(a) When a well is abandoned, the owner shall seal the abandoned well in a manner approved by the commission. Before sealing, the owner shall file with the commission an application for a well sealing permit signed by a driller licensed to do the work and other information required by the commission .

Terms Used In Hawaii Revised Statutes 174C-87

  • Abandoned well: means any well:

    (1) The purpose or use of which has been permanently discontinued;
    (2) That has served its purpose;
    (3) That is not properly maintained;
    (4) The physical condition of which is causing a waste of ground water or is impairing or threatens to impair the quality of the ground water resources; or
    (5) That is in such a state of disrepair that its continued use is impractical or poses a hazard to public health or safety. See Hawaii Revised Statutes 174C-81
  • Commission: means the commission on water resource management. See Hawaii Revised Statutes 174C-3
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Well: means an artificial excavation or opening into the ground, or an artificial enlargement of a natural opening by which ground water is drawn or is or may be used or can be made to be usable to supply reasonable and beneficial uses within the State. See Hawaii Revised Statutes 174C-3
  • Well construction: means the producing of any well, including the construction, alteration, or repair thereof, but excluding the installation of pumps and pumping equipment. See Hawaii Revised Statutes 174C-81
(b) The owner of an abandoned well shall repair or seal the well at the owner’s expense, as provided by the well construction and pump installation standards.
(c) Notwithstanding any other law to the contrary, if the owner of real property that includes an abandoned well transfers ownership of the real property, the owner shall notify the commission on water resource management of that transfer upon opening of escrow; provided that the presence or existence of the abandoned well is:

(1) Within the knowledge of the owner; or
(2) Visible from an accessible area.
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