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 335.324 - Facility Fee Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) An annual
				  facility fee is hereby assessed on each permittee who holds one or more Class 1
				  industrial solid waste or hazardous waste permits and each facility operating a
				  Class 1 industrial solid waste or hazardous waste management unit subject to
				  permit authorization. These fees shall be deposited in the hazardous and solid
				  waste fees fund. The fee for each year is assessed on each facility for which a
				  permit or the requirement to comply with permit authorization is in effect
				  during any part of the fiscal year. For wholly unbuilt permitted facilities,
				  the annual fee shall be assessed according to subsection (d) of this section. A
				  wholly unbuilt facility means a permitted Class 1 industrial solid waste or
				  hazardous waste facility that has not initiated any physical construction and
				  does not mean unbuilt storage, processing or disposal units within an existing
				  facility. Physical construction means excavation, movement of earth, erection
				  of forms or structures, or similar activity to prepare a facility to accept
				  industrial solid waste or hazardous waste.
(b) An applicant who has, prior to September
				  1, submitted an affidavit of exclusion from permit requirements, shall not be
				  subject to the annual facility fee, pending a decision by the commission on the
				  affidavit of exclusion. If the commission determines that the facility is
				  subject to the permit requirement, the applicant shall pay the fee within 30
				  days or is subject to the penalties for late payment established under §
										335.331
				  of this title (relating to Failure to Make Payment or Report).
(c) An applicant who files an affidavit after
				  September 1 shall be subject to the annual facility fee for the billing year in
				  which the affidavit is filed. The applicant shall not be subject to the annual
				  facility fee for the following year, pending a decision by the commission on
				  the affidavit of exclusion. If the commission determines that the facility is
				  subject to the permit requirement, the applicant shall pay the fee within 30
				  days or is subject to the penalties for late payment established
				  herein.
(d) The annual facility fee
				  assessed is the cumulative total of fees for all Class 1 industrial solid waste
				  or hazardous waste management units at the facility which are authorized by
				  permit or subject to authorization on September 1, 1991, and September 1 of
				  each year thereafter. The minimum fee for each hazardous waste facility shall
				  be $2,500. The maximum fee for each hazardous waste facility shall be $25,000.
				  The minimum fee for each facility authorized to manage only nonhazardous waste
				  shall be $500 and the maximum fee $5,000. The annual fee for wholly unbuilt
				  Class 1 industrial solid waste facilities shall be $500 and the annual fee for
				  wholly unbuilt hazardous waste facilities shall be $2,500. A permittee shall be
				  responsible for facility fees as required by subsection (i) of this section
				  when any physical construction is initiated. This rule shall apply
				  retroactively to all facility fees for wholly unbuilt Class 1 industrial solid
				  waste facilities or wholly unbuilt hazardous waste facilities due during the
				  four years preceding the effective date of this rule.
(e) A fee under this section for storage or
				  processing in tanks or containers will not be assessed against the owner or
				  operator of an elementary neutralization unit or wastewater treatment unit
				  exempt from the requirement of a permit under §
										335.41(d)
				  of this title (relating to Purpose, Scope, and Applicability).
(f) An "other unit," for the purposes of
				  subsection (i) of this section, is an incinerator, thermal processing unit, or
				  other processing unit, not otherwise listed in subsection (i) of this section,
				  used for waste reduction, recycling, or hazard reduction and subject to
				  compliance with permit requirements.
(g) For facilities which require post-closure
				  care permits, the fee for a closed unit shall apply. A fee is assessed for each
				  unit which received waste after January 26, 1983, and which has been closed
				  pursuant to an approved closure plan and which is subject to the post-closure
				  care permit requirements. Disposal units which are closed in a manner such that
				  all hazardous wastes and hazardous constituents are removed pursuant to an
				  approved closure plan are not subject to the fee.
(h) The facility fee assessment in subsection
				  (i)(2)-(5) of this section shall be based on the surface area of the waste
				  management unit in which the storage, treatment or disposal of waste has been
				  authorized.
(i) Facility fees shall
				  be assessed according to the following schedule.
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