§11-23-05 - Identification of exempted aquifers and USDW.

§11-23-05 Identification of exempted aquifers and USDW.

(a) The department has designated the following formations as exempted portions of aquifers: in the horizontal dimension, lands which are makai of the UIC line; and in the vertical dimension:

(1) Where the volcanic formation is a non-artesian aquifer, the entire geologic column; or

(2) Where the volcanic formation is an artesian aquifer, from the subaerial ground surface down to fifty feet above the contact between the artesian volcanic aquifer and the overlying confining materials.

(b) Unless an aquifer is expressly exempted, as described above or depicted on the department-issued UIC maps, it is an underground source of drinking water.

(c) In areas where the UIC line is defined by a roadway, a setback of one lot or one hundred fifty feet, whichever is less, from the mauka property line of that roadway may be considered to be within the exempted area. If the roadway is within a property, the setback shall extend to the mauka property line or to one hundred fifty feet from the mauka edge of said roadway, whichever is less. This interpretation of the UIC line shall be subject to all other conditions of this chapter. The applicant, on the permit application, shall request this interpretation, approval of which shall be based on the proximity and sensitivity of drinking water sources.

         [Eff. 7/6/84; am and comp NOV 12 1992 ) (Auth: HRS S340E-2) (Imp: HRS §340E-2, 40 CFR §§144.7 and 156.4)

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