Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter J - HAZARDOUS WASTE GENERATION, FACILITY AND DISPOSAL FEE SYSTEM › Section 335.323 - Generation Fee Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  annual generation fee is hereby assessed each industrial or hazardous solid
				  waste generator that is required to notify under §
										335.6
				  of this title (relating to Notification Requirements) and which generates Class
				  1 industrial solid waste or hazardous waste or whose act first causes such
				  waste to become subject to regulation under Subchapter B of this chapter
				  (relating to Hazardous Waste Management General Provisions) on or after
				  September 1, 1985. These fees shall be deposited in the hazardous and solid
				  waste fee fund. The amount of a generation fee is determined by the total
				  amount of Class 1 nonhazardous waste or hazardous waste generated during the
				  previous calendar year. The annual generation fee may not be less than $50. The
				  annual generation fee for hazardous waste shall not be more than $50,000 and
				  for nonhazardous waste not more than $10,000.
(b) Wastewaters are exempt from assessment
				  under the following conditions.
(1)
				  Wastewaters containing hazardous wastes which are designated as hazardous
				  solely because they exhibit a hazardous characteristic as defined in 40 Code of
				  Federal Regulations (CFR) Part 261, Subpart C, concerning characteristics of
				  hazardous waste, and are rendered nonhazardous by neutralization or other
				  treatment on-site in totally enclosed treatment facilities or wastewater
				  treatment units for which no permit is required under §
											335.2
				  of this title (relating to Permit Required) or §
											335.41
				  of this title (relating to Purpose, Scope and Applicability) are exempt from
				  the assessment of hazardous waste generation fees.
(2) Wastewaters classified as Class 1
				  industrial solid wastes because they meet the criteria for a Class 1 waste
				  under the provisions of §
											335.505
				  of this title (relating to Class 1 Waste Determination) and are treated on-site
				  in totally enclosed treatment facilities or wastewater treatment units for
				  which no permit is required under §
											335.2
				  of this title or §
											335.41
				  of this title and no longer meet the criteria for a Class 1 waste are exempt
				  from the assessment of waste generation fees.
(3) Wastewaters containing hazardous wastes
				  which are designated as hazardous solely because they exhibit a hazardous
				  characteristic as defined in 40 CFR Part 261 , Subpart C, concerning
				  characteristics of hazardous waste, and are transported via direct hard pipe
				  connection to a publicly-owned treatment works (POTW) and rendered nonhazardous
				  by neutralization or other treatment are exempt from the assessment of
				  hazardous waste generation fees.
(4) Wastewaters classified as Class 1
				  industrial solid wastes because they meet the criteria for a Class 1 waste
				  under the provisions of §
											335.505
				  of this title and are transported via direct hard pipe connection to a POTW for
				  treatment and no longer meet the criteria for a Class 1 waste are exempt from
				  the assessment of waste generation fees.
(5) Wastewaters which are designated as
				  hazardous waste solely under
				  40 CFR §
												261.3(a)(2)(iv) that are
				  generated at terminal operations due to de minimis losses of commercial
				  chemical products and chemical intermediates listed in
				  40
				  CFR §
												261.33 and are treated on-site or
				  off-site at a POTW are exempt from the assessment of hazardous waste generation
				  fees, provided that any discharge to a POTW is via a direct hardpipe
				  connection. For the purposes of this section, de minimis losses shall have the
				  meaning described in
				  40 CFR §
												261.3(a)(2)(iv)(D).
(6) These exemptions or adjustments in fee
				  assessment in no way limit a generator's obligation to report such waste
				  generation or waste management activity under any applicable provision of this
				  chapter.
(7) A wastewater stream
				  treated to meet a different waste classification is subject to only one
				  assessment under this section.