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 335.325 - Industrial Solid Waste Generation, Facility and Disposal Fee System

Current through Reg. 49, No. 28; July 12, 2024
(a) A fee is hereby
				  assessed on each owner or operator of a waste storage, processing, or disposal
				  facility, except as provided in subsections (b) - (e) of this section. A fee is
				  assessed for hazardous wastes which are stored, processed, disposed, or
				  otherwise managed and for Class 1 industrial wastes which are disposed at a
				  commercial facility. For the purpose of this section, the storage, processing,
				  or disposal of hazardous waste 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) is not subject to
				  a hazardous waste management fee.
(b) A fee imposed on the owner or operator of
				  a commercial hazardous waste storage, processing, or disposal facility for
				  hazardous wastes which are generated in this state and received from an
				  affiliate or wholly owned subsidiary of the commercial facility, or from a
				  captured facility, shall be the same fee imposed on a noncommercial facility.
				  For the purpose of this section, an affiliate of a commercial hazardous waste
				  facility must have a controlling interest in common with that
				  facility.
(c) The storage,
				  processing, or disposal of industrial solid waste or hazardous wastes generated
				  in a removal or remedial action accomplished through the expenditure of public
				  funds from the hazardous and solid waste remediation fee fund shall be exempt
				  from the assessment of a waste management fee under this section.
(d) A fee shall not be imposed on the owner
				  or operator of a waste storage, processing, or disposal facility for the
				  storage of hazardous wastes if such wastes are stored within the time periods
				  allowed by and in accordance with the provisions of §
										335.69 of this
				  title (relating to Accumulation Time).
(e) A fee may not be imposed under this
				  section on the operation of a facility permitted under the Texas Water Code,
				  Chapter 26, or the federal National Pollutant Discharge Elimination System
				  program for wastes treated, processed, or disposed of in a wastewater treatment
				  system that discharges into surface waters of the state. For the purpose of
				  this section, the management of a hazardous waste in a surface impoundment
				  which is not exempt from assessment under this subsection will be assessed the
				  fee for processing under subsection (j) of this section.
(f) The waste management fee authorized under
				  this section shall be based on the total weight or volume of a waste except for
				  wastes which are disposed of in an underground injection well, in which case
				  the fee shall be based on the dry weight of the waste, measured in dry weight
				  tons (dwt), as defined in §
										335.322 of
				  this title (relating to Definitions) and §
										335.326
				  of this title (relating to Dry Weight Determination).
(g) The hazardous waste management fee for
				  wastes generated in this state shall not exceed $40 per ton for wastes which
				  are landfilled.
(h) The operator of
				  a waste storage, processing, or disposal facility receiving industrial solid
				  waste or hazardous waste from out-of-state generators shall be assessed the fee
				  amount required on wastes generated in state plus an additional increment to be
				  established by rule, except as provided in subsection (k) of this
				  section.
(i) For the purposes of
				  subsection (j) of this section, energy recovery means the burning or
				  incineration of a hazardous waste fuel and fuel processing means the handling
				  of a waste fuel, including storage and blending, prior to its disposal by
				  burning.
(j) Except as provided in
				  subsections (k) - (q) of this section, waste management fees shall be assessed
				  up to the maximum fee according to the schedules in the tables in Figure: 30
				  TAC § 335.325(j)(1) and (2) in this subsection.
(1) Table 1: Hazardous Waste Schedule.
Attached
					 Graphic
(2) Table
				  2: Class 1 Nonhazardous Waste Schedule.
Attached
					 Graphic
(3) The
				  executive director may adjust fees at or below the fee specified in the fee
				  schedule, on an annual basis, and will notify fee payers of the upcoming fee
				  rate before the rates go into effect.