HAR §13-190.1-52. Annual fees

(a) An annual fee shall be paid by the owner of the dam, on or before December 31 of each year, for the following calendar year, based upon a fixed rate and height of the dam. The annual fee shall be five hundred dollars per dam, plus one hundred ten dollars per foot of height. (b) Any owner who fails to pay any annual fee or any part of any annual fee required to be paid within the time required shall pay a penalty of ten per cent of the annual fee or part of the annual fee, plus interest at the rate of one-half of one per cent per month, or for each fraction of a month, from the date on which the annual fee or the part of the annual fee became due and payable to the department until the date of payment. (c) For the purposes of this section, "height of the dam" means the vertical distance, to the nearest foot, from the natural bed of the stream or 190.1 - 45 2987 watercourse at the downstream toe of the barrier, as determined by the department, or from the lowest elevation of the outside limit of the barrier, as determined by the department, if it is not across a stream channel or watercourse, to the maximum water storage elevation. [Eff. FEB 20 2012 ] (Auth: HRS §179D-6) (Imp: HRS §179D-6) 190.1 - 46 2987 # DEPARTMENT OF LAND AND NATURAL RESOURCES The repeal of Chapter 13-190 and the adoption of Chapter 13-190.1, Hawaii Administrative Rules, on the Summary Page dated November 22, 2010, were adopted on November 22, 2010, following public hearings held on Kauai on October 12, 2010; on Oahu on October 13, 2010; on Maui on October 14, 2010; and on Hawaii on October 15, 2010; and after public notice was given in the Honolulu Star Advertiser on September 10, 17, & 24, 2010 and on October 1, 2010, Hawaii Tribune Herald on October 1 & 8, 2010, and Maui News and Kauai News on September 27, 2010 and on October 6, 2010. The repeal of chapter 13-190 and the adoption of chapter 13-190.1, Hawaii Administrative Rules, shall take effect ten days after filing with the Office of the Lieutenant Governor. WILLIAM J. AILA, JR., Chairperson Board of Land and Natural Resources APPROVED AS TO FORM: Deputy Attorney General Dated: 12/5/11 12 FEB 9 APPROVED: NEIL ABERCROMBIE, Governor State of Hawaii 2-8-12 Date Date Filed 2987  18:5