Does nighttime drilling ban apply to PGV?

[kalakoa]

looks like a back stabbing to our community now

Only just now. Suddenly. Out of nowhere. Without warning. Nobody saw it coming.

[ironyak]

Originally posted by pahoated
Act 97 is buried and dead. The state has since then taken away all drilling ordinance power from the county. If it gets taken to court, all it's going to show is the state directing the county code be stricken of those chapters. Hawaii island citizens did it to themselves by allowing about 30 people around PGV to try to manipulate local government.

Maybe you got numbers wrong? Act 97 became law in 2012, and removed the county GRP process for geothermal. Permitting for drilling still resides with the DNLR as it did before.
http://westhawaiitoday.com/sections/news...sions.html

If following up on residents' concerns and clarifying county laws is government being "manipulated", what does an unmanipulated government do?

[kalakoa]

Permitting for drilling still resides with the DNLR as it did before.

County has a track record of "declining to enforce" any County rules which are "superseded" by State law, so this argument should be over and done with.

Unless, of course, County only cedes to State when it's politically expedient.

[lavalava]

So then by that rationale - anyone upset by the next round of drilling should be contacting DLNR?!

[kalakoa]

anyone upset by the next round of drilling should be contacting DLNR?!

Absolutely right: State wanted the authority, they can have the responsibility that goes with.

[ironyak]

Originally posted by lavalava
So then by that rationale - anyone upset by the next round of drilling should be contacting DLNR?!

Not quite so simple. PGV is covered by a wide range of county, state, and federal permit requirements. Those with questions or concerns could contact:

County Planning: PGV's conditions of operation in their county GRP
County Council: Nighttime drilling ban, Geothermal Asset Fund, general issues
County Civil Defense: PGV's Emergency Response Plan
DLNR: Well drilling permits
DOH: state noise limits (70dB), gas emissions
EPA: Underground Injection Permits (UIC) for ground water issues
County, state, & federal representatives: general issues
Others?

[ironyak]

Originally posted by pahoated
All geothermal regulation authority was transferred to DLNR last year. ALL LEGAL REGULATION.

You should be sure to let Ilagan and County Council know this so they can stop wasting time on those county resolutions. Then be sure to tell state DOH (clean air and noise), and federal EPA that they're off the hook too. PGV has only got to deal with DLNR regulations from now on.

Except, DLNR says the opposite. Reading the law:
http://dlnreng.hawaii.gov/geothermal/wp-...AP1831.pdf

§13-183-18 Compliance with applicable laws. The permittee shall be required to comply with the requirements of all federal, state, and applicable county laws, rules, and regulations. [Eff. JUN 22 1981] (Auth: HRS §182-14) (Imp: HRS §182-14)

(Do you read the material you link to as it often tends not to support your case? Or is there a particular section you're focused on?)

[ironyak]

Another pahoated post, another logical fallacy demonstrated. Today's example is "Special Pleading", often linked with "Shifting Sands" or perhaps more timely, "Moving the Goalposts", where a shift in wording or special exceptions are invoked to try to keep your argument valid.

https://yourlogicalfallacyis.com/special-pleading

"the government entities work for each other" becomes "these agencies work with each other" (No, really?)
"DLNR - ALL LEGAL REGULATION." becomes "Each one has requirements." BUT PGV "got all their permits long ago" (Yes, that's the basis of why PGV believes they are exempt from the nighttime drilling ban. Except their permits say otherwise.)
"Act 97 is buried and dead" becomes ??? (no doubt there is work underway to amend Act 97 and restore some County Rule on geothermal)

As for Ilagan, at least he is working to clarify this situation which is far more than your contributions on this topic. (Yes PM2, that is an ad hominem of the needling variety, and well deserved IMO. Sorry to keep feeding, but hoping to make it educational at least

[Guest]

Ironyak, once again we must thank you for your time and contributions. Have you ever seen the movie Erin Brockivich staring Julia Roberts? Great movie, unfortunately this Puna county looks to be very similar. Almost seems as though big business Ormat geothermal has implants already living and posing here as residents.
These contracts and or permits Mike K is referring to on why this nighttime drilling ban does not apply to geothermal feel old and out of date. The great people of lower puna are very divided about even wanting geothermal production at all anymore in these parts. Those contracts were made or signed before this county became such a tourist destination. We here in Puna don't need geo for power, jobs, or money like we may have 20 or 30 years ago. Many folks here are catering to the tourism just like Oahu or kona, the restaurants and vacation rentals are doing well because of the new flow and its unique rural places now on the map.
This grandfathering of geothermal and its contracts should not speak for our changing community of today. Ormat wants us to believe we the people need them to survive, the truth is Ormat needs our resources from under us. These resources are much more valuable today than 20 years ago, probably even more so 20 years from now. We need to stall the current geothermal contract, to allow some time to revise and reform the numbers and language written to conform to the needs of this community because of the impacts of this new lava flow and its uncertainties. Can Our county do this or not, they did this a few times with the relocation fund.
Puna's land and community have been the lab rats to this experimental drilling for well over thirty years now. Now that geothermal has better technology and claims they can gather these resources elsewhere, it may seem like the wrong time for our county to pull out? Yet if Ormat had to drill on Maui or Kona for the next 30 years and deal with a different community, or resource, we would know more as a community what we truly have in value under our feet. We need the break to do the dozen or so studies needed, which should provide more local jobs than geothermal is currently. JMOpinions

[opihikao]

Good report including footage of County Council meeting during discussion of Bill 292 (2012 footage):

https://www.youtube.com/watch?v=G_yTRtWfFq4

(*Source - Big Island Video News)

JMO.