|(a) A fee is hereby assessed on each owner or operator
of a waste storage, processing, or disposal facility, except as provided
in subsections (b) - (e) of this section. A fee is assessed for hazardous
wastes which are stored, processed, disposed, or otherwise managed
and for Class 1 industrial wastes which are disposed at a commercial
facility. For the purpose of this section, the storage, processing,
or disposal of hazardous waste for which no permit is required under §335.2
of this title (relating to Permit Required) or §335.41 of this
title (relating to Purpose, Scope and Applicability) is not subject
to a hazardous waste management fee.
(b) A fee imposed on the owner or operator of a commercial
hazardous waste storage, processing, or disposal facility for hazardous
wastes which are generated in this state and received from an affiliate
or wholly owned subsidiary of the commercial facility, or from a captured
facility, shall be the same fee imposed on a noncommercial facility.
For the purpose of this section, an affiliate of a commercial hazardous
waste facility must have a controlling interest in common with that
(c) The storage, processing, or disposal of industrial
solid waste or hazardous wastes generated in a removal or remedial
action accomplished through the expenditure of public funds from the
hazardous and solid waste remediation fee fund shall be exempt from
the assessment of a waste management fee under this section.
(d) A fee shall not be imposed on the owner or operator
of a waste storage, processing, or disposal facility for the storage
of hazardous wastes if such wastes are stored within the time periods
allowed by and in accordance with the provisions of §335.69 of
this title (relating to Accumulation Time).
(e) A fee may not be imposed under this section on
the operation of a facility permitted under the Texas Water Code,
Chapter 26, or the federal National Pollutant Discharge Elimination
System program for wastes treated, processed, or disposed of in a
wastewater treatment system that discharges into surface waters of
the state. For the purpose of this section, the management of a hazardous
waste in a surface impoundment which is not exempt from assessment
under this subsection will be assessed the fee for processing under
subsection (j) of this section.
(f) The waste management fee authorized under this
section shall be based on the total weight or volume of a waste except
for wastes which are disposed of in an underground injection well,
in which case the fee shall be based on the dry weight of the waste,
measured in dry weight tons (dwt), as defined in §335.322 of
this title (relating to Definitions) and §335.326 of this title
(relating to Dry Weight Determination).
(g) The hazardous waste management fee for wastes generated
in this state shall not exceed $40 per ton for wastes which are landfilled.
(h) The operator of a waste storage, processing, or
disposal facility receiving industrial solid waste or hazardous waste
from out-of-state generators shall be assessed the fee amount required
on wastes generated in state plus an additional increment to be established
by rule, except as provided in subsection (k) of this section.
(i) For the purposes of subsection (j) of this section,
energy recovery means the burning or incineration of a hazardous waste
fuel and fuel processing means the handling of a waste fuel, including
storage and blending, prior to its disposal by burning.
(j) Except as provided in subsections (k) - (q) of
this section, waste management fees shall be assessed up to the maximum
fee according to the schedules in the tables in Figure: 30 TAC §335.325(j)(1)
and (2) in this subsection.
(1) Table 1: Hazardous Waste Schedule.
(2) Table 2: Class 1 Nonhazardous Waste Schedule.
(3) The executive director may adjust fees at or below
the fee specified in the fee schedule, on an annual basis, and will
notify fee payers of the upcoming fee rate before the rates go into
(k) For wastes which are generated out-of-state, the
fee will be that specified in subsection (j) of this section, except
that the fee for the storage, processing, incineration, and disposal
of hazardous waste fuels shall be the same for wastes generated out-of-state
(l) Except as provided in subsection (m) of this section,
only one waste management fee shall be paid for a waste managed at
a facility. In any instance where more than one fee could be applied
under this section to a specific volume of waste, the higher of the
applicable fees will be assessed.
(m) A fee for storage of hazardous waste shall be assessed
in addition to any fee for other waste management methods at a facility.
No fee shall be assessed under this section for the storage of a hazardous
waste for a period of less than 90 days as determined from the date
of receipt or generation of the waste (or the effective date of this
section). The fee rate specified in the schedule under subsection
(j) of this section shall apply to the quantity of waste in any month
which has been in storage for more than 90 days or the number for
which an extension has been granted under §335.69 of this title.
(n) A facility which receives waste transferred from
another facility shall pay any waste management fee applicable under
this section and shall not receive credit for any fee applied to the
management of the waste at the facility of origin.
(o) The fee rate for incineration of aqueous wastes
containing 5.0% or less of total organic carbon will be 10% of the
fee for incineration under the schedule in subsection (j) of this
(p) A commercial waste disposal facility receiving
solid waste not subject to assessment under this section shall pay
any assessment due under Chapter 330, Subchapter P of this title (relating
to Fees and Reporting). No fee for disposal of a solid waste under
Chapter 330, Subchapter P of this title, shall be assessed in addition
to a fee for disposal under this section.
(q) An operator of a hazardous waste injection well
electing to separately measure inorganic salts in the determination
of dry weight under the provisions of §335.326(c) of this title
shall pay a fee equivalent to 20% of the fee for underground injection
assessed in subsection (j) of this section for the components of the
waste stream determined to be inorganic salts.
|Source Note: The provisions of this §335.325 adopted to be effective March 19, 1992, 17 TexReg 1737; amended to be effective February 16, 1994, 19 TexReg 802; amended to be effective October 16, 1995, 20 TexReg 7993; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective November 25, 2021, 46 TexReg 7886