| (a) Each owner or operator of a medical waste processing
facility, with the exception of a facility authorized as a transfer
station only is required to comply with the following:
(1) Fee rates and measurement options. For purposes
of this subsection, uncompacted waste means any waste that is not
a liquid or a sludge, has not been mechanically compacted by a collection
vehicle, has not been driven over by heavy equipment prior to collection,
or has not been compacted subsequent or prior to collection by any
type of mechanical device other than small, in-house, compactor devices
owned and/or operated by the generator of the waste. Compacted waste
is a liquid, sludge, or similar waste or any waste that has been reduced
in volume by a collection vehicle or by any other means including,
but not limited to, dewatering, composting, incineration, and similar
processes. The volume or weight reported on the quarterly solid waste
summary report must be consistent with the volume or weight of the
waste received, as defined in §326.85(b)(1) of this title (relating
to Purpose and Applicability). The volume or weight of the waste received
shall be determined prior to processing of the waste.
(A) Tons. The recommended method for measuring and
reporting waste received at the gate is in tons. The operator must
accurately measure and report the number of cubic yards or tons of
waste received. For waste reported in tons, the fee rate is $0.47
per ton received and will be calculated by the executive director
by using this rate.
(B) Cubic yards (compacted). For waste reported in
compacted cubic yards, the fee rate is $0.15 per cubic yard received
and will be calculated by the executive director using this rate.
(C) Cubic yards (uncompacted). For waste reported in
uncompacted cubic yards, the fee rate is $0.095 per cubic yard received
and will be calculated by the executive director using this rate.
(2) Fee calculation. The fee shall be calculated by
the executive director using information obtained from the quarterly
solid waste summary report. The total cubic yards or tonnage reported
to the executive director in the quarterly solid waste summary report
shall be derived from gate tickets (weight or volume) or invoices
and records of recycled materials or any other information deemed
relevant by the executive director. A billing statement will be generated
quarterly by the executive director and forwarded to the applicable
owner or operator or a designated representative.
(3) Fee payment due date. All solid waste fees shall
be due within 30 days of the date the payment is requested.
(4) Method of payment. The required fee shall be submitted
in the form of a check or money order made payable to the commission
and delivered or mailed to the return address designated by the executive
director in the billing statement.
(5) Penalties. Failure of the facility owner or operator
to submit the required fee payment by the due date shall be sufficient
cause for the commission to revoke the registration and authorization
to process waste. The commission may assess interest penalties for
late payment of fees and may also assess penalties (fines) in accordance
with Texas Water Code, §7.051, or take any other action authorized
by law to secure compliance.
(6) Exemptions. A fee will not be charged on solid
waste resulting from a public entity's effort to protect the public
health and safety of the community from the effects of a natural or
man-made disaster or from structures that have been contributing to
drug trafficking or other crimes if the disposal facility at which
that solid waste is offered for disposal has donated to a municipality,
county, or other political subdivision the cost of disposing of that
waste.
(b) All transporters and mobile on-site treatment unit
operators are required to comply with the following;
(1) Transporters are required to pay an annual registration
fee to the commission based upon the total weight or volume of untreated
medical waste transported. Mobile treatment unit owners or operators
are required to pay an annual fee to the commission based upon the
total weight of medical waste treated on-site under each registration
by rule.
(2) The amount of the annual fee shall be based upon
the total weight or volume of untreated medical waste transported
under each registration by rule for transporters or total weight of
medical waste treated on-site under each mobile treatment unit registration
by rule.
(3) The annual fees shall be determined as follows.
(A) For a total annual weight transported of 1,000
pounds of medical waste or less, the fee is $100.
(B) For a total annual weight transported greater than
1,000 pounds of medical waste but equal to or less than 10,000 pounds
of medical waste, the fee is $250.
(C) For a total annual weight transported greater than
10,000 pounds of medical waste but equal to or less than 50,000 pounds
of medical waste, the fee is $400.
(D) For a total annual weight transported greater than
50,000 pounds of medical waste, the fee is $500.
(E) For all medical waste reported on a volume basis,
the fee is $500.
(4) Fees assessed in subsection (a) of this section
by the executive director shall be paid by the registrant within 30
days of the date of the billing statement and shall be submitted in
the form of a check or money order made payable to the agency cashier.
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