|(a) The following words and terms, when used in this
section, have the following meanings, unless the context clearly indicates
(1) Annual fee--A fee charged to each person holding
a registration or permit under the commission's authority in Texas
Health and Safety Code, Chapter 361, or a permit issued under the
commission's authority in Texas Water Code, Chapter 26, except that
a fee will not be assessed under this chapter as specified in §312.5
of this title (relating to Relationship to Other Requirements).
(2) Reported--Information compiled and submitted to
the executive director that tracks the amount of waste being stored,
treated, processed, transported, or disposed of in the state; tracks
the amount of processing, transporting, and disposal capacity and
reserve capacity; and enables equitable assessment and collection
(3) Payment--Receipt by the executive director of the
full amount of the annual fee(s) due.
(b) Except as provided in subsection (f) of this section,
the amount of the annual fee that is assessed is determined by weight
of solids disposed of and reported to the executive director as of
September 30th of each year (reporting period September 1st of previous
year to August 31st of current year). Failure to report this information
does not exempt a registrant or permittee from this fee. The fees
are as follows.
(1) The minimum fee assessed against each registration
or permit is $100, regardless of whether the site is active or inactive.
(2) When water treatment residuals are mixed with a
Class B biosolids or when Class B biosolids are land applied, the
fee is $0.75 per dry ton.
(3) When biosolids are applied to a site for disposal
or when water treatment residuals are applied to a site for disposal
and the activity requires a permit as specified in Subchapter F of
this chapter (relating to Land Application, Storage, and Disposal
of Water Treatment Residuals), the fee is $1.25 per ton.
(4) When water treatment residuals are applied to a
site for beneficial use or disposal and the activity does not require
a permit as specified in Subchapter F of this chapter, the fee is
$0.20 per dry ton.
(5) When sewage sludge or biosolids are fired in an
incinerator, the fee is $1.25 per dry ton.
(c) An annual transporter fee is assessed against each
person or entity holding a registration to transport sewage sludge,
biosolids, water treatment residuals, domestic septage, chemical toilet
waste, grease trap waste, or grit trap waste issued in accordance
with Subchapter G of this chapter (relating to Transporters and Temporary
Storage Provisions). The amount of the annual fee must be based upon
the total annual volume of waste transported by the transporter under
each registration and reported to the executive director as of June
15th, each year. Failure to report the transportation of waste does
not exempt a registrant from this fee. The fees are as follows.
(1) For a total annual volume transported of 10,000
gallons (50 cubic yards) or less, the fee is $100.
(2) For a total annual volume transported greater than
10,000 gallons (50 cubic yards) but equal to or less than 50,000 (250
cubic yards), the fee is $250.
(3) For a total annual volume transported greater than
50,000 gallons (250 cubic yards) but equal to or less than 200,000
gallons (1,000 cubic yards), the fee is $400.
(4) For a total annual volume transported of greater
than 200,000 gallons (1,000 cubic yards), the fee is $500.
(d) Permit and registration holders shall submit annual
reports in accordance with §312.48(1) of this title (relating
to Reporting) no later than September 30th of each calendar year,
for a reporting period covering September 1st of the previous calendar
year to August 31st of the current calendar year. Fees assessed in
subsection (b) of this section must be paid by the registrant or permittee
on or before the due date specified in the invoice each year. Fees
assessed in subsection (c) of this section must be paid by the registrant
after billing by the executive director, prior to September 1st, of
each year. Fees must be paid by check, certified check, or money order
payable to the Texas Commission on Environmental Quality. The permittee
or registrant 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
(e) Failure of the registrant or permittee to submit
the required fee within 30 days of billing, shall be sufficient cause
for the commission to revoke the registration or permit and authorization
to process or dispose of waste. Any entity to whom a registration
or permit is transferred shall be liable for payment of the annual
fee on the same basis as the transferor.
(f) No fee will be assessed for sewage sludge, biosolids,
or water treatment residuals composted with source-separated organic
material at a composting facility, including a composting facility
located at a permitted landfill site. This subsection does not apply
if the biosolids or residuals are not used as compost and are deposited
in a surface disposal site or landfill.
(g) Applicants shall submit permit application fees
for Class B biosolids permit applications.
(1) Any person who applies for a new permit, permit
renewal, or permit amendment shall pay a permit application fee. The
fees in this subsection relating to application for a permit, permit
renewal, or major amendment supersede the fees in §305.53 of
this title (relating to Application Fee). An application for a minor
amendment or permit transfer must be submitted in accordance with §305.53
of this title. The commission may not consider an application for
final decision until such time as the permit application fee is paid.
All permit application fees must be made payable to the commission
and paid at the time the application for a permit is submitted.
(2) The executive director may not process an application
until all delinquent annual fees and delinquent administrative penalties
owed the commission by the applicant or for the site as delineated
in the permit application are paid in full. Any permittee to whom
a permit is transferred shall be liable for payment of the annual
fees assessed for the permitted entity/site on the same basis as the
transferor of the permit, as well as any outstanding fees and associated
penalties owed the commission. If the applicant is not the permittee
at the time fees become delinquent or against whom administrative
penalties are assessed, the executive director may for good cause
waive the applicant's liability under this subsection for payment
of delinquent annual fees or delinquent administrative penalties.
(3) An applicant may file a written request for a refund
in the amount of 50% of the permit application fee paid if the permit
is not issued. No fees will be refunded after a new permit, permit
renewal, permit modification, permit amendment, or permit transfer
has been issued by the commission. Transfer of a permit will not entitle
the transferor permittee to a refund, in whole or part, of any fee
already paid by that permittee.
(4) The permit application fees will be between $1,000
and $5,000, based on the quantity of biosolids to be applied annually
under the permit, as shown in the following schedule:
(A) $1,000, if the quantity is 2,000 dry tons or less;
(B) $2,000, if the quantity is greater than 2,000 dry
tons but less than or equal to 5,000 dry tons;
(C) $3,000, if the quantity is greater than 5,000 dry
tons but less than or equal to 10,000 dry tons;
(D) $4,000, if the quantity is greater than 10,000
dry tons but less than or equal to 20,000 dry tons; or
(E) $5,000, if the quantity is greater than 20,000