Haw. Code R. § 13-183-59 - Protection of other resources

(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 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.

Notes

Haw. Code R. § 13-183-59

[Eff. JUN 22 1981] (Auth: HRS § 182-14) (Imp: HRS § 182-14)