Okla. Admin. Code § 165:5-3-1
Current through Vol. 42, No. 7, December 16, 2024
Section 165:5-3-1 - Fees, fines and bonds(a)General.(1)Exceptions to filing fees. For each initial application in each category listed in (b) of this Section, a filing fee shall be paid by the person seeking to file or submit the document, unless the document is filed under authorization of and in the name of an instrumentality of the State of Oklahoma. (A) Filing fees shall not apply to any subsequent pleading or amended application except a Form 1000 required in OAC 165:10-3-1(b)(1)(A) through (E) and OAC 165:10-3-1(c).(B) No filing fee shall be required for any application filed pursuant to OAC 165:10-3-31, Use of vacuum at the well head.(C) No filing fee applicable to the conservation docket shall be required for any Notice of Intent to Mediate filed with the Commission pursuant to OAC 165:5- 23-1 et seq. A per participant fee provided in OAC 165:5-3-1(b)(1)(L) shall be charged for any informal dispute resolution procedure that commences.(D) No filing fee shall be paid by a party filing a protest to an adverse action of the Commission pursuant to the International Fuel Tax Agreement ("IFTA") or the International Registration Plan ("IRP").(E) No filing fee shall be paid by a customer filing a Consumer Services docket application against a public utility.(F) No filing fee shall be required for any application filed on the Oklahoma Universal Service Fund ("OSF") docket.(G) No filing fee shall be paid by a party filing a protest to a nonconsensual towing Violation Notification issued by the Transportation Division.(H) No filing fee shall be paid by a small business requesting the Commission to review its rules to determine whether or not the rules in question should be amended, repealed, or redrafted, pursuant to 75 O.S. § 250.10.(2)Filing fees. Any filing fee assessed by this Section shall be due and paid at the time of filing of the document. Neither the Court Clerk's Office nor any division of the Commission shall accept an application subject to a filing fee until the required fee is paid. No filing fee shall be refundable. For documents that are being filed in paper form, all associated filing fees must be paid and the documents submitted to the Court Clerk's Office for filing prior to 3:30 p.m. to allow for document processing within established hours of operation.(3)Other fees. Any other fee assessed by this Section shall be due and payable at the time the service is requested. No service shall be rendered before payment of the prescribed fee. No such other fee shall be refundable.(4)Negotiable instruments. Fees paid by negotiable instruments shall be made payable to the "Oklahoma Corporation Commission." Negotiable instruments include personal checks, cashier checks, certified checks, and money orders. Foreign checks must be payable through a United States bank in United States funds.(5)Returned payments. In accordance with 62 O.S. § 34.57, a fee shall be assessed on each payment, either physical or electronic, returned to the Commission as a result of the refusal of the bank upon which the payment was drawn to honor the same. In the event that a payment transaction for any fee, fine or bond fails, the Commission reserves the right to require payment of that fee, fine or bond, and any future fee, fine or bond owed to the Commission by the same individual or entity, to be made by cash, cashier check, certified check, money order or another secured form of payment.(b)Schedule of filing fees.(1)Oil and gas fees.(A) Commercial disposal well application - $1,500.00(B) Commercial earthen pit application - $1,250.00(C) Commercial soil farming site application - $1,250.00(D) Commercial recycling facility application - $1,000.00(E) Noncommercial injection or disposal well application - Form 1015 - $250.00(F) Commercial facilities annual fee due on October 1 of each year:(i) Commercial earthen pit facility - $750.00(ii) Commercial soil farming facility - $750.00(iii) Commercial recycling facility - $750.00(G) Conservation docket, pollution docket, and gas gathering base applications - $200.00(H) Emergency application on the conservation or pollution docket - $250.00(I) Permit to drill - Form 1000: (i) Directional well - $350.00(ii) Horizontal well - $400.00(iii) Multiunit well - $600.00(iv) Vertical well - $350.00(J) Expedited permit to drill - Form 1000:(i) Directional well - $600.00(ii) Horizontal well - $600.00(iii) Multiunit well - $800.00(iv) Vertical well - $600.00(K) Temporary