| (a) Purpose. This section establishes a fee in amounts
sufficient to recover the reasonable costs to:
(1) implement a registration program for affected facilities;
(2) review of any certifications submitted under §338.21
of this title (relating to Certification);
(3) inspect sites/facilities regulated under this chapter;
and
(4) enforce compliance with applicable standards of §338.5
of this title (relating to Standards).
(b) Fee assessment.
(1) The executive director will assess fees for each
aboveground storage vessel subject to §338.20 of this title (relating
to Registration) up to a maximum fee of $2,000.00.
(2) The owner or operator must pay the registration
fee upon initial registration and annually.
(3) The executive director will bill the owner or operator
for the aboveground storage vessels on their site(s) annually. The
owner or operator shall pay all fees by check, money order, electronic
funds transfer, or through the executive director's payment portal.
The owner or operator shall make any payments payable to the Texas
Commission on Environmental Quality. If the executive director does
not receive assessment by the invoice due date, the executive director
shall assess penalties and interest for the late payment of fees in
accordance with Chapter 12 of this title (relating to Payment of Fees).
(4) The executive director may adjust fees up to the
maximum in this subsection, on an annual basis, and will notify fee
payers through an appropriate notification process, such as but not
limited to Texas Register publication
with public comment. The executive director may adjust fees in this
subsection in amounts sufficient to recover the reasonable costs to:
(A) implement a registration program for affected facilities;
(B) review initial and ten-year certifications;
(C) amend certifications;
(D) inspect certified facilities; and
(E) enforce compliance with applicable standards of
Texas Water Code §26.3442 and rules and orders adopted under
those subsections.
(5) Regardless of actual billing date, the executive
director will base the billing for registration fees on aboveground
storage vessels listed on the registration as of September 1 of each
year.
(6) Cancellation of a registration, whether by voluntary
action on the part of the owner or as a result of involuntary proceedings
initiated by the executive director, will not constitute grounds for
refund, in whole or in part, of any fee paid under this section.
(7) Transfer of facility ownership will not entitle
the transferring entity to a refund, in whole or in part of any fee
already paid under this section. The executive director may not process
a transfer request until the owner or operator has paid in full all
fees owed to the commission by the owner or operator or for the registered
aboveground storage vessels. Any owner or operator to whom a registration
is transferred shall be liable for payment of any associated outstanding
fees and penalties owed to the commission.
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