| (a) Purpose.
(1) Fees. The commission is mandated by Texas Health
and Safety Code, §361.013, to collect a fee for solid waste disposed
of within the state, and from transporters of solid waste who are
required to register with the state. The fee amount may be raised
or lowered in accordance with spending levels authorized by the legislature.
(2) Reports. The commission requires reports to track
the amount of waste being stored and processed to track the amount
of processing capacity and reserve (future) disposal capacity in Texas,
and to enable equitable assessment and collection of fees.
(b) Applicability.
(1) Fees. The owner or operator of a medical waste
processing facility, with the exception of facilities authorized as
transfer station only, is required to pay a fee to the agency based
upon the amount of waste received. For the purpose of this subchapter,
"waste received" means the total amount of the waste (measured in
tons or cubic yards) received by a facility at the gate, excluding
only those wastes that are recycled or exempted from payment of fees
under this subchapter or by law.
(2) Reports. All registered facility owners or operators
must submit reports to the executive director covering the types and
amounts of waste processed at the facility or processing location;
other pertinent information necessary to track the amount of waste
generated, recovered, or recycled; and the amount of processing capacity
of facilities. The information requested on forms provided by the
executive director shall not be considered confidential or classified
information unless specifically authorized by law, and refusal to
submit the form with complete and accurate information by the applicable
deadline shall be considered as a violation of this section and subject
to appropriate enforcement action and penalty.
(3) Interest penalty. Owners or operators of a facility
failing to make payment of the fees imposed under this subchapter
when due shall be assessed penalties and interest in accordance with
Chapter 12 of this title (relating to Payment of Fees).
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