Okla. Admin. Code § 252:628-1-4

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

Section 252:628-1-4 - Fees

(a)Fee payment. Permits will not be issued until all fees are paid, and the permittee is current with DEQ requirements.

(b)Construction permit application fees. All IPR SWTP construction permit applications shall be charged an application fee. Fees for IPR SWTP construction are based on the design flow of the wastewater treatment plant, including the IPR SWTP. The fees are as follows:

(1) New facilities and major modifications that alter the original design or the design capacity: $18,160.00; and

(2) Minor modifications that will not alter the design capacity of the facility such as flow measurement, discharge structures, and equalization basins: $2,724.00.

(c)OPDES permit application fees. The IPR OPDES permit application fee shall be charged in addition to the OPDES permit application fee calculated in accordance with OAC 252:606-3-4. The fee is as follows: $2,000.00.

(d)Annual operational fees. The IPR annual operational fees shall be charged in addition to the annual fees described in OAC 252:606-3-4.

(1)IPR annual operational fees. Each IPR SWTP shall be charged an annual fee (see 27A O.S. Section 2-3-402). The annual operational fee for each IPR SWTP shall be $21,600.00.

(2)Due date. Each IPR SWTP shall submit payment of the fees within thirty (30) days of receipt of invoices mailed by DEQ.

(3)Fee calculation. The IPR SWTP annual operational fee shall be calculated using the actual costs of services as follows:

(A) Annual costs for inspections will equal $2,400.00 for each IPR SWTP; and

(B) Annual state costs for regulatory services, tracking, monitoring, data review, evaluating trends, reporting, enforcement, and technical assistance will equal $19,200.00 for each IPR SWTP.

(4)Fee notification. Each IPR SWTP will be notified by mail of the fee due from that system by August 1st of each year. DEQ shall mail such notice to the most recent name and address provided to DEQ by the IPR SWTP; however, failure to receive such notice by the IPR SWTP shall not operate to waive any fees due to DEQ.

(e)Consumer Price Index fee increase. To assist in meeting rising costs to DEQ the fees set out in this Section shall be automatically adjusted on July 1st every year to correspond to the percentage, if any, by which the CPI for the most recent calendar year exceeds the CPI for the previous calendar year. DEQ may round the adjusted fees up to the nearest dollar. DEQ 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 rulemak-ing process may be initiated in any manner provided by law, including a petition for rule making pursuant to 75 O.S. Section 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)Other fee increases. The fees listed in this Subchap-ter shall only be raised in the manner stated in subsection (e) above, unless a workload and budget analysis is completed which demonstrates that an additional increase in fees is warranted.

Okla. Admin. Code § 252:628-1-4

Adopted by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/15/2018