(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.
Attached Graphic |
Source Note: The provisions of this §335.324 adopted to be effective October 31, 1985, 10 TexReg 4085; amended to be effective July 3, 1986, 11 TexReg 2894; amended to be effective September 1, 1986, 11 TexReg 3697; amended to be effective January 5, 1988, 12 TexReg 4844; amended to be effective March 19, 1992, 17 TexReg 1737; amended to be effective December 22, 1999, 24 TexReg 11514 |