Okla. Admin. Code § 252:606-3-4

Current through Vol. 41, No. 19, June 17, 2024

Section 252:606-3-4 - Fees

(a)General. Application fees are non-refundable and are due when an application is filed with DEQ.

(b)Individual discharge permit fees. The fees for individual discharge permits are as follows:

(1)Application fees. The application fee for:

(A) a new or amended individual discharge permit is $500.

(B) renewal under an existing individual discharge permit is $500.

(2)Annual fees. All holders of individual discharge permits shall pay an annual permit fee over the life of the permit. Payments for annual fees are due upon receipt of an invoice mailed from DEQ. Failure to pay an annual fee may result in suspension or termination of the permit. The formulas used to calculate the annual fees are in Appendices B and C.

(c)Individual permit fees for industrial users. The fees for individual industrial user permits are as follows:

(1)Application fees. The application fee for:

(A) a new or amended individual industrial user permit is $500.

(B) renewal under an existing individual industrial user permit is $500.

(2)Annual fees. All holders of individual industrial user permits shall pay an annual permit fee over the life of the permit. Payments for annual fees are due upon receipt of an invoice from DEQ. Failure to pay an annual fee may result in suspension or termination of the permit. The formula used to calculate the annual fee is in Appendix E.

(d)Stormwater and other general discharge permit fees.

(1)Application fees. The application fee for any new or renewal request for coverage under a stormwater or other general discharge permit is $100.

(2)Annual fees. All holders of an authorization to discharge pursuant to a stormwater or other general discharge permit shall pay the applicable annual fee over the life of the permit as follows:

(A) MS4 stormwater permits - $710.

(B) authorizations under a stormwater general permit - $330.

(C) authorizations under a general permit for all other discharges:

(i) for the first outfall - $480; and

(ii) for each additional outfall - $100.

(3)Payments of annual fees for authorizations to discharge under the general construction stormwater discharge permit. The annual fee for authorizations to discharge under the general construction stormwater permit is due at the time of the initial application and every 12 months after the effective date of the authorization until the authorization is terminated. The annual fee shall be applied to the 12-month period following the issuance of the authorization or following the due date of the annual fee.

(4)Failure to pay annual fee. Failure to pay the required annual fee may result in suspension or termination of the authorization.

(e)CPI fee increase. To assist in meeting rising costs to the Department for the permitting and enforcement activities covered by this Chapter, the fees set out in (b) and (c) of this Section shall be automatically adjusted on July 1 ^st every year to correspond to the percentage, if any, by which the Consumer Price Index (CPI) for the most recent calendar year exceeds the CPI for the previous calendar year. The Department may round the adjusted fees up to the nearest dollar. The Department may waive collection of an automatic increase in a given year if it determines other revenues, including appropriated state general revenue funds, have increased sufficiently to make the funds generated by the automatic adjustment unnecessary in that year. A waiver does not affect future automatic adjustments.

(1) Any automatic fee adjustment under this subsection may be averted or eliminated, or the adjustment percentage may be modified, by rule promulgated pursuant to the Oklahoma Administrative Procedures Act. The rulemaking process may be initiated in any manner provided by law, including a petition for rulemaking pursuant to 75 O.S. ' 305 and OAC 252:4-5-3 by any person affected by the automatic fee adjustment.

(2) If the United States Department of Labor ceases to publish the CPI or revises the methodology or base years, no further automatic fee adjustments shall occur until a new automatic fee adjustment rule is promulgated pursuant to the Oklahoma Administrative Procedures Act.

(3) For purposes of this subsection, "Consumer Price Index" or "CPI" means the Consumer Price Index - All Urban Consumers (U.S. All Items, Current Series, 1982-1984=100, CUUR0000SA0) published by the United States Department of Labor. The CPI for a calendar year is the figure denoted by the Department of Labor as the "Annual" index figure for that calendar year.

(f) Fees not received within 30 days after the due date will be subject to an additional fee of ten percent (10%) of the fee set forth in the statement.

(g) If the fees have not been received by the Department within 60 days after the due date set forth in the invoice, the authorization to discharge under the permit will be subject to revocation after notice and opportunity for hearing.

(h) State appropriations and federal grants will be used to offset the annual fee where possible.

(i) The fees shall only be raised in the manner stated in paragraph (e) above, unless a workload and budget analysis is completed, which demonstrates that an additional increase in fees is warranted.

Okla. Admin. Code § 252:606-3-4

Added at 21 Ok Reg 1584, eff 6-11-04; Amended at 28 Ok Reg 1231, eff 7-1-11

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014