Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 60.1 - AIR POLLUTION CONTROL
Subchapter 6 - FEES FOR COVERED SOURCES, NONCOVERED SOURCES, AND AGRICULTURAL BURNING
Section 11-60.1-119 - Annual fees for noncovered sources
Current through February, 2024
(a) Except as specified in section 11-60.1-117 (e), an annual fee shall be paid in full within the first sixty days of each calendar year and a closure fee shall be paid within thirty days after the permanent discontinuance of the noncovered source.
(b) The director, at the director's sole discretion, or upon written request from the owner or operator of a noncovered source, may extend the annual fee submittal deadline if the director determines that reasonable justification exists for the extension. The owner or operator's written request for an extension shall be submitted at least fifteen days prior to the required submission due date, unless the director with reasonable justification approves a lesser period, and shall include the following information:
If the director disapproves an extension for submitting the annual fee, the owner or operator shall pay the required annual fee within thirty days of receipt of the disapproval notice or by the original submittal deadline, whichever is later. If the director approves an extension for submitting the annual fee, the owner or operator shall pay the required annual fee by the extended approved date.
(c) An annual fee, due within the first sixty days of each calendar year, shall be imposed on an owner or operator who has a valid noncovered source permit or permit to operate during the prior calendar year.
(d) A closure fee due within thirty days after permanent discontinuance of the noncovered source shall be based upon the months the noncovered source permit or permit to operate was valid during the year of permanent discontinuance. Any fraction of a month shall be deemed a full month.
(e) An annual fee due within sixty days of a particular calendar year shall be referred to as the annual fee for that particular year. For example, the 2001 annual fee shall be due within the first sixty days of calendar year 2001 and shall be imposed on an owner or operator of a noncovered source having a valid noncovered source permit or permit to operate in 2000.
(f) The owner or operator of a noncovered source shall be assessed an annual fee of $500 for each valid permit to operate (issued pursuant to repealed chapter 11-60) or each noncovered source permit held during the prior calendar year, or $42 per month for any fraction of the year the permit to operate or noncovered source permit is valid.
(g) If any part of the annual fee is not paid within thirty days after the due date, a late payment penalty of five percent of the amount due shall at once accrue and be added thereto. Thereafter, on the first day of each calendar month during which any part of the annual fee or any prior accrued late payment penalty remains unpaid, an additional late payment penalty of five percent of the then unpaid balance shall accrue and be added thereto.
(h) If any annual fee, including the late payment penalty required by this chapter, is not paid in full within thirty days after the due date, the director may terminate or suspend any or all of the owner or operator's noncovered source permits, after affording the opportunity for a hearing in accordance with chapters 91 and 342B, HRS.
