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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 252. Department of Environmental Quality |
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Chapter 631. Public Water Supply Operation |
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Subchapter 3. Operations |
SECTION 252:631-3-21. Public water supply annual service fees
Latest version.
- (b) The PWS annual fee shall be calculated using the actual costs of services as follows:(1) Laboratory analysis fees, for parameters analyzed by the State Environmental Laboratory, shall be charged as specified in OAC 252:305, "Laboratory Services";(2) Inspection service costs equal $50.00 for purchase systems, $100.00 for ground systems or $200.00 for surface systems and groundwater under the direct influence of surface water systems; and(3) Federal program requirement costs for tracking, reporting, and enforcement and technical assistance costs (applicable to community systems and non-transient non-community systems) equal $370.00 for purchase systems, $1,600.00 for ground systems or $6,800.00 for surface systems and groundwater under the direct influence of surface water systems.(c) Each system shall be charged the actual cost for regulatory services as calculated according to OAC 252:631-3-21(b), except that:(1) no system shall pay less than a minimum annual fee of $50 for purchase water systems, $75 for ground water systems and $150 for surface water system or less than four cents ($0.04) per service connection per month, whichever is greater, and(2) no system shall pay an annual fee increase of more than thirty cents ($0.30) per service connection per month.(d) The minimum annual fees listed in OAC 252:631-3-21(c) do not apply to state, federal, tribal, and non-transient non-community systems. These systems shall pay the actual costs of services.(e) Each system will be notified by mail of the fee due from that system by August 1 of each year. The DEQ shall mail such notice to the most recent name and address provided to the DEQ by the PWS system, however, failure to receive such notice by the system shall not operate to waive any fees due to the DEQ.(f) To assist in meeting rising costs to the Department of the public water supply program associated with implementation and enforcement of the federal primary drinking water standards, the fees set out in paragraph (b) above 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 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.