| (a) Under Texas Health and Safety Code, §366.059, the
commission may assess a reasonable and appropriate charge-back fee, not to
exceed $500 per permit, to local governmental entities that either have repealed
an on-site sewage facility (OSSF) order, ordinance, or resolution, or have
had their delegation revoked by the commission according to §285.13 of
this title (relating to Revocation of Authorized Agent Delegation). The charge-back
fee will be assessed for each OSSF permit issued within that local governmental
entity's area of jurisdiction. The amount of the charge-back fee will be based
on the executive director's actual cost of issuing an OSSF permit in that
jurisdiction. The executive director's actual cost will be based on the type
and number of OSSFs typically installed and inspected in the local governmental
entity's jurisdiction, along with expected travel expenses for the executive
director.
(1) If a local governmental entity repeals its OSSF order,
ordinance, or resolution or the commission revokes a local governmental entity's
delegation and the local governmental entity agrees to the amount of the charge-back
fee, the executive director will recommend the commission approve the charge-back
fee. In order to have legal effect as an order of the commission, the charge-back
fee must be approved and ordered by the commission. The commission order must
include:
(A) the type of OSSFs typically installed and inspected in
the local governmental entity's jurisdiction;
(B) the number of OSSFs installed in the local governmental
entity's jurisdiction over the preceding five years;
(C) the distance the county courthouse or city hall is from
the nearest agency regional office;
(D) the current mileage rate set by the Comptroller of the
State of Texas; and
(E) the amount of the charge-back fee.
(2) If a local governmental entity repeals its OSSF order,
ordinance, or resolution or the commission revokes a local governmental entity's
delegation and the local governmental entity does not agree to the amount
of the charge-back fee, the commission will refer the matter to SOAH for a
contested case hearing to determine the charge-back fee, according to Chapter
80 of this title (relating to Contested Case Hearings).
(b) The executive director will bill the local
governmental entities for charge-back fees no more frequently than quarterly
and no less than annually. Payment of charge-back fees is due within 30 days
from the invoice date. Late payments are subject to penalties and interest
according to Chapter 12 of this title (relating to Payment of Fees).
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