SECTION 252:641-23-4. Fee escalator based on consumer price index (CPI)

  To assist in meeting rising costs to DEQ associated with the on-site sewage program, the fees set out in Subchapter 23 shall be automatically adjusted on July 1, 2013, and every year thereafter on July 1^st, 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. 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 rulemaking process may be initiated in any manner provided by law, including a petition for rulemaking 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.

[Source: Added at 25 Ok Reg 2318, eff 7-11-08; Amended at 37 Ok Reg 1296, eff 9-15-20]