| (a) An annual generation fee is hereby assessed each
industrial or hazardous solid waste generator that is required to
notify under §335.6 of this title (relating to Notification Requirements)
and which generates Class 1 industrial solid waste or hazardous waste
or whose act first causes such waste to become subject to regulation
under Subchapter B of this chapter (relating to Hazardous Waste Management
General Provisions) on or after September 1, 1985. These fees shall
be deposited in the hazardous and solid waste fee fund. The amount
of a generation fee is determined by the total amount of Class 1 nonhazardous
waste or hazardous waste generated during the previous calendar year.
The annual generation fee may not be less than $50. The annual generation
fee for hazardous waste shall not be more than $50,000 and for nonhazardous
waste not more than $10,000.
(b) Wastewaters are exempt from assessment under the
following conditions.
(1) Wastewaters containing hazardous wastes which are
designated as hazardous solely because they exhibit a hazardous characteristic
as defined in 40 Code of Federal Regulations (CFR) Part 261, Subpart
C, concerning characteristics of hazardous waste, and are rendered
nonhazardous by neutralization or other treatment on-site in totally
enclosed treatment facilities or wastewater treatment units 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) are exempt from the assessment of hazardous
waste generation fees.
(2) Wastewaters classified as Class 1 industrial solid
wastes because they meet the criteria for a Class 1 waste under the
provisions of §335.505 of this title (relating to Class 1 Waste
Determination) and are treated on-site in totally enclosed treatment
facilities or wastewater treatment units for which no permit is required
under §335.2 of this title or §335.41 of this title and
no longer meet the criteria for a Class 1 waste are exempt from the
assessment of waste generation fees.
(3) Wastewaters containing hazardous wastes which are
designated as hazardous solely because they exhibit a hazardous characteristic
as defined in 40 CFR Part 261, Subpart C, concerning characteristics
of hazardous waste, and are transported via direct hard pipe connection
to a publicly-owned treatment works (POTW) and rendered nonhazardous
by neutralization or other treatment are exempt from the assessment
of hazardous waste generation fees.
(4) Wastewaters classified as Class 1 industrial solid
wastes because they meet the criteria for a Class 1 waste under the
provisions of §335.505 of this title and are transported via
direct hard pipe connection to a POTW for treatment and no longer
meet the criteria for a Class 1 waste are exempt from the assessment
of waste generation fees.
(5) Wastewaters which are designated as hazardous waste
solely under 40 CFR §261.3(a)(2)(iv) that are generated at terminal
operations due to de minimis losses of commercial chemical products
and chemical intermediates listed in 40 CFR §261.33 and are treated
on-site or off-site at a POTW are exempt from the assessment of hazardous
waste generation fees, provided that any discharge to a POTW is via
a direct hardpipe connection. For the purposes of this section, de
minimis losses shall have the meaning described in 40 CFR §261.3(a)(2)(iv)(D).
(6) These exemptions or adjustments in fee assessment
in no way limit a generator's obligation to report such waste generation
or waste management activity under any applicable provision of this
chapter.
(7) A wastewater stream treated to meet a different
waste classification is subject to only one assessment under this
section.
(c) 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 any generation
fee assessed under this section.
(d) Wastes which are recycled shall be exempt from
any generation fee assessed under this section.
(e) Generation fees are to be assessed up to the maximum
annual fee according to the schedules in the tables in Figure: 30
TAC §335.323(e)(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 annual fee specified in the fee schedules in this subsection,
on an annual basis, and will notify fee payers of the upcoming fee
rate before the rates go into effect.
(f) Any claim of exemption from or adjustment to the
assessment of a generation fee under this section must be made in
writing to the executive director prior to the due date of the assessment.
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| Source Note: The provisions of this §335.323 adopted to be effective October 31, 1985, 10 TexReg 4085; 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 April 24, 1995, 20 TexReg 2709; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective July 18, 2002, 27 TexReg 6315; amended to be effectiveNovember 25, 2021, 46 TexReg 7886 |