permit to drill - Form 1000:(i) Directional well - $350.00(ii) Horizontal well - $350.00(iii) Multiunit well - $350.00(iv) Vertical well - $350.00(L) Notice of Intent to Mediate pursuant to Chapter 23 of this Chapter - $5.00 per participant(M) Permit for one-time land application of materials - Form 1014S - $150.00(N) Expedited permit for one-time land application of materials - Form 1014S - $250.00(O) Tax exemption application filed pursuant to OAC 165:10-21 - $100.00(P) Transfers of well operatorship - Forms 1073 and 1073I - single well - $25.00(Q) Transfers of well operatorship - Forms 1073IMW and 1073MW - multiple wells -$250.00(R) Notification of intent to plug - Form 1001 - $100.00(S) Operator agreement-annual fee-Form 1006B-based on the number of unplugged wells for which the operator is responsible according to Commission records: (i) No wells being operated - $100.00(ii) From 1-25 wells - $250.00(iii) From 26-100 wells - $500.00(iv) From 101-500 wells - $750.00(v) Over 500 wells - $1,000.00(T) Fluid disposal/injection reports:(i) Commercial disposal well fluid disposal report-Form 1012C-semiannual per well-$500.00(ii) Noncommercial disposal and injection well and LPG storage well report-Form 1012-annual per well-$25.00(iii) Noncommercial disposal and injection well and LPG storage well report-Form 1012-more than 100 wells-annual fee-$2,500.00(U) Permit to use earthen pit, noncommercial disposal or enhanced recovery well pit for temporary storage of saltwater, and pit associated with commercial disposal well surface facility-Form 1014: (i) Capacity of pit less than or equal to 10,000 barrels-$250.00(ii) Capacity of pit greater than 10,000 barrels-$1,000.00(V) Permit for seismic operations-Form 1000S-$100.00(W) Application for temporary exemption from well plugging-Form 1003A-$100.00(X) Permit to vent or flare gas from well-Form 1022-$50.00(Y) Application for multiple zone well completion, production of well through a multiple choke assembly, and commingling of well production-Form 1023-$50.00 (2)Transportation fees.(A) Transportation docket application - $500.00(B) Other transportation fees: (i) Intrastate license. (I) Original application filing fee - $100.00(II) Sub application filing fee - $100.00(III) Renewal application filing fee - $50.00(IV) Reinstatement application filing fee - $100.00(V) Name change application filing fee - $50.00(VI) Identification device or per vehicle fee - $7.00(ii) Deleterious Substance License Permit application filing fee - $350.00(iii) International Fuel Tax Agreement (IFTA) fees.(I) IFTA decal - $2.00 per vehicle per decal set(II) IFTA reinstatement fee - $100.00(III) IFTA manual application processing fee for fleet size over 25 vehicles - $100.00 per application. No fee is applicable if filed electronically.(iv) Trailer registration processing fee per trailer registered through the IRP System - $2.00(v) Temporary registration and fuel permit fees (a $10.00 services fee is added to each permit in this unit): (I) Temporary registration (72 hour trip permit) - $12.00(II) Temporary fuel permit (120 hours) - $25.00(III) Unladen or hunters permit (45 days) - $25.00(vi) Harvest permit fees (power units only).(I) Thirty day permit - $20.00 per axle(II) Sixty day permit - $35.00 per axle(III) 15 day extension - $8.75 per axle(vii) Transportation Network Company annual permit fee - $5,000.00(viii) Household goods certificate fees:(I) Original application filing fee - $350.00(II) Sub application filing fee - $300.00(III) Renewal application filing fee - $300.00(IV) Reinstatement application filing fee - $250.00(V) Name change application filing fee - $50.00(VI) Identification device or per vehicle fee - $7.00(ix) Apportioned commercial motor vehicle registration services fee - $100.00 per vehicle (apportioned)(x) Apportioned commercial motor vehicle registration application reprocessing fee -$100.00 per application(xi) Apportioned commercial motor vehicle registration manual processing fee for fleet sizes over 25 vehicles - $25.00 per vehicle. No fee is applicable if filed electronically.(xii) Application for lawful fence - $500.00. If the Transportation Division determines a lawful fence is required to be constructed by the railroad, the railroad shall have sixty (60) days from the date of notice to refund the application filing fee to the landowner(3)Utility fee. Public utility docket application - $100.00(4)Enforcement fee. Enforcement docket application - $100.00(5)Petroleum storage tank fees.