Okla. Admin. Code § 252:656-3-9

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

Section 252:656-3-9 - Fees

(a) Permits will not be issued until all fees are paid unless a monthly billing agreement with the DEQ and the permittee is current.

(b) Fees for treatment works construction are based on design flow and are as follows:

(1) New facilities and major modifications that alter the original design or the design capacity:

(A) 1.0 MGD and greater $5,440.00

(B) 0.50 MGD - 0.99 MGD $4,080.00

(C) 0.10 MGD - 0.49 MGD $2,720.00

(D) 0.01 MGD - 0.09 MGD $1,360.00

(E) less than 0.01 MGD $680.00

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

(A) 1.0 MGD and greater $1,360.00

(B) 0.50 MGD - 0.99 MGD $1,090.00

(C) 0.10 MGD - 0.49 MGD $814.00

(D) 0.01 MGD - 0.09 MGD $540.00

(E) less than 0.01 MGD $270.00

(c) Collection system and reclaimed water distribution system improvement fees are:

(1) Line extensions (rounded to the nearest one hundred feet (100'): $150.00 for the initial one to five hundred feet (1-500') plus $28.50 for each additional one hundred feet (100').

(2) Lift stations:$140.00 per 100 GPM for the peak capacity rating rounded to the nearest 100 GPM.

(3) Municipalities that are exempted from obtaining construction permits under OAC 252:656-3-3 shall submit payment to DEQ for twenty percent (20%) of the total fee calculated in this Subsection. This fee may be paid upon submission of plans, or on a monthly or quarterly basis.

(d) To assist in meeting rising costs to the Department for the non-industrial wastewater systems program and water reuse systems program, the fees set out in paragraphs (b) and (c) above 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 must 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.

(e) Emergency grant projects are exempt from construction permit fees (wastewater systems funded in part or in whole by grant monies made available through the Oklahoma Water Resources Board as authorized by Title 82, § 1085.39 ).

(f) REAP (Rural Economic Assistance Program) Grant Projects are exempt from permit fees.

(g) The maximum fee for any one application will not exceed $5,825.00. Any person or entity that constructs or modifies a wastewater collection system or treatment works subject to these rules, prior to the issuance of a permit, is subject to the doubling of all fees required by this chapter, as deemed necessary to offset additional administrative costs of such reviews. Further, the submission of appropriate fees and/or the issuance of a permit does not preclude any person or entity from further enforcement and/or fines as set out by State statutes and rules, for constructing or modifying a wastewater collection system or treatment works prior to the issuance of all appropriate permits as required by this chapter.

Okla. Admin. Code § 252:656-3-9

Added at 17 Ok Reg 1140, eff 6-1-00; Amended at 18 Ok Reg 2019, eff 6-11-01; Amended at 23 Ok Reg 937, eff 6-15-06; Amended at 25 Ok Reg 2374, eff 7-11-08; Amended at 28 Ok Reg 1282, eff 7-1-11; Amended at 29 Ok Reg 1061, eff 7-1-12