| (a) The commission shall adopt maximum disposal rates
for disposal of party state compact waste at the compact waste disposal
facility. In determining the rates, the commission shall ensure that
they are fair, just, reasonable, and sufficient considering the value
of the licensee's real property and license interests, the unique
nature of its business operations, the licensee's liability associated
with the site, its investment incurred over the term of its operations,
and the reasonable rate of return equivalent to that earned by comparable
enterprises.
(b) The commission may use any standard, formula, method,
or theory of valuation reasonably calculated to arrive at the objective
of prescribing and authorizing fair, just, reasonable, and sufficient
rates.
(c) In any proceeding involving a new or revised rate,
the burden of proof shall be on the licensee to show that the proposed
rate, if proposed by the licensee, or that the existing rate, if it
is proposed to reduce the rate, is just and reasonable. In any other
matters or proceedings, the burden of proof is on the moving party.
(d) The commission may refer a request for a contested
case hearing to the State Office of Administrative Hearings on the
establishment of a rate under this subchapter.
(e) The commission may audit a licensee's financial
records and waste manifest information to ensure that the fees imposed
under this chapter are accurately charged and paid. The licensee shall
comply with the commission's audit-related requests for information.
(1) To achieve the purposes, proper administration,
and enforcement of this chapter, the executive director may conduct
audits or investigations of waste disposal rates, payments and fees
authorized by Texas Health and Safety Code, Chapter 401, and the veracity
of information submitted to the commission.
(2) Each person subject to or involved with an audit
or investigation under this subsection shall cooperate fully with
the audit or investigation conducted by the executive director.
(f) After consideration of a rate application or revision,
the commission shall establish, by rule, the maximum disposal rate
and schedule.
(g) The authority to establish the rates under this
subchapter may be delegated to the executive director if the application
is not contested.
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