Haw. Code R. § 13-185-13 - Joint agreement

(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 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.

Notes

Haw. Code R. § 13-185-13

[Eff. SEP 05 1989] (Auth: HRS Sec. 196D-9) (Imp: HRS Sec. 196D-4)