SECTION 252:621-3-3. Annual fees for non-industrial discharging and public water supply lagoons

(a)   Beginning July 1, 2008, the annual fee shall be in accordance with the following:

(1)   Population Range 0-100 - $261.00

(2)   Population Range 101-500 - $292.00

(3)   Population Range 501-1,000 - $509.00

(4)   Population Range 1,001 - 5,000 - $881.00

(5)   Population Range 5,001+ - $1,005.00

(b)   Fees are due upon receipt of an invoice mailed by the DEQ annually. Upon payment of the annual fee, the permit shall continue in effect for one year but in no case past its expiration. Failure to pay the fee may result in the suspension or termination of the permit.

(c)   To assist in meeting rising costs to the Department for implementing the non-industrial discharging and public water supply lagoons program, the fees set out in (a) 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.

[Source: Added at 18 Ok Reg 1576, eff 6-1-01; Amended at 25 Ok Reg 2292, eff 7-11-08; Amended at 28 Ok Reg 1267, eff 7-1-11]