(a) Payment. Payment of fees required by this subchapter
must be paid by check, certified check, electronic funds transfer,
or money order made payable to the Texas Commission on Environmental
Quality (TCEQ), and sent to the TCEQ address printed on the billing
statement.
(b) When Failure to Attain Fee begins. The first payment
of the fee is due and is calculated using the actual emissions from
the emissions inventory for the calendar year preceding the adoption
date of this section.
(c) First payment date for sources that were not major
on the attainment date. The first payment of the fee is due and is
calculated using the actual emissions from the emissions inventory
for the later of:
(1) the first calendar year the source becomes a major
source; or
(2) the calendar year preceding the adoption date of
this section.
(d) Nonpayment of fees. Each emissions fee payment
must be paid at the time and in the manner and amount provided by
this subsection. Failure to pay the full emissions fee by the due
date will result in enforcement action under Texas Water Code (TWC), §7.178.
The provisions of TWC, §7.178, as first adopted and amended thereafter,
are and will remain in effect for purposes of any unpaid fee assessments,
and the fees assessed in accordance with such provisions as adopted
or as amended remain a continuing obligation.
(e) Late payments. The agency will impose interest
and penalties on owners or operators of Section 185 Accounts who fail
to make payment of emissions fees when due in accordance with Chapter
12 of this title (relating to Payment of Fees).
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