(A)Application fee. The fee to file an application on the Petroleum Storage Tank/Indemnity Fund docket is $100.00, unless the document is filed under authorization of and in the name of an instrumentality of the State of Oklahoma. Filing fees shall not apply to any subsequent pleading or amended application.(B)Variance review fee. The fee for administrative review of a Petroleum Storage Tank Division variance application is $250.00.(C)Annual storage tank permit fee. Owners of regulated petroleum storage tanks, whether in use or not, are required to pay an annual permit fee as follows: (i) For petroleum storage tanks - $25.00 per tank or tank compartment.(ii) For noncommercial agricultural underground storage tanks containing petroleum products - $10.00 per tank.(iii) For any tank installed or permanently closed during a calendar year, the full yearly fee shall be assessed.(iv) Invoices will be mailed out approximately 60 days in advance of the due date as noted on the invoice.(v) If invoices are unpaid after the due date, a second invoice is mailed out which includes a failure to pay penalty, as found in 17 O.S. § 308.1, and provides 30 days to pay the invoice balance.(vi) If the invoice balance is unpaid after the 30 days, a letter is mailed to the Owner with the outstanding fees and informing the Owner that the permit is expired.(vii) If the invoice balance remains unpaid, a Fuel Specialist may shut down the regulated petroleum storage tank.(D)UST Installer License. The fees for an Underground Storage Tank Installer License are: (i) Application fee - $50.00(ii) License fee - $100.00(iii) Annual License renewal fee - $100.00(E)Environmental Consultant License. The fees for an Environmental Consultant License are:(i) Application fee - $50.00(ii) License fee - $100.00(iii) Annual License renewal fee - $100.00(F)UST Remover License. The fees for an Underground Storage Tank Remover License are: (i) Application fee - $50.00(ii) License fee - $100.00(iii) Annual License renewal fee - $100.00(G)AST Installer License. The fees for an Aboveground Storage Tank Installer License are:(i) Application fee - $50.00(ii) License fee - $100.00(iii) Annual License renewal fee - $100.00(H)AST Remover License. The fees for an Aboveground Storage Tank Remover License are: (i) Application fee - $50.00(ii) License fee - $100.00(iii) Annual license renewal fee - $100.00(I)Vapor Monitor Well Technician License. The fees for a Vapor Monitor Well Technician License are:(i) Application fee - $50.00(ii) Examination fee- $25.00(iii) License fee - $100.00(iv) Annual License renewal fee - $100.00(J)Groundwater Monitor Well Technician License. The fees for a Groundwater Monitor Well Technician License are: (i) Application fee - $50.00(ii) License fee - $100.00(iii) Annual License renewal fee - $100.00(K)OCC Licensed Tester. The fees for an OCC Licensed Tester are: (i) Application fee - $50.00(ii) License fee - $100.00(iii) Annual License renewal fee - $100.00(L)AntifreezePermit. The manufacturer of any antifreeze displayed, distributed, manufactured, marketed, produced, sold, used and/or offered for sale or resale, held with intent to sell, or transported within the State of Oklahoma is required to pay the following fees: (i) Application fee - $100.00 per brand per type(ii) Annual permit renewal fee - $100.00 per brand per type(c)Certified copies. A fee of $1.00 per copied page is charged for each copy of an order or other document on file with the Commission certified by the Secretary, in addition to the fees specified in (d) of this Section.(d)Other fees. The following fees shall be charged and collected at the time of request for same; none of which shall ever be refundable:(1) Certificate of non-development (maximum of one quarter section) - $10.00(2) Copies of any file or order -(A) Non-certified copies - $0.25 per page; certified copies $1.00 per page(B) Postage - actual cost(3) Batch reproduction on continuing basis (per page) - $0.25(4) Copy of any document prepared in OCC offices (per page) - $0.25(5) Current ownership/lienholder information - $1.00 per vehicle record page(6) Computer generated title history - $5.00 per vehicle(7) Manual title history - $7.50 per vehicle(8) Copy of lien release - $7.50 per vehicle(9) Certified copy of lien release - $10.00 per vehicle(10) Certified copy of title history - $10.00 per vehicle(11) Preparation of the record on appeal to the Oklahoma Supreme Court - $200.00(e)Computer data processing documents. Reproduction of documents or informational searches involving computer data processing services will be in accordance with 51 O.S. § 24A.5.