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RULE §21.1Purpose and Scope

(a) It is the purpose of this chapter to implement the Water Quality Fee Program.

(b) An annual fee will be assessed against wastewater permit holders authorized to treat or discharge wastewater into or adjacent to the waters in the state under Texas Water Code (TWC), Chapter 26, and against each person holding a right acquired under authority of TWC, Chapter 11, and the rules of the commission to impound, divert, or use state water, except for those exemptions specified in §21.3(c) of this chapter (relating to Fee Assessment). Only one fee is assessed for each permit.

(c) The fees to be assessed under this chapter do not apply to general permits.

(d) The fee shall be in proportion to the level of authorization for use of state water or for the treatment or discharge of wastewater.

(e) All resulting revenue shall be deposited in the Water Resources Management Account for the purpose of supplementing other revenue appropriated by the legislature to pay the expenses of the commission in the following programs:

  (1) Water quality administration, including, but not limited to, inspection of wastewater treatment facilities and enforcement of the provisions of TWC, Chapter 26, the rules and orders of the commission related to wastewater discharges and waste treatment facilities, and the provisions of commission permits governing wastewater discharges and wastewater treatment facilities;

  (2) The Texas Clean Rivers Program, under TWC, §26.0135, which monitors and assesses water quality conditions that support water quality management decisions necessary to maintain and improve the quality of the state's water resources (as defined in TWC, §26.001(5)); and

  (3) Any other water resource management programs reasonably related to the activities of the persons required to pay a fee under TWC, §26.0291.

Source Note: The provisions of this §21.1 adopted to be effective October 6, 2002, 27 TexReg 9356

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