion dates for the permitted activity. In determining the commencement and completion dates of the activity, the commission shall take into consideration the:

(1) Cost and magnitude of the project;

(2) Engineering and physical features involved;

(3) Existing conditions; and

(4) Public interest affected.

(k) The commission may extend the completion dates of the activity prescribed in any permit upon a showing of good cause and good-faith performance. If the commencement or completion date is not complied with, the commission shall cause the permittee to be notified by certified mail that the permit shall be revoked within sixty days unless the permittee can show good cause that it should not be revoked.

Notes

Haw. Code R. § 13-168-12

[Eff. MAY 27 1988] (Auth: HRS § 174C-8) (Imp: HRS §§ 91-2, 174C-48, 174C-53, 174C-84)