| (a) Landfilling. Each operator of a facility in Texas
that disposes of municipal solid waste (MSW) by means of landfilling,
including landfilling of incinerator ash, is required to pay a fee
to the agency for all waste received for disposal. The fee rate for
waste disposed of by landfilling is dependent upon the reporting units
used.
(1) Fee rates. 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.
(A) Tons. For waste reported in tons, the fee rate
is $0.94 per ton received for disposal.
(B) Cubic yards (compacted). For waste reported in
compacted cubic yards, the fee rate is $0.30 per cubic yard received
for disposal.
(C) Cubic yards (uncompacted). For waste reported in
uncompacted cubic yards, the fee rate is $0.19 per cubic yard received
for disposal.
(2) Measurement options. The volume or weight reported
on the quarterly solid waste summary report must be consistent with
the volume or weight of the waste received for disposal, as defined
in §330.671(b)(1) of this title (relating to Purpose and Applicability).
The volume or weight of the waste received for disposal shall be determined
prior to disposal or processing of the waste.
(A) The recommended method for measuring and reporting
waste received at the gate is in short tons. The facility operator
must accurately measure and report the number of cubic yards or tons
of waste received at the gate.
(i) The fee for waste reported in short tons will be
calculated by the executive director at an amount equal to $0.94 per
ton.
(ii) The fee for compacted waste reported in cubic
yards will be calculated by the executive director at an amount equal
to $0.30 per cubic yard.
(iii) The fee for uncompacted waste reported in cubic
yards will be calculated by the executive director at an amount equal
to $0.19 per cubic yard.
(B) If a landfill operator chooses to report the amount
of waste received utilizing the population equivalent method authorized
in §330.675(a)(3) of this title (relating to Reports), the fee
for such waste received shall be calculated by the executive director
at an amount equal to $0.94 per ton.
(3) 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,
except in the case of operators who are authorized to report utilizing
the population equivalent method in §330.675(a)(3) of this title,
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
permittee/registrant or a designated representative.
(4) Fee due date. All solid waste fees shall be due
within 30 days of the date the payment is requested.
(5) Method of payment. The required fee shall be submitted
in the form of a check or money order made payable to the Texas Commission
on Environmental Quality and delivered or mailed to the return address
designated by the executive director in the billing statement distributed
quarterly.
(6) Penalties. Failure of the landfill operator to
submit the required fee payment by the due date shall be sufficient
cause for the commission to revoke the landfill permit and authorization
to process or dispose of 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 (relating to Administrative
Penalty), or take any other action authorized by law to secure compliance.
(7) Exemptions.
(A) 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) A fee only for the amount determined necessary
to reimburse MSW regulatory activities will be charged federal facilities.
Prior to the fourth MSW billing quarter following the close of each
regular session of the Texas State Legislature, the Texas Commission
on Environmental Quality's chief financial officer will determine
the percentage of the MSW disposal fee that represents reimbursement
for regulatory implementation of the state MSW program and the percentage
that represents a state tax. The percentage determination shall be
reported to the MSW Permits Section for use in determining fees owed
by federal facilities. The MSW Permits Section shall grant federal
facilities a credit on their MSW fees equal to the percentage of the
fee determined to be a state tax. The credit shall be applied to each
billing quarter beginning with the first billing quarter of the state
fiscal year.
(b) Incinerators and processes for disposal. Each operator
of a facility that disposes of or processes MSW for disposal by means
other than landfilling is required to pay a fee to the agency for
all waste received for processing or disposal. Facilities and/or processes
included in this category include, but are not limited to, incineration;
composting; application of sludge, septic tank waste, or shredded
waste to the land; and similar facilities or processes. Not included
as a process for disposal is land application of waste that has already
been properly composted in one of the facilities named.
(1) Fee rates. 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.
(A) Tons. For waste reported in tons, the fee rate
is $0.47 per ton received.
(B) Cubic yards (compacted). For waste reported in
compacted cubic yards, the fee rate is $0.15 per cubic yard received.
(C) Cubic yards (uncompacted). For waste reported in
uncompacted cubic yards, the fee rate is $0.09 and one-half cent per
cubic yard received.
(2) Measurement options. The volume or weight reported
on the quarterly solid waste summary report must be consistent with
the volume or weight of the waste received for disposal, as defined
in §330.671(b)(1) of this title. The volume or weight of the
waste received for disposal shall be determined prior to disposal
or processing of the waste.
(A) The recommended method for measuring and reporting
waste received at the gate is in short tons. The operator must accurately
measure and report the number of cubic yards or tons of waste received.
(i) The fee for waste reported in short tons will be
calculated by the executive director at an amount equal to $0.47 per
ton.
(ii) The fee for compacted waste reported in cubic
yards will be calculated by the executive director at an amount equal
to $0.15 per cubic yard.
(iii) The fee for uncompacted waste reported in cubic
yards will be calculated by the executive director at an amount equal
to $0.09 and one-half cent per cubic yard.
(B) If a facility operator chooses to report the amount
of waste received utilizing the population equivalent method authorized
in §330.675(a)(3) of this title, the fee shall be calculated
by the executive director at an amount equal to $0.47 per ton.
(3) 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,
except in the case of operators who are authorized to report utilizing
the population equivalent method in §330.675(a)(3) of this title,
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
permittee/registrant or a designated representative.
(4) Fee due date. All solid waste fees shall be due
within 30 days of the date the payment is requested.
(5) Method of payment. The required fee shall be submitted
in the form of a check or money order made payable to the Texas Commission
on Environmental Quality and delivered or mailed to the return address
designated by the executive director in the billing statement distributed
quarterly.
(6) Penalties. Failure of the facility or process operator
to submit the required fee payment by the due date shall be sufficient
cause for the commission to revoke the permit or registration and
authorization to process or dispose of 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.
(7) 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.
(c) Facilities and processes not for disposal. Facilities
or processes not included in the scope of subsections (a) and (b)
of this section shall be considered as "facilities and processes not
for disposal." Facilities and processes not for disposal are those
facilities that are permitted or registered independently from landfill,
incinerator, or disposal processing operations and include, but are
not limited to, such facilities or processes as transfer stations,
shredders, balers, methane extractors, etc. Facilities and processes
not for disposal are not required to pay a fee to the agency, but
are required to submit reports.
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