(f)Document search fee. Except where provided otherwise by law, where the request for document copying and/or mechanical reproduction is solely for commercial purpose or clearly would cause excessive disruption of the Commission's essential functions, then a fee of $25.00 per hour (minimum of one hour) shall be charged to recover the direct cost of document search.(g)Copy fees waived. Copy fees for non-certified documents listed above, that are less than ten (10) pages will be waived.(h)Electronic payments.(1) "Nationally recognized" credit card means any instrument or device, whether known as a credit card, credit plate, charge plate, debit card, or by any other name, issued with or without fee by an issuer for the use of the cardholder in lieu of a check, as defined by 12A Oklahoma Statute § 3-104(f), in obtaining goods, services or anything else of value or for the use of the cardholder in obtaining such goods, services, or anything else of value on credit and which, in either case, is accepted by over one thousand merchants in this state. The Commission shall determine which nationally recognized credit card will be accepted for any payments due and owing to the Commission.(2) Implementation of payment by nationally recognized credit card and other means of electronic payments will be phased in over a period of time as determined by the Commission.(3) The Commission will verify that sufficient credit is available before acceptance of credit card to ensure that no loss of state revenue will occur by the use of such card. If a person is at a designated receiving point and credit is not available, the person then has the opportunity to pay by other methods accepted by the Commission. (4) The Commission may add an amount equal to the amount of the service charge incurred, not to exceed four percent (4%) of the amount of such payment as a service charge for the acceptance of such nationally recognized card.(5) Persons wishing to pay by credit card must be willing to submit normally required credit card information to the Commission. This includes, but is not limited to: card type (VISA, etc.), card number, card expiration date, card holder name as shown, and three-digit security personal identification number (PIN). The Commission assumes no liability for unauthorized use of this information.(6) "Electronic payment" refers to any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through electronic means, as to order, instruct, or authorize a financial institution to debit or credit an account.(7) "Electronic terminal" means an electronic device, other than a telephone operated by a person, through which a person may initiate an electronic payment.(8) "Financial institution" means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person who, directly or indirectly, holds an account belonging to another person.(9) "State" means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.Okla. Admin. Code § 165:5-3-1
Amended at 9 Ok Reg 2323, eff 6-25-92; Amended at 10 Ok Reg 3559, eff 7-12-93; Amended at 11 Ok Reg 3679, eff 7-11-94; Amended at 12 Ok Reg 1003, eff 1-1-95 (emergency); Amended at 12 Ok Reg 2013, eff 7-1-95; Amended at 13 Ok Reg 2361, eff 7-1-961; Amended at 13 Ok Reg 2367, eff 7-1-961; Amended at 14 Ok Reg 2474, eff 7-1-97; Amended at 15 Ok Reg 2939, eff 3-30-98 (emergency); Amended at 16 Ok Reg 829, eff 1-25-99 (emergency); Amended at 16 Ok Reg 2807, eff 7-15-99; Amended at 17 Ok Reg 596, eff 12-16-99 (emergency); Amended at 17 Ok Reg 1853, eff 7-1-00; Amended at 23 Ok Reg 506, eff 12-19-05 (emergency); Amended at 23 Ok Reg 2225, eff 7-1-06; Amended at 24 Ok Reg 1781, eff 7-1-07; Amended at 25 Ok Reg 2179, eff 7-11-08; Amended at 26 Ok Reg 2493, eff 7-11-09; Amended at 29 Ok Reg 947, eff 7-1-12Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015Amended by Oklahome Register, Volume 33, Issue 23, August 15, 2016, eff. 8/25/2016Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 8/1/2019Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 10/1/2020Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 10/1/2022Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 10/1/2023Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 10/1/20241The agency promulgated two permanent amended versions of this Section (165:5-3-1) with the same effective date in 1996. Both versions were published in the 1996 Edition of the OAC. The agency later reconciled the two versions through permanent rulemaking on 7-1-97.