Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 611 - General Water Quality › Subchapter 3 - Certifications › Section 252:611-3-2 - Requirements for certification

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				application for a water quality certification shall be made in writing pursuant
				to the requirements of the Uniform Permitting Act and shall clearly state that
				the applicant is requesting a 401 water quality certification and include:
(1) one copy of the application for the
				corresponding federal permit, or license for federal authorization of
				activities;
(2) one copy of any
				draft federal permit, license, or authorization, if available;
(3) copies of any relevant maps, drawings,
				studies, environmental impact assessments, plans, information relating to
				endangered, rare or threatened species including Finding of No Significant
				Impact (FONSI) or exemption, and other appropriate documents;
(4) a legal description of the project
				location;
(5) a description of all
				surface water, groundwater, or natural resources potentially affected by the
				proposed activities;
(6) one copy
				of any mitigation plan, when mitigation is required by a federal entity;
				and
(7) a one-hundred dollar
				($100.00) non-refundable application fee. To assist in meeting rising costs to
				the Department for the issuance of 401 water quality certifications, the
				application fee amount 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 fee 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.
(A) 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.
(B) 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.
(C) 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.