| (a) It is the purpose of this subchapter to establish
an industrial solid waste and hazardous waste fee program. Under this
program the following fees are imposed:
(1) an annual fee on each generator of Class 1 industrial
solid waste or hazardous waste;
(2) an annual fee on each facility which either holds
a Class 1 industrial solid waste or hazardous waste permit or operates
Class 1 industrial solid waste or hazardous waste management units
subject to permit authorization;
(3) a fee on the operator of a commercial solid waste
disposal facility for Class 1 industrial waste which is disposed on
site by the facility;
(4) a fee on the operator of a hazardous waste storage,
processing, or disposal facility for hazardous waste which is managed
on site by the facility; and
(5) a fee on each application for a permit for an industrial
solid waste or hazardous waste facility assessed under §305.53
of this title (relating to Application Fees).
(b) Hazardous and solid waste fees fund.
(1) The hazardous and solid waste fees fund shall be
used for the purpose of regulation of industrial solid waste and hazardous
waste, including payment to other state agencies for services provided
under contract relating to enforcement of the Texas Health and Safety
Code, Chapter 361.
(2) The fund shall consist of:
(A) generation fees assessed under §335.323 of
this title (relating to Generation Fee Assessment);
(B) facility fees assessed under §335.324 of this
title (relating to Facility Fee Assessment);
(C) hazardous waste management fees and Class 1 industrial
waste disposal fees assessed and apportioned under §335.325 of
this title (relating to Industrial Solid Waste and Hazardous Waste
Management Fee Assessment);
(D) application fees assessed under §305.53 of
this title; and
(E) interest penalties for late payment of industrial
solid waste and hazardous waste fees imposed by §335.331 of this
title (relating to Failure to Make Payment or Report).
(c) Hazardous and solid waste remediation fee fund.
(1) The hazardous and solid waste remediation fee fund
shall be used for the purpose of the following:
(A) necessary and appropriate removal and remedial
action at sites at which solid waste or hazardous substances have
been disposed if funds from a liable party, independent third party,
or the federal government are not sufficient for the removal or remedial
action;
(B) necessary and appropriate maintenance of removal
and remedial actions for the expected life of those actions if funds
from a liable party have been collected and deposited in the fund
for that purpose or if funds from a liable party, independent third
party, or the federal government are not sufficient for the maintenance;
(C) expenses related to complying with the federal
Comprehensive Environmental Response, Compensation and Liability Act
of 1980 (42 United States Code §§9601 et seq.) as amended,
the federal Superfund Amendments and Reauthorization Act of 1986 (10
United States Code §§2701 et seq.), and the Texas Health
and Safety Code, Chapter 361, Subchapters F and I;
(D) expenses concerning the regulation and management
of household hazardous substances and the prevention of pollution
of the water resources of the state from the uncontrolled release
of hazardous substances; and
(E) expenses concerning the cleanup or removal of a
spill, release, or potential threat of release of a hazardous substance
where immediate action is appropriate to protect human health and
the environment.
(2) The fund shall consist of:
(A) hazardous waste management fees and Class 1 industrial
waste disposal fees assessed and apportioned under §335.325 of
this title;
(B) interest and penalties imposed under §335.331
of this title (relating to Failure to Make Payment or Report);
(C) money paid by a person liable for facility cleanup
and maintenance under provisions of the Texas Health and Safety Code, §361.197;
(D) interest received from the investment of the fund
in accounts under the charge of the treasurer; and
(E) monies collected on behalf of the commission or
transferred from other agencies under any applicable provisions of
the Texas Health and Safety Code, including §361.138 concerning
fees on lead-acid batteries, or grants from any person made for the
purpose of remediation of facilities under the Texas Health and Safety
Code, Chapter 361.
(d) Waste management fees collected under §335.325
of this title shall be credited to the funds of the state as follows.
(1) One quarter, or 25%, of the waste management fee
collected from a commercial waste storage, processing, or disposal
facility shall be credited to the hazardous and solid waste fees fund
to be distributed to the county in which the facility paying the
fee is located. Funds due the affected county shall be paid by the
commission within 60 days of the receipt and verification of payments
from a commercial hazardous waste facility in the county.
(2) The remaining amount of commercial waste management
fees and the total amount of noncommercial waste fees shall be deposited
as follows.
(A) One half, or 50%, of each amount shall be credited
to the hazardous and solid waste remediation fee fund.
(B) One half, or 50%, of each amount shall be credited
to the hazardous and solid waste fees fund.
|
| Source Note: The provisions of this §335.321 adopted to be effective October 31, 1985, 10 TexReg 4085; amended to be effective July 3, 1986, 11 TexReg 2894; amended to be effective January 5, 1988, 12 TexReg 4844; amended to be effective September 12, 1990, 15 TexReg 4957; amended to be effective March 19, 1992, 17 TexReg 1737; amended to be effective February 16, 1994, 19 TexReg 802; amended to be effective November 15, 2001, 26 TexReg 9135 |
