Does nighttime drilling ban apply to PGV?

[ironyak]

http://hawaiitribune-herald.com/news/loc...gal-battle

Coverage of County Council meeting and lawsuit filed by Puna Pono Alliance.

[opihikao]

quote:

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Originally posted by ironyak

http://hawaiitribune-herald.com/news/loc...gal-battle

Coverage of County Council meeting and lawsuit filed by Puna Pono Alliance.

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Well, there you go. Thank you, ironyak. Our tax dollars spent on yet another damn lawsuit. Thanks to this group. Again. (For clarity of my thoughts: If PGV is sued, they can sue the County, the permits will not be pulled by the State, and it will cost all of us more freaking taxpayer money in the end.)

It reminds me of the night we attended the meeting in Pahoa Yagong called to address the geothermal concerns (2012). A young man who belongs to that group (PP) said to two of us (verbatim):

"You Hawaiians are doing this the wrong way (in support of geothermal, but want concerns addressed). You need to sue them!"

kalakoa hit the nail on the head.

Auwe.

JMO. (SMH. Again.)

[kalakoa]

Our tax dollars spent on yet another damn lawsuit.

Not just any lawsuit -- the best kind, where County doesn't even necessarily have standing.

Like suing over GMO (or LLEP) when it's preempted by State regulations.

County participates in the problem by passing bills which are de facto unenforceable; I think the rulemaking process should include sanity checking for "do we even have jurisdiction to regulate this?"

[Obie]

The council voted to not pursue this any further.If Puna Porno sues they will be going it alone and the simple fact that the previous council stated that the law didn't apply to PGV should end the suit rather quickly.

[ironyak]

quote:

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Originally posted by Obie

The council voted to not pursue this any further.If Puna Porno sues they will be going it alone and the simple fact that the previous council stated that the law didn't apply to PGV should end the suit rather quickly.

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For clarity, County Council clearly stated that they are still working on something to address the situation. Based on Corporation Counsel advice, they appear to be trying to avoid either having to sue PGV over the nighttime ban, or being sued by PGV over asserted vested interests. Either lawsuit would be costly and drawn out, doing nothing to address the current drilling concerns.

If you watch the 2012 video when the nighttime ban was passed Yangong is very deliberate with his language that whatever vested interests PGV has in its permits, this bill 292 will not change that. Onishi says this means PGV is exempt and that was everyone's understanding, but the permits do not explicitly protect drilling at night so what exactly are the exempted vested interests?

Everyone can say the ordinance is what they wanted it to be - politics at its finest, leaving future councils and residents to sort it out.

[Obie]

Their vested interests are the millions of dollars they spent on getting approval from dozens of different agencies.

They jumped through all of the hoops that were in place at the time.

[snorkle]

I would like to take this opportunity to thank HELCO and PGV for the five dollars they took off my electric bill following ten days without power after the storm.

I hope our monthy contribution helps you maintain your state of the art Tree catching system.

[ironyak]

pog - dB levels ??? Previous and maybe next? But RU there?
Decibel levels for last ~120 days of drilling in 2012 were acknowledged as 60+ dB. Who knows for next time, hopefully less. I do not live in the PGV area, but hope this give us all an extra reason to visit those that do and hear for ourselves.
http://westhawaiitoday.com/sections/news...ading.html

Obie - Their vested interests are the millions of dollars they spent on getting approval from dozens of different agencies.
Those millions of dollars secured them their permits which have requirements such as abiding by county, state, and federal laws. 24/7 drilling is not explicitly protected, but may be implied...? Some free legal counsel for the county would be helpful on this one.

gypsy69 - Common ground ideas for going forward.
Like the direction here, not sure how to collect. Maybe PGV will agree to some community reimbursement for night-drilling - funding for parks, school activities, resident hotel stays, etc... Send ideas to your council rep (as I am) and let's see if Wille's plan for a mediated solution goes anywhere.

kalakoa - Way to squander a resource.
Agreed - misstep after misstep for both government and PGV. When people point to successful geothermal elsewhere, it's not because of a difference in technology, but better legal and developer expectations that make geothermal more compatible and acceptable to residents.

If PGV actually acknowledged that they operate near residents and used urban drilling practices such as rigs with <45 dB noise at 600 ft, or efficient noise protection walls, perhaps a nighttime drilling ban would not be needed or ever pursued.

[kalakoa]

If PGV actually acknowledged that they operate near residents and used urban drilling practices

As far as I'm concerned the root of the problem is still the "Puna Zoning Scam".

Leilani is still zoned Ag ("cheap land and low taxes"). If the residents thereof wish to be treated as a Residential area, they need to petition the State LUC to reclassify their land as Urban, then demand that County change the zoning to Residential. (Remember, County zoning is subordinate to State Land Use; County has very little actual authority.)

Otherwise, the existing rules and laws permit PGV to make noise up 70db at all times 24x7x365.

[lavalava]

quote:

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Originally posted by pahoated

quote:

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Originally posted by ironyak
If PGV actually acknowledged that they operate near residents and used urban drilling practices such as rigs with <45 dB noise at 600 ft, or efficient noise protection walls, perhaps a nighttime drilling ban would not be needed or ever pursued.

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Statements like this expose you as a n00b. This isn't about noise,

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Hey speak for yourself PT! As I write this I am on my back lanai looking at PGV. The big green monstrosity in the flesh. Noise is a huuuuuge frickin deal man. If you don't agree then you must not live close enough to matter, like those vibration nut cases.