SECTION 252:515-39-4. Annual fees

(a)   Fee schedule.

(1)   Annual fee for minor manufacturer - $1,000.00

(2)   Annual fee for major manufacturer - $5,000.00

(3)   Late fee - $500.00

(b)   Annual Fee Adjustment. To assist in meeting rising costs to the DEQ of the implementation of the program associated with the Act, 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 Consumer Price Index (CPI) for the most recent calendar year exceeds the CPI for the previous calendar year. The DEQ may round the adjusted fees up to the nearest dollar. The 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.

(c)   Payment.

(1)   Annual fees are due and payable by the 1^st day of March of each calendar year. By February 1^st of each year, the DEQ will issue invoices to manufacturers who have previously submitted recovery plans to the DEQ. Fees shall be considered delinquent 30 days after the due date. Within five (5) years but not before a grace period of 120 days from the date, the DEQ may issue an administrative order to recover such fees and may assess a reasonable administrative fine in accordance with the provisions of the Oklahoma Computer Equipment Recovery Act, 27A O.S. §§ 2-11-601 et seq., to a manufacturer who has failed to pay or has underpaid such fees.

(2)   If a manufacturer's fee has been deemed delinquent, the DEQ may assess a late fee prior accepting the annual fee as paid.

(3)   When a fee overpayment has been made as a result of an error, an owner or operator may seek a credit for such fee overpayment within five years from the date on which payment of the fee was received by the DEQ.

[Source: Added at 27 Ok Reg 2155, eff 7-11-